Gajraj v. State NCT of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. March 18, 2009 mm

* IN THE HIGH COURT OF DELHI % Judgment reserved on : 24.02.2009 Judgment delivered on: 18.03.2009 + CRL.A. No.461/2008 GAJRAJ …Appellant Through : Mr. Siddharth Luthra, Sr. Adv. with Mr. Amit Bhardwaj, Mr. Sunil Kumar and Mr. Mohd. Faraz 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? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. On 23.07.2005 at about 18.25 P.M. DD Entry No.31A, Ex.PW- 16/A, was recorded by the duty constable at Police Station Krishna Nagar that a dead body is lying in a house bearing Municipal No.F- 9/33, Krishna Nagar, opposite Swaran Cinema. 2. This swung the police into action. ASI Udai Pal Singh PW-16, accompanied with Const. Surender Pratap PW-15, reached the spot. Simultaneously, other police officers, namely SI Mohinder Singh PW-5 and Inspector B.S.Dahiya PW-25, who had also received the information, reached the spot. 3. A dead body, which was later identified as that of one Harish Kumar (hereinafter referred to as the "deceased"), having bullet wounds on the head and abdomen was found, lying on a cot, in a room on the first floor of the said house. 4. Since no eye-witness was found present at the spot, Inspector B.S.Dahiya PW-25, made an endorsement, Ex.PW-25/A, on the copy of the DD Entry Ex.PW-16/A, and forwarded the same through Const. Surender Pratap PW-15, to the police station for registration of an FIR. PW-15 took Ex.PW-25/A to the police station and handed over the same to HC Murari Lal PW-2, who recorded the FIR No.297/05, Ex.PW- 2/B. 5. At the spot, PW-25 prepared the site plan, Ex.PW-25/B, recording therein the place at point 'A' where the dead body was found. Blood was found staining the bed sheet which was spread on the cot where the dead body was lying. The said bed sheet was seized vide memo Ex.PW-25/C. Chance finger-prints were attempted to be lifted. (Vide report Ex.PW-5/A, PW-5 opined that no chance prints could be lifted from the spot.) 6. Const. Ompal Singh PW-6, from the crime team was summoned. 16 photographs, Ex.PW-6/1 to Ex.PW-6/16; negatives whereof are Ex.PW-6/17 to Ex.PW-6/32 were taken. 7. Since the deceased was found dead at the spot, his body was sent to the mortuary, Sabzi Mandi, where Dr.K.Goel PW-1, conducted the post-mortem on 24.07.05 and gave his report, Ex.PW-1/A, which records that two external injuries were found on the person of the deceased; that the cause of the death was haemorrhagic shock consequent to injuries to blood vessels and abdominal viscera with element of cranio cerebral damage as a result of fire arm injuries, which were rifled; that both injuries caused by a fire-arm, were individually and collectively sufficient to cause death in the ordinary course of nature. 8. PW-1 recovered one bullet each from the left temporal and abdominal region of the body of the deceased. The clothes worn by the deceased; his blood sample on a gauze and his viscera was preserved. After the post-mortem the same i.e. the two bullets, the blood stained clothes of the deceased, his blood sample on a gauze and his viscera were handed over by PW-1 to Inspector B.S.Dahiya PW-25, and the same were seized vide memo Ex.PW-28/A. 9. During the course of investigation, Minakshi PW-23, the wife of the deceased disclosed that the deceased was having a sum of Rs.3,00,000/-, a licensed revolver and a mobile phone having number 9871879824 with him when he left Chandigarh on the day he was found murdered in Delhi. Inspector B.S.Dahiya PW-25, made inquiries and learnt that the said mobile number was being used in a handset having IEMI No.35136304044030. PW-25 put the said IEMI number under surveillance. The surveillance revealed that the SIM card having number 9818480558, which number is registered in the name of the accused, is being used in the said h