Ahmed Ali Sardar v. State

PRADEEP NANDRAJOG, J.

J.R. MIDHA, J. April 06, 2009 Dharmender

* IN THE HIGH COURT OF DELHI % Judgment reserved on : 20.03.2009 Judgment delivered on: 06.04.2009 + CRL.A. No.726/2005 AHMED ALI SARDAR …Appellant Through : Ms.Purnima Sethi, Advocate versus STATE …Respondent Through : Ms.Richa Kapoor, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE J.R. MIDHA 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. 1. The police swung into action on 15.05.2002 at 2104 hours when an unknown person informed SI Charat Singh PW-14, that a person named Vicky has been stabbed at old Chandrawal; that public persons had apprehended the offender and had left him at Police Post Majnu Ka Tila and that the injured has been removed to the hospital. Const. Chanderpal PW-2, recorded DD No.33A Ex.PW-2/A, noting the said information. 2. ASI Rajeshwar PW-12, accompanied with SI Charat Singh PW-14 and Const. Prem PW-8, reached the spot. Simultaneously, another police officer named SI Sanjeev Kumar PW-17, also reached the spot. What happened thereafter is recorded in the endorsement (tehrir) made by SI Saneev Kumar PW-17, which reads as under:- "Respected Duty Officer Police Station Civil Lines it is humbly submitted that today at about 9.05 P.M. on receipt of a wireless information about a incident of stabbing I reached the place of occurrence i.e. Kale Khan Chowk, Majnu Ka Tila, where one Sugreev Yadav s/o Late Sh. Raja Ram Yadav was present who produced the accused Ahmed Ali Sardar s/o Surat Ali Sardar and handed over a spring actuated blood- stained knife in an open condition to me. The aforesaid spring actuated blood stained knife, in that very condition, was taken into police possession by means of a memo and aforesaid Sugreev got recorded his statement which was read over and explained to him and who having admitted the same to be correct put his signatures in Hindi which I attest. Th contents of the aforesaid statement, circumstances prevailing at the spot and the recovered knife reveal the commission of an offence punishable under Section 307 IPC and Sections 27/54/59 IPC of the Arms Act. Hence, this writing is being sent through Const. Prem Ram No.2251/N to the Police Station for registration of a case. Date and hour of occurrence : 15.05.02 at about 8.30 P.M. Place of occurrence : Kale Khan Chowk near truck parking Majnu ka Tilla Date and hour of despatch of writing : 15.05.02 at 9.50 P.M." (Translated Version) 3. The endorsement afore-noted on basis whereof the FIR was registered was preceded by SI Sanjeev Kumar PW-17, recording the statement Ex.PW-3/A of Sugreev Kumar Yadav, the gist whereof is that he earns his livelihood by working as a rickshaw puller in Majnu Ka Tilla area. That on 15.05.2002 at around 8.30 P.M. when he was drinking tea at the tea shop of Shashi Yadav situated at Kale Khan Chowk he saw that an altercation had ensued between the deceased and the accused. That thereafter the accused had inflicted a knife blow in the middle of the chest of the deceased. That he had apprehended the accused with the help of some persons who had gathered and had brought the accused to the spot. That the deceased had been removed to the hospital in the TSR of Sudeshwar. That Shashi Yadav had also witnessed the said incident. That he and Shashi Yadav had handed over possession of the blood stained knife possessed by the accused to the police. That the deceased was known to him prior to the incident as he also used to ply rickshaw in Majnu Ka Tilla area. 4. That the statement Ex.PW-3/A on which the endorsement was made by SI Sanjiv Kumar PW-17, was forwarded at 9.50 P.M. through Const. Prem Ram PW-8, for registration of an FIR. Const. Prem Ram handed over the endorsement to HC Kashi Ram PW-5, who registered the FIR bearing No.182/02 Ex.PW- 5/A, at 10.05 P.M. on 10.11.97. 5. As recorded in the endorsement, the appellant was apprehended at t