Darshana v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. March 13, 2009 MM

* IN THE HIGH COURT OF DELHI % Judgment reserved on : 06.03.2009 Judgment delivered on: 13.03.2009 + CRL.A. No.931/2004 DARSHANA …Appellant Through : Mr. Rajesh Mahajan, Advocate versus STATE …Respondent Through : Mr.Pawan Sharma, Advocate. CRL.A. No.944/2004 RAJNI ..... Appellant Through : Mr. Rajesh Mahajan, 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. At 4:18 PM on 17.4.2002 Const.Geeta PW-16 recorded DD No.22, Ex.PW-4/A, at PS Uttam Nagar that a lady had been murdered at House No.147, Bhagwati Vihar. SI Kashmiri Lal PW-12 accompanied by Const. Rajesh Kumar PW-13, left for the spot. At the house they met Ms.Rajni, the sister of the deceased (Raj) and her mother Darshana. SI Kashmiri Lal recorded the statement Ex.PW-12/A of Rajni and made an endorsement Ex.PW-12/B thereon, and dispatched the same, as recorded in the endorsement, at 6:45 PM for the registration of an FIR. At the police station, the duty constable HC Ombir Singh PW-18, recorded the FIR Ex.PW-18/A at 6:45 PM. 2. Needless to state, the FIR has been registered on the statement Ex.PW-12/A made by Rajni. It becomes important to note said statement in its totality. The translated version thereof reads as under:- "Statement of Rajni, D/o Roop Lal, R/o V Block, House No.147, Bhagwati Vihar, Uttam Nagar, New Delhi aged 18 years. (1) I reside with my family at the afore- mentioned address and am pursuing B.A first year non-collegiate course from Maitreyi College. (2) On Sunday 14.4.2002, my father Roop Lal went to Punjab to attend a wedding and I along with my mother and my elder sister Raj stayed back at home. (3) My sister Raj used to sleep in the room adjoining the Gali; my mother and myself used to sleep in the inner room and my father used to sleep in the T.V. room. (4) Last night, my sister and myself watched television till 11.00 P.M, thereafter my sister slept in her room and I slept with my mother in the inner room. (5) My mother and myself got up around 8-8.15 A.M in the morning. (6) We had observed fast on Navratra and both of us took a bath. (7) My sister had also observed fast on Navratra and my mother told me to wake her up so that she could also take a bath. (8) First my mother knocked at the door. (9) There was no response when my mother knocked at the door. There was no response even when I knocked the door thereafter. (10) Thereafter, we peeped from the mesh door but could not see my sister on the bed, my mother said that she might be sleeping on the sofa. (11) After sometime my mother said that Raj should get up. (12) When we peeped through the mesh door my mother found the room a little lighted. (13) I and my mother went outside the house and saw the room adjoining the Gali bolted from outside. (14) When we opened the door we saw my sister Raj lying in a pool of blood between the sofa and the table. (15) I and my mother went inside the room; we both got scared. (16) My mother bolted the door adjoining the Gali from inside. (17) Then both of us went out from the other door and bolted the said door from outside; the way it was earlier. (18) Thereafter I went to the PCO Booth to contact Seema a friend of my sister Raj and my maternal uncle but was unable to contact them. (19) Thereafter I went to Seema"s house and informed her that Raj had done something to herself. (20) Seema came with me to my house and saw my sister Raj and she left after sometime saying that she had an exam. (21) Thereafter I waited for my maternal uncle whom I had already telephoned. (22) At around 1.30- 2.00 in the afternoon, Kaley Mama came to our house. (23) We could not think what to do. (24) Finally my maternal uncle decided to telephone the police and around 4.15 PM we dialed the numbe