Anil Kumar Gaur @ Titu v. The State NCT of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

February 05, 2009 mm

IN THE HIGH COURT OF DELHI Judgment reserved on : January 15, 2009 Judgment delivered on : February 05, 2009 CRL.A.303/2008 ANIL KUMAR GAUR @ TITU ..... Appellant Through: Mr. Jitender Kumar, Advocate with Mr. Ajay Kumar Rai, Advocate versus THE STATE OF NCT OF DELHI ..... Respondent Through: Mr. Pawan Sharma, Advocate CRL.A.405/2008 SANJAY SHARMA @ SANJU ..... Appellant Through: Mr. Anupan S.Sharma, Advocate versus THE STATE OF NCT OF DELHI ..... 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? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. On 19.04.2001 at 10.02 P.M. a DD Entry No.29, Ex.PW-19/A, was recorded by Const.Dinesh to the effect that information has been received that a huge quantity of blood is spilling in a house bearing municipal no.C-101, Dayanand Colony, 1st floor, Delhi. This swung the police into action. SI Anant Kumar PW-19, accompanied by Const.Deep Chand PW-8 proceeded to the spot and reached the place of the occurrence. Simultaneously, another police officer, Inspector V.P.Singh PW- 23, the SHO of the local police station received a wireless message of the incident and he also reached the spot. At the spot, on learning that the injured had been removed to AIIMS Hospital, SI Anant Kumar accompanied by Const.Deep Chand proceeded to the hospital and on reaching there, learnt that Brij Naraian (hereinafter referred to as the "Deceased") had been declared brought dead. 2. Since the deceased was declared brought dead at the hospital, his body was sent to the mortuary, where Dr.Arun Kumar Agnihotri conducted the post-mortem on 20.04.2001 and gave his report Ex.PW-13/A which recorded that 5 ante-mortem injuries were found on the person of the deceased; that the cause of the death was haemorrhagic shock due to cut throat injury No.3 which was caused by a sharp edged weapon and was sufficient to cause death in the ordinary course of nature. 3. At late night and spilling on to the early morning of the next day, investigation at the site of the occurrence of the offence was conducted. SI Bega Ram PW-4, from the crime team as also Brijbir Singh (Photographer) PW-7 and Vishram (Finger Print Expert) PW-10, reached the spot. 8 photographs, Ex.PW- 7/A1 to Ex.PW-7/A8; negatives whereof are Ex.PW-7/B1 to Ex.PW-7/B8, were taken. A glass tumbler Ex.PW-19/1, cup Ex.PW-19/2 and spectacle Ex.PW-19/3 lying at the spot were seized vide memo Ex.PW-19/C. Chance prints from the said articles were lifted. Blood samples from the spot were lifted vide memo Ex.PW-19/D. A blood stained knife Ex.PW-13/1 lying at the spot was seized vide memo Ex.PW-19/E. SI V.P. Singh PW-23, prepared the rough site plan Ex.PW-23/F. SI Anant Kumar PW-19, recorded the statement Ex.PW-1/A, of Arvind Kumar PW-1, who is a neighbour of the deceased and made an endorsement Ex.PW-19/B thereon and at around 11.50 PM handed over the same to Const.Deep Chand PW-8, for registration of a FIR. Deep Chand took Ex.PW-1/A to the police station and handed over the same to HC Virender Singh PW-6, who recorded the FIR Ex.PW-6/A on 20.04.2001. 4. In his statement Ex.PW-1/A, Arvind Kumar stated that he resides on the ground floor of the property bearing Municipal No.C-101, Dayanand Colony, Lajpat Nagar – IV, New Delhi. That the deceased used to reside on the first floor of the said property. That on 19.04.2001 at about 9.30 PM he was present in house when he heard the screams of the deceased. That he immediately came out and was about to climb the stairs to reach the house of the deceased when two boys whose clothes were stained with blood came down the stairs and told him that the deceased was vomiting blood. That when he reached the house of the deceased he saw that the clothes of the deceased were stained with blood; the deceased was staggering towards the b