Jai Bhagwan @ Kabar v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

JANUARY 15, 2009 mm/dk

i.12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 15th January, 2009 + CRL.A. 104/2007 JAI BHAGWAN @ KABAR ..... Appellant Through: Mr. L.D.Mual, 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? Yes 3. Whether judgment should be reported in Digest? Yes : PRADEEP NANDRAJOG, J. (Oral) 1. On 24.4.2003 at 9:50 P.M. DD Entry No.59-B, Ex.PW- 7/A, was recorded by PW-7 Const. Bhim Singh to the effect that a wireless message has been received informing that out side House No.295, Bhorgarh, Narela, a man has been murdered. That in the house of Ram Kumar, Kumharon Wali Gali, a husband has been inflicted a stab wound. 2. This swung the police into action. SI Rajinder Dabas PW-10, accompanied by PW-13 Const. Chattar Singh, and PW-14 Const. Satbir, proceeded to the spot and reached the place of the occurrence. Simultaneously, one other police officer, ASI Ramesh Chander PW-18, who had received a wireless message also reached the spot. 3. A dead body was lying on the road with a knife thrust in the abdomen region. 4. SI Rajesh PW-11, from the mobile crime team as also Const. Chunni Lal (Photographer) PW-19, reached the spot. 21 photographs, Ex.PW-19/A.1 to Ex.PW-19/A.21; (negatives whereof are Ex.PW-19/B.1 to Ex.PW-19/B.21) were taken. Inspector Mahipal Singh PW-15, posted as SHO PS Narela also reached the spot. Maya Devi PW-3, wife of the deceased Ram Kumar was found present at the spot. PW-15 recorded the statement Ex.PW-3/A of Maya Devi wherein she named the appellant as the killer of her husband, and made an endorsement thereon, Ex.PW-15/A, and at 11.50 PM handed over the same to Const. Satbir PW-14 for registration of a FIR. Satbir took Ex.PW-3/A to the police station and handed over the same to SI Panna Lal PW-16, who recorded the FIR Ex.PW-16/A at 12.05 AM on 25.4.2003. PW-15 prepared the site plan, Ex.PW-15/B, recording therein the place at point marked "A" where the deceased was stated to have been stabbed and the place at point marked "B" where the dead body was found. 5. At the spot 4 chappals were taken possession of; blood and earth samples were lifted vide memo Ex.PW-3/B. The dead body was found, as noted above, with a knife still inside the body. It was sent for post-mortem to Babu Jagjivan Ram Memorial Hospital, where, on 25.4.2003 Dr.B.N.Acharya PW-2, conducted the post-mortem and gave the report Ex.PW-2/A. The sketch of the knife which was removed from the body was prepared by him being Ex.PW-2/B. 6. Apart from Maya Devi PW-3, the wife of the deceased, Ashok Kumar PW-4, the brother of the deceased was also at the spot when the police reached. His statement under Section 161 Cr.P.C. was recorded. Statement of Manju PW-5, the daughter of the deceased was also recorded under Section 161 Cr.P.C. 7. Since in her statement Ex.PW-3/A, made to PW-15, Maya Devi informed that the appellant was the assailant, the police set out to apprehend the appellant. The appellant was apprehended on 26.4.2003 as per arrest memo Ex.PW-10/A. The shirt Ex.P-1 and the pant Ex.P-2 which were worn by the accused were seized by the police vide seizure memo Ex.PW- 10/C. 8. Appellant was interrogated by PW-15 in the presence of SI Rajinder Dabas PW-10, HC Savinder PW-20 and Const. Baljeet Singh PW-21. He made a disclosure statement Ex.PW- 20/A. Pursuant to the disclosure statement the accused took the police and vide pointing out memo, Ex.PW-10/B, pointed out the place where he admitted having committed the crime. 9. Armed with the aforesaid material the challan was filed accusing the appellant of having murdered the deceased Ram Kumar. A charge was framed against the appellants for having committed an offence punishable under Section 302 IPC. 10. At the trial, apart from examining afore noted police officers who proved th