Brijesh Kumar v. The State NCT of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

JANUARY 23, 2009 mm/vk

i.11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : January 23, 2009 + CRL.A. 38/2008 BRIJESH KUMAR ..... Appellant Through: Mr. Sanjay Sharma, Advocate versus THE STATE 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. (Oral) 1. Heard learned counsel for the parties. 2. At 11:50 AM on 7.8.2002 at P.S. Shahdara, DD Entry No.9-A, Ex.PW-14/A was recorded by the duty officer, ASI Poonam Tomar, to the effect that an information has been received from Const. Murari on telephone that at a shop B-50 near Harkishan Public School a person named Sonu has been shot at. Soon thereafter vide DD No.10-A, Ex.PW-14/B, recorded at 11:55 AM same information was received and recorded. 3. SI Rang Lal PW-23, accompanied by two police officers, one of whom was Const. Rambir PW-13, left for the spot where Sonu was stated to have been shot; as disclosed in the DD Entry, and on reaching the site of the occurrence learnt that the injured named Rajiv was removed to GTB Hospital. SI Rang Lal proceeded to GTB Hospital and in the meanwhile Const. Rajender PW-16, also reached soon thereafter along with a copy of DD No.10-A. 4. The injured was declared unfit for statement and hence his statement could not be recorded. 5. Evidenced by Ex.PW-1/A, the MLC of Rajiv Jain, he was admitted at GTB Hospital at 11:45 AM. As recorded in the MLC, he was brought by his brother Pradeep Jain PW-5. 6. PW-1 Dr. Pancho Lapcha examined the injured whose name was disclosed as Rajiv Jain and pertaining to the history of the injury recorded on Ex.PW-1/A:- "Alleged h/o gun shot injury, history given by brought by." He noted on the MLC that the patient was gasping and had an entry wound on the right chest in infraclaricular region and an exit wound on the right arm. He referred the injured for emergency surgery. Unfortunately, before any medical assistance could be rendered, Rajiv died at around 12:25 noon. 7. Const. Lakhbir, on duty at GTB Hospital informed the duty officer at the police station that Rajiv Jain had died, which information was recorded vide DD No.32-B at 1:15 P.M. 8. Since Sanjay Jain PW-2, the brother of the deceased, was at the hospital, SI Rang Lal recorded the statement, Ex.PW- 2/A, of Sanjay Jain and made an endorsement thereon, Ex.PW- 23/A, and forwarded the same to the police station for registration of a FIR. Ex.PW-2/A and the endorsement Ex.PW- 23/A were transmitted from the hospital to the police station by Const. Rajender PW-16, upon which PW-8 ASI Kishan Dutt, registered FIR Ex.PW-8/A at 2.25 PM. 9. In his statement Ex.PW-2/A, Sanjay informed that he was a resident of House No.B-95 Gali No.1, Jyoti Colony, Shahdara and that at House No.D-50, West Jyoti Nagar, Shahdara they had a shop, at the rear of which work of powder coating used to be conducted. That they were three brothers and all used to manage the shop and the work of powder coating. He stated that his brother Rajiv Jain @Sonu was at his seat in the retail shop and that he i.e. Sanjay was standing on a slab of the shop. The time was around 11:00 AM. A boy named Brijesh (accused) came there. That he knew Brijesh quite well as Brijesh was residing in the neighbourhood; two streets away and used to visit the shop for making purchases. He stated that Brijesh had a conversation with his brother and started abusing his brother, telling him that he i.e. his brother was defaming him in the locality and that today he would not spare his life. So stating, Brijesh took out a katta (country made pistol) and fired at his brother and fled. He i.e. Sanjay raised a hue and cry that his brother had been shot at and ran after the assailant. On hearing his cries, his younger brother Pradeep Jain and some workers doing po