Rehman v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

February 26, 2009 dk

* IN THE HIGH COURT OF DELHI Judgment reserved on : February 04, 2009 % Judgment delivered on : February 26, 2009 + CRL.A.569/2006 REHMAN ..... Appellant Through: Mr. Dhananjay Puri, Advocate versus STATE ..... Respondent Through: Ms.Richa Kapoor, Advocate CRL.A. 497/2007 ABDUL @ ABDULLA ..... Appellant Through: Ms. Anu Narula, 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? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. On 29.4.2003 at 2:05 PM vide DD No.7A, Ex.PW-1/1, the Duty Officer PS Malviya Nagar recorded the receipt of information that a murder had taken place at H-12/10, Malviya Nagar. SI Ashok Kumar PW-16, accompanied by Const.Ravinder PW-8, reached the place of occurrence and learnt that the injured Mrs.Harbans Kaur had been removed to AIIMS Hospital. SI Ashok Kumar proceeded to the aforesaid hospital. 2. At the hospital, SI Ashok Kumar learnt that the injured Ms.Harbans Kaur was brought dead to the hospital. He collected the MLC, Ex.PW-10/A, prepared by Dr.Sachinda. SI Ashok Kumar did not meet any eye witnesses at the hospital. 3. Thereafter, SI Ashok Kumar returned to the place of occurrence. He met Gurcharan Singh PW-3, the husband of the deceased and Manjit Singh PW-6, nephew of the deceased, at the place of occurrence. SI Ashok Kumar recorded the statement, Ex.PW-3/A, of Gurcharan Singh and made an endorsement Ex.PW-16/A thereon and forwarded the same through Const. Ravinder PW-8 to the police station where SI Dharam Pal, the Duty Officer at the police station recorded FIR No.346/03, Ex.PW-11/A, under Section 302 IPC at 4:25 PM. 4. At the spot SI Ashok Kumar prepared a rough site plan, Ex.PW-16/C, of the place of occurrence. He summoned Const. Giri Raj (Photographer) who took photographs, Ex.PW-5/1 to Ex.PW-5/7, of the place of occurrence; the negatives whereof are Ex.PW-5/A collectively. From the place of occurrence one blood stained handkerchief Ex.C-1, was lifted vide seizure memo Ex.PW-3/C. A cloth piece Ex.D-1, was also lifted from the spot vide seizure memo Ex.PW-3/D. A chhura (knife) Ex.P-7 was seized vide seizure memo, Ex.PW-3/E. The sketch Ex.PW-16/D of the chhura was prepared. A wax polish Ex.F-1 was seized from the place of occurrence vide seizure memo Ex.PW-3/F. The cigarette buds lifted from the place of occurrence were seized vide seizure memo Ex.PW-3/G. A pant and a handkerchief lifted from the place of occurrence were seized vide seizure memo Ex.PW-3/H. One plash of iron, one small piece of cloth, six pieces of stones, wax polish, one white plastic pipe, two circular stones used for grinding and one wiper were collectively seized vide seizure memo Ex.PW-3/J. 5. The statement Ex.PW-3/A, made by Gurcharan Singh to the police reads as under:- "Statement of Shri Gurcharan Singh S/o late Sardar Chamba Singh, R/o H-12/10 Malviya Nagar New Delhi Aged 77 years Ph: 26683215 I reside at the abovementioned address along with my wife Smt. Harwansh Kaur aged 72 years and my brother-in-law's son Rinku alias Manjit aged about 18 years. I am engaged in the transport business. Stone grinding work was being done in the veranda of our house by three persons who were engaged by Rinku from a construction site near our house at a contract of Rs 1,200/-. Of the three persons two used to work regularly and the third who was the contractor used to come at regular intervals to collect the money. Today i.e on 29.4.2003 at about 11:30 a.m I and Rinku had left the house for some work. My wife was left behind at home and the three workers were doing their working when we left. When I and Rinku returned back to our house at about 1:30 P.M, the construction workers were not working in the veranda and the door to the house was locked from outside. As soon as I entered the house I fo