Kishan @ Babli v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

JANUARY 30, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : January 13, 2009 % Judgment delivered on : January 30, 2009 + CRL.A.65/2006 KISHAN @ BABLI ..... Appellant Through: Ms. Charu Verma, 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? Yes. 3. Whether judgment should be reported in Digest? Yes. : PRADEEP NANDRAJOG, J. 1. On 24.06.2002 at about 9.00 A.M. a telephonic call was received by HC Ishwar Jan Rai PW-4, to the effect that two persons have been injured near Arun Hotel. Pursuant thereto, PW-4 rushed to the spot where he found two persons named Prabhu Dayal @Kalu and Bhagat Ram in an injured condition. The said injured persons were immediately removed to Lady Hardinge Hospital for medical aid. Simultaneously, wireless information regarding the said incident was sent to the police station concerned pursuant to which, DD Entry No.10 A, Ex.PW- 5/A, was recorded. 2. Taking along with them a copy of DD No.10 A, Const.Dheeraj Singh PW-5, Const.Vijender PW-8, SI Kamla Meena the SHO of the police station PW-15 and SI Arvind Kumar PW-16 went to the spot and on learning that the injured had been removed to Lady Hardinge Hospital, SI Kamla Meena accompanied by Const. Dheeraj proceeded to the hospital and on reaching there learnt that Prabhu Dayal @ Kalu (hereinafter referred to as the "Deceased") had been declared brought dead. The other injured person Bhagat Ram PW-3, was admitted in an injured condition and was fit for making a statement. SI Kamla Meena PW-15, recorded the statement Ex.PW-3/A of Bhagat Ram and made an endorsement Ex.PW-15/A thereon, and at around 11.00 A.M. handed over the same to Const. Dheeraj Singh PW-5, for registration of a FIR. Dheeraj Singh took Ex.PW-3/A to the police station and handed over the same to ASI Rajbir Singh PW- 1, who recorded the FIR No.181/02, Ex.PW-1/A, at 11.20 A.M. on 24.06.2002. (A perusal of the trial court record reveals that two witnesses namely ASI Rajbir Singh and Inspector Usha Sharma have been numbered as PW-1). It may be noted here that Raju PW-2, was also at the hospital when the police reached there. 3. In his statement Ex.PW-3/A, Bhagat Ram stated that he is earning his livelihood by working as a rickshaw puller. That on 24.06.2002 at about 8.00 A.M., he along with the deceased who was his friend and Raju PW-2, who was the brother of the deceased were sitting near Govt. toilets, Arya Samaj Road, when Kishan @ Babli s/o Dayal Singh r/o 303-H, Bapa Nagar, Delhi (the accused) who was well-known to him came armed with an open knife and demanded money from the deceased for purchasing liquor. The deceased refused to give him money and asked him to depart, at which the accused got angry and said that the deceased had insulted him in front of everybody, and threatened to kill the deceased. That the accused gave a blow with a knife on the abdomen of the deceased at which the deceased fell on the ground. That when he i.e. Bhagat Ram and Raju tried to stop the accused, he gave a knife blow on the back of his i.e. Bhagat Ram's right thigh and ran away. That thereafter he informed the police about the incident over the phone at which a PCR van came to the spot and removed him and the deceased to Lady Hardinge Hospital where he learnt that the deceased had died. 4. The MLC of Bhagat Ram Ex.PW-14/A records that one injury 'CLW 3 cm X 1 cm' was noted on the right thigh. 5. Since the other injured Kalu was declared brought dead at the hospital, his body was sent to the mortuary where PW-6 Dr.Upender Kishore conducted the post-mortem on 25.06.2002 and gave his report Ex.PW-6/A which records the following external ante-mortem injuries:- "Incised stab wound of size 2.5 x 0.8 x 13 cm. Cavity deep well shaped present in the epigastric region just adjacent to mid line on right side place