Girdhari Singh v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

February 04, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : January 30, 2009 % Judgment delivered on : February 04, 2009 + CRL.A.48/2001 GIRDHARI SINGH ..... Appellant Through: Mr. Gurbaksh Singh, Advocate versus STATE ..... Respondent Through: Ms. Richa Kapoor, Advocate CRL.A.79/2001 MAN SINGH ..... Appellant Through: Mr. Gurbaksh Singh, Advocate versus STATE ..... Respondent Through: Ms. Richa Kapoor, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. In the matter of:- FIR No.58/1989 PS: Nand Nagri u/S 302/34 IPC, 364/34 IPC In the matter of:- FIR No.436/1989 PS: Trilok Puri u/S 302/34 IPC, 364/34 IPC X X X X X 1. Pursuant to information received at PS Nand Nagri on 26.2.1989 at 8:26 AM that a dead body was lying near a brick kiln at village Samboli, SI Tara Dutt PW-1, accompanied by Const. Naresh went to the spot and recovered the dead body of a man whose age he opined to be between 60 years to 65 years. The body was stained with blood. He prepared the rukka Ex.PW- 1/A and sent the same to the police station through Const. Naresh for registration of a FIR. 2. From a pocket of the jacket worn by the deceased a small pocket diary and a pair of glasses inside a case having a label "Kalu Ram Bhagat, R/o 28/181, Trilok Puri" was recovered. 3. With the aid of said address ASI Tara Dutt contacted family members of Kalu Ram Bhagat, who identified that the dead body was of Kalu Ram Bhagat. 4. The body of Kalu Ram Bhagat was sent to the mortuary, where Dr. L.T.Ramani conducted the post-mortem and noted the following injuries:- "A. An incised wound 2.5 cm x 1.0 cm x ? Placed transversely on the left cheek 6 cm away from left angle of mouth. Both the ends were acutely cut and the outer end was trailing into linear abrasion 2 cm long. B. Incised wound 6 cm x 2 cm x ? bone deep on the left side of lower jaw. The bone beneath showed fractured bony fragments. C. The incised present on the neck; four on the front upper middle part and one on the right sub- mandipular area; all the wounds were placed transversely and their size varied 3 to 5 cm into skin to muscle deep. D. Four lacerated wounds over scalp on the right occipital region from 2 to 5 cm long into scalp deep. E. Superficial cut 2 cm long involving part skin thickness on the tragus of left ear." 5. It was opined on the post-mortem report that the injuries were ante mortem and that injury No.1, 2, 3 and 5 were caused by a sharp edged weapon and that injury No.4 on the skull was caused by a blunt object. He opined that death was due to shock and haemorrhage consequent to the injuries. 6. We eschew reference to the collection of evidence pertaining to the photographs of the dead body as also the preparation of the site plan and seizure of earth control sample which had blood present as also the seizures of the clothes worn by the deceased for the reason no submissions have been made at the hearing of the two appeals pertaining to said evidence; save and except to note that the report Ex.PW-6/B of the forensic examination reports that the blood on the clothes of the deceased was human blood of "O" group. The report pertaining to the blood soil was that of a human but produced no reaction when tested for blood group. We may note that the relevance thereof is that a "darati" which was recovered from the fields pursuant to the disclosure statement Ex.PW-14/L made by appellant Girdhari, was also found to be stained with human blood which on reaction showed the same to be of "O" Group. 7. The next day i.e. on 27.2.1989, the police at PS Khekhra District Meerut U.P. received an information that on the banks of river Yamuna in village Subhanpur, a dead body of a person aged nearly 70 years was lying with marks of injury on the neck. The police at PS Khekhra seized the body and