DAYA KISHAN Vs. STATE

JUDGEMENT

(1.) For the third time in succession within a span of 15 days, once again we find that the same Trial Judge has ignored relevant and material evidence. Gullibly, the eye witness account has been accepted. More than 30 citations have been noted, but the ratio of none has been culled out. Why have they been noted has not even been brought out. If the decisions were indeed cited, and if none was relevant, we expect brief reasons to be brought on record for ignoring the citations as being irrelevant.

(2.) We have repeatedly highlighted the uselessness of simply noting the decisions cited by learned counsel. With reference to appreciation of the testimony of eye witnesses we have highlighted that firstly, with reference to their statements recorded during investigation, improvements, improbability, exaggerations or embellishments projected, have to be noted and then to see whether the same pertains to an important aspect of a fact in issue and then the objection has to be dealt with and for said purpose, guidance can be had from past precedents. Indeed, every criminal trial unfolds its own story and strictly speaking there can be no precedent in a criminal trial.

(3.) In the instant case 3 eye witnesses have been cited; being Raj Bala PW-2, Gyanwati PW-3 and Prakashwati PW-5. All of them admittedly received injuries on 18.5.2002 i.e. the day when Baljeet was stabbed. All 4 i.e. Baljeet, Raj Bala, Gyanwati and Prakashwati were taken to Babu Jagjeewan Ram Memorial Hospital. The MLC Ex.PW-18/A of Baljeet records his being brought to the hospital at 11:35 AM by his nephew Sunder Lal (PW-8). He was declared brought dead at the hospital. The MLC Ex.PW-18/D of Raj Bala @ Pinki records her being brought to the hospital at 12:55 PM by Sanjeev Kumar (PW-20). It stands recorded in the MLC that Raj Bala had 3 injuries on her person, being a CLW each, on the left and the right side of the forehead, and a bruise on the right arm anterior aspect. The MLC Ex.PW-18/B of Gyanwati records her being brought to the hospital at 1:20 PM by Sanjeev Kumar (PW-20). It stands recorded in the MLC that Gyanwati had a solitary injury on her person, being a CLW on the scalp. The MLC Ex.PW-18/C of Prakashwati records her being brought to the hospital at 1:20 PM by Sanjeev Kumar (PW-20). It stands recorded in the MLC that Prakashwati had a solitary injury on her person, being an abrasion on the left cheek. The post-mortem report Ex.PW-9/A of Baljeet shows that a single stab wound was inflicted on the lower left side of the chest and the lower lobe of the left lung was pierced. The weapon of offence, a knife Ex.P-8, got recovered by juvenile co-accused Rahul has a blade length of 7.3 inches.