Satpal Singh Bedi v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

February 10, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : February 5, 2009 % Judgment delivered on : February 10, 2009 + CRL.A. 836/2004 SATPAL SINGH BEDI ..... Appellant Through: Mr. R.S.Mahla, Advocate versus STATE ..... 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. Case of the prosecution is that the appellant Satpal Singh Bedi and co-accused Sushil, with the intention to rob the deceased Jarnail Singh had stabbed him at around 9:00 – 9:30 AM on 8.8.2003 near the railway lines at Shakur Basti and fled after removing his belongings; as a result of the stab injuries Jarnail Singh died. 2. Criminal law was set into motion when Bhagat Ram PW-2, was on his way to report for duty at the Ordnance Depot, Shakur Basti on 8.8.2003 and at around 9:30 AM saw the dead body of his colleague Jarnail Singh, who was also an employee working at the Ordnance Depot, Shakur Basti. The information was conveyed to the police by means of a telephone call and at 9:55 AM, the same was recorded at PS Punjabi Bagh, vide DD No.7 Ex.PW-20/A, by Const.Damodar PW-20. 3. ASI Om Prakash PW-16, and Const.Ashok PW-13, went to the spot and saw the dead body of a man lying in a pool of blood, having cut marks on the chest. 4. Inspector Rajinder Singh PW-24, then posted as the SHO of PS Punjabi Bagh also received the information and he too proceeded to the spot and joined ASI Om Prakash and Const.Ashok Kumar. 5. Inspector Rajinder Singh PW-24, prepared the rukka recording that a dead body, identified as that of Jarnail Singh, has been recovered from the spot; and forwarded the rukka through ASI Om Prakash for registration of a FIR. ASI Sultan Singh PW-14, received the rukka and registered the FIR Ex.PW- 14/B at 1:30 PM under Section 302 IPC. Const.Sheesh Ram was immediately sent with a copy of the FIR for being delivered in the office of the Metropolitan Magistrate concerned. 6. At the spot, Inspector Rajinder Singh PW-24, prepared the site plan Ex.PW-24/B. A stone stained with blood, control earth and earth stained with blood were seized vide seizure memo Ex.PW-19/A; the seizure whereof was witnessed by SI Rajbir Singh PW-19 who had also joined the investigation in the meanwhile. 7. Const.Jeevan PW-10, a photographer, was summoned to the spot who took 11 photographs of the site, being Ex.PW- 10/A1 to Ex.PW-10/A11; negatives whereof are Ex.PW-10/B1 to Ex.PW-10/B11. 8. Information was conveyed to the family members of the deceased, whose identity was known to the police as disclosed by Bhagat Ram PW-2. 9. Anil Kumar PW-1, the brother of the deceased reached the site and reconfirmed that the deceased was his brother and was named Jarnail Singh. 10. The body was sent to Sanjay Gandhi Memorial Hospital for autopsy, where next day, i.e. 9.8.2003, Dr.V.K.Jha PW-11, conducted the post-mortem and prepared the post- mortem report Ex.PW-11/B. The post-mortem report records the following injuries on the deceased:- "Obliquely placed stab incised wound over front of left side chest size 2.5 cm x 1.5 cm x chest cavity deep, upper and inner end was acute, lower and outer end was blunt situated 2 cm left anterior midline and 23 cm blow the clavicle blood clots were present on the margin upon discussion of this injury it was observed that track perforates skin, muscles, cut fifty rib and perforates pericardium and penetrate left ventricle. Size over left ventricle was 1.8 cm x 6 cm x left ventricle cavity deep. The track directed front to back, left to right and slightly downwards. Total length of track was 5 cm. Entire track was full of infiltrated blood and blood clots. Head and neck structure was intact. Chest cavity left side containing about 2.5 liter of blood. Fifth rib was having cut and blood clot. Other abdomi