Dharam Singh v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. March 23, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : March 12, 2009 % Judgment delivered on : March 23, 2009 CRL.A. 403/2004 DHARAM SINGH ..... Appellant Through: Mr.Aman Lekhi, Sr.Advocate with Mr.Shishir Singh, Advocate, Mr.Jaspreet Singh, Advocate and Mr.Vaibhav Vats, Advocate. versus STATE ..... Respondent Through: Mr. Pawan Sharma, APP for the State. 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. On 16.6.2003 at 8:25 AM vide DD No.3A, Ex.PW-1/B, the duty officer PS Sriniwaspuri recorded information about a stabbing incident that had taken place at R-4, Private Colony, Banghal Mandir, Sriniwaspuri. SI Mukesh Kumar PW-10 accompanied by Const. Madan Pal and Const. Hodal Singh reached the spot. 2. At the spot, SI Mukesh Kumar met Sher Singh PW-5, a neighbour of the injured named Jaggu. SI Mukesh Kumar recorded the statement, Ex.PW-5/A, of Sher Singh and made an endorsement, Ex.PW-10/A, thereon. He forwarded the same through Const. Madan Pal to the police station where ASI Kiran Sood PW-1, the duty officer, recorded the FIR, Ex.PW-1/A, under Section 302 & 34 IPC at 9:55 AM. 3. The statement Ex.PW-5/A, made by Sher Singh to SI Mukesh Kumar reads as under:- "Statement of Shri Sher Singh S/o Shri Amar Chand R/o Q-26 Pvt. Colony, Sri Niwaspuri, New Delhi, Age 50 years. I reside at the abovementioned address with family and work at Delhi Jal Board G.K I as an assistant meter reader. Today i.e 16.6.2003 at about 8-8:15 am Dharam Singh s/o Bhupan came to house no. R-4 and a quarrel took place between accused Dharam Singh and Jaggu over the digging of a drain. The people of the area had to intervene to get the matter settled. Thereafter, Dharam Singh left the spot. Immediately after that Bhupan, the father of Dharam Singh, came to the spot along with his wife Devki. Bhupan was armed with a danda, both Bhupan and Devki caught hold of Jaggu, Devki was hitting Jaggu with her slipper while Bhupan hit him with the danda on his head. In the meanwhile Dharam Singh came back to the spot armed with a churri (knife) and stabbed Jaggu on his chest straight away without saying a word, blood started oozing out from Jaggu"s chest as well as his mouth. That I tried to stop the loss of blood with a cloth. That the three assailants immediately ran away from the spot after causing the injuries. That someone called the police in the meanwhile and a PCR Van arrived at the spot. Dharam Singh, Bhupan and Devki who reside at T-71, Pvt. Colony Sri Niwaspuri killed Jaggu@ Jagdev Singh in front of my eyes. There was a litigation pending between Jaggu and Bhupan for the past 15-20 years. My statement has been read over to me and is correct" 4. From the spot, SI Mukesh Kumar seized a churi (knife), vide seizure memo, Ex.PW-5/E. A pair of hawai chappals were seized vide seizure memo Ex.PW-5/D. Another pair of chappals were seized vide seizure memo Ex.PW-5/J. SI Mukesh Kumar sent the dead body to the mortuary of AIIMS. 5. Since Sher Singh had named, apart from the appellant, Devki and Bhupan as the accused, the police started searching the three. Devki and Bhupan were arrested by SI Mukesh Kumar the same day in the evening from their house at T-71, Private Colony Sriniwaspuri, New Delhi. Accused Bhupan made a disclosure statement Ex.PW-10/D, in which he told the police of having hit the deceased with a danda and said that he can get the same recovered. Thereafter, from within his house he got recovered a danda which was seized vide seizure memo Ex.PW-10/D. 6. Appellant Dharam Singh was arrested the next day i.e on 17.6.2003 and he made a disclosure statement, Ex.PW- 10/F, the same day. In his disclosure statement, Dharam Singh said that when he inflicted the stab wound on the deceased, his i.e. Dharam Singh"s clothes got stained with blood and th