Tillu Sahu v. The State (Govt. of Nct) Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. FEBRUARY 06, 2009 rk

* IN THE HIGH COURT OF DELHI Judgment reserved on : January 13, 2009 % Judgment delivered on : February 06, 2009 + CRL.A.215/2004 TILLU SAHU ..... Appellant Through: Mr.Rajesh Mahajan, Advocate. versus THE STATE (GOVT. OF NCT) DELHI ..... Respondent Through: Mr. Pawan Sharma, 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. 1. At 11.01 PM on 28.2.2002, DD No.33-A was recorded at PS Vasant Kunj to the effect that a telephone call has been received from telephone No.6155381 and the caller has informed that somebody has been murdered in House No.427, Kusumpur Pahari. 2. SI P.C.Yadav PW-14, accompanied by Const. Banwari Lal PW-6, left for the spot and found the place to be a jhuggi wherefrom an injured person had already been removed by the PCR to the hospital. 3. Const. Banwari Lal stayed back and SI P.C.Yadav went to Safdarjung hospital and found that the injured was not fit for statement. He obtained a copy of the MLC, Ex.PW-15/1 of the injured recorded by Dr.Parvez. Returning to the jhuggi which had fresh blood spread over the floor and on the walls, SI P.C.Yadav made an endorsement Ex.PW-14/1 on the copy of the DD entry and forwarded the same for registration of an FIR. At the police station, SI Raghubir Singh PW-7, registered the FIR, Ex.PW-7/1, under Section 307 IPC at 10.15 AM. 4. At the spot, SI P.C.Yadav summoned the crime team and prepared the site plan Ex.PW-14/3. He seized plastic foam stained with blood from the wooden bed inside the jhuggi as per seizure memo Ex.PW-6/1. A blood-stained rod was also seized from the jhuggi as per seizure memo Ex.PW-6/2. The accused i.e. the appellant met SI P.C.Yadav at the spot. He was wearing a blue-black shirt which was found to be stained with blood. The same was seized vide seizure memo Ex.PW- 6/1. The appellant was arrested as per arrest memo Ex.PW- 14/6 from outside the jhuggi. 5. Const. Ravinder PW-13, took photographs Ex.PW- 13/1 to PW-13/8 of the jhuggi; negatives whereof are Ex.PW- 13/9 to PW-13/16. 6. The injured died a few hours after he was admitted at the hospital. Thus the offence punishable under Section 302 IPC was added in the FIR. His body was sent for post- mortem. Dr. A.K.Sharma PW-2, conducted the post-mortem on 2.3.2002 and recorded the following external and internal injuries on the deceased:- "External Ante mortem injuries: Left eye was black Avulsed contused lacerated wound of size 14x4 cm obliquely placed on the left lateral side of head, face and neck region. It is upper end ran downwards from left temporal region, cutting half of the anterior of pinna of left ear. It continued downwards anteriority along the left lateral part of the neck just behind the angle of the left mandible and terminated just short of the root of the neck on the left lateral side. Its depth in the region of angle of mandible was about 5 cm. It had caused continued downwards anteriority along the left lateral part of the neck just behind the angle of the left mandible and terminated just sort of the root of the neck on the left lateral side. Its depth in the region of angle of mandible was about 5 cm. It had caused damage to the tissue, muscle and small vessels in that area. Blood was oozing from the wound. Internal Examination:  Scalp: effusion of blood was found in left frontal region.  Scull: Depressed fracture of size 2.5x2.5 cms on the left frontal region.  Brain was pale.  Neck injuries were already described as above. Effusion of blood was found in the neck tissues.  …………………….." 7. He opined that the deceased die due to haemorrhage and shock following injuries to neck caused by blunt force impact and that injury No.2 was sufficient to cause death in ordinary course of nature. The blood-stained clothes of the deceased and a gauze containing blood of