Bheema v. The State of NCT Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

JANUARY 20, 2009 rk

* IN THE HIGH COURT OF DELHI % Date of Decision: 20th January, 2009 + Crl. Appeal No. 580/2006 Bheema …Appellant Through : Mr. Bhupesh Narula , Advocate Versus State …Respondent Through : Ms. Richa Kapoor APP 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. (Oral) 1. Criminal law was set into motion at 12:36 a.m. on 2.1.2004, when pursuant to a message received by HC Rajender Singh PW 10, entry in PCR form, Ex.PW-10/A, was recorded by him and transmitted to all PCR vans and PS Sangam Vihar. Pursuant to this message, DD Entry No.23A, Ex.PW-15/A was recorded at PS Sangam Vihar, New Delhi to the effect that two persons were lying soaked in blood on the road opposite KSK Public School. ASI Satish Chand PW-15, accompanied by Const. Devender Singh PW-3, reached the area which happened to be F-2/50 Gali No. 7 near Gill Farm Sangam Vihar. There they learnt that two injured persons had been removed to AIIMS hospital. Thus, the two proceeded to AIIMS. 2. At the hospital they learnt that one out of the two injured viz. Bali Ram (deceased) was unfit for statement. The other, his wife Prem PW-2, was fit for statement and accordingly her statement Ex.PW-2/A was recorded by ASI Satish Chand PW 15, at 2:00 a.m. on the same day. 3. In her statement Smt. Prem, inter alia, named the accused as the assailant. She stated that the accused had been residing at her residence for five to six months prior to the incident. On 1.1.2004 the accused reached home at about 9.00 PM. The accused used to sleep in a room on the upper floor whereas the deceased used to sleep on the ground floor. At about 12.30 AM accused Bheema came to her room and with the handle of a hand pump, inflicted blows on her husband and thereafter on her hand. An alarm was raised which attracted the neighbours whereupon the accused fled from the spot. She also stated that she was earlier married to one Kishan and had six children from the wedlock, one of whom was the accused, Bheema. Subsequently she married Bali Ram Sharma about 22 years back. 4. ASI Satish Chand PW15, made an endorsement Ex.PW- 15/C on the statement and handed over the same to Const. Devender PW3, for registration of a FIR. The FIR Ex.PW-6/A under Section 308 IPC was registered by HC Dhan Pal PW6, at 3:20 A.M on 2.1.2004 at PS Sangam Vihar. 5. ASI Satish Chand PW15 and Const. Devender Singh PW3 reached the site of the incident. ASI Satish Chand prepared a rough site plan, Ex.PW -15/D. Amongst others, a blood stained gudda lying on the cot was seized vide seizure memo Ex.PW-3/A, witness to the seizure was Const. Devender Singh. Gaurab PW 4, a photographer was summoned at the site at 7:30 a.m. 3 photographs of the site of the incident were taken, being Ex.P1 to P3; negatives whereof are Ex.P4 to P6. 6. At the hospital Prem was examined by Dr.Poonam Sehrawat who recorded the MLC Ex.PW-14/A and noted thereon a simple injury with a blunt object on the forehead and a deep lacerated wound on the left forearm with swelling of tendons on the body of Prem. Suspecting a fracture on the left hand of Prem, Dr.Poonam Sehrawat referred Prem to a radiologist whereupon Dr.Jyoti PW-5, after getting the left forearm of Prem X-rayed noted vide report Ex.PW-5/A that Prem had suffered a fracture of the left radal and left ulna. Dr.Poonam Sehrawat also examined Bali Ram and recorded MLC Ex.PW-14/B noting three injuries, on the forehead, lower limb and right side lower face on the body of Bali Ram. 7. Bali Ram succumbed to his injuries on 8.1.2004. At 2:45 a.m., Const. Vipin Kumar PW-8, duty constable at AIIMS informed Duty officer ASI Satbir Singh PW-11, about the death of the injured Bali Ram which was recorded vide DD Entry No. 30-A, Ex. PW11/A and the offence punishable under Section 302 was made a part of the FIR. 8. Acti