Raju v. The State(Govtof Nct)

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. April 02, 2009 mm

* IN THE HIGH COURT OF DELHI % Judgment reserved on : 30.03.2009 Judgment delivered on: 02.04.2009 + CRL.A. No.538/2008 RAJU …Appellant Through : Mr.P.S.Goindi, 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. Case of the prosecution is that PW-2 Yashveer, the brother of the deceased and PW-6 Kanwar Singh, the father of the deceased had witnessed appellant stabbing Hari Krishan in Gali No.3, Padam Nagar, Sarai Rohilla, Delhi and had fled. It was further the case of the prosecution that HC Satya Narain PW-10 and HC Rajender Prasad PW-17, on patrolling duty, had also chanced to see the appellant stabbing the deceased and in spite of being chased, had fled. 2. The date of the incident is 17.3.2005. The time is stated to be between 8:20 PM to 8:30 PM. 3. Information was received at the police station about a man being stabbed in Padam Nagar, Sarai Rohilla, which was recorded at 20.47 PM vide DD No.31A Ex.PW-3/A. SI R.B.Joshi accompanied by Const. Suresh left for the spot and learnt on reaching there that the injured had been removed to the hospital in a PCR Van. SI R.B. Joshi went to the hospital and learnt that the injured had been brought dead. He obtained a copy of the MLC Ex.PW-15/A of the deceased which records under the caption: NAME OF THE RELATIVE OR FRIEND : HC OM PRAKASH. It records that the injured was brought at the hospital i.e. Hindu Rao Hospital at 9.15 PM. SI R.B. Joshi went back to the spot where the deceased had been stabbed and met Kanwar Singh PW-6, the father of the deceased who made a statement Ex.PW-6/A informing that he was present in his house and his son Hari Krishan (the deceased) had left for some work and at around 8:30 PM somebody informed him that a boy was quarreling with his son in Gali No.3. Accompanied with his son Yashveer, he i.e. Kanwar Singh immediately proceeded towards Gali No.3 and on reaching there saw appellant who resides in House No.221/13, Gali No.8, Padam Nagar, assaulting his son with a knife. On seeing this, he cried for help. Two policemen responded to his cries. Raju fled. He was chased but managed to run away. Making an endorsement Ex.PW-20/A SI R.B. Joshi forwarded the statement to the police station at 11:00 PM so that an FIR could be registered. The FIR Ex.PW-8/A was registered at the police station at 11:15 PM. 4. As per the father of the deceased who claimed to be an eye-witness, his son was stabbed in Gali No.3 and had run towards his house which was on Gali No.2 and on the way his slipper had come loose. SI R.B. Joshi lifted a blood sample from street No.2, blood mixed earth and earth control from street No.2 as recorded in the seizure memo Ex.PW-3/D. Blood sample, blood mixed earth and earth control was also picked up from street No.3 as per seizure memo Ex.PW-3/B. The chappal recovered between street No.2 and 3 was seized vide seizure memo Ex.PW-3/C. Rough site plan Ex.PW-19/A was prepared by Inspector Daya Nand PW-19 who had also joined the investigation by then. 5. Appellant Raju was apprehended at 01:30 AM on 18.3.2005 i.e. in the intervening night of 17th and 18th March 2005, by HC Satnarayan and Const.Rajender and Inspector Daya Nand as recorded in the arrest memo Ex.PW-10/D. Personal search of the appellant was conducted as recorded in the memo Ex.PW-10/C. A knife was recovered from the appellant which was seized and after sketch Ex.PW-10/A thereof was prepared, was put inside a parcel on which the seal of "DN" was affixed and seizure memo Ex.PW-10/B was drawn. The shirt of the appellant stated to be stained with blood was seized vide seizure memo Ex.PW-10/G and sealed "DN" was affixed on the parcel prepared. 6. The dead body of Hari Krishan was sent to the mortuary wh