LAWS(DLH)-2010-1-39

PANKAJ BISWAS Vs. STATE

Decided On January 22, 2010
PANKAJ BISWAS Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Before proceeding to pen our decision in the above captioned appeals, we would be failing if we do not note that this is the 5th decision noted by us in the last ten working days; author whereof is Shri Narottam Kaushal, ASJ, Delhi, where on a reading of the decisions it has been brought out to us that the learned Trial Judge i.e. Shri Narottam Kaushal, ASJ, Delhi reproduces as the evidence proved by the prosecution by merely narrating facts from the charge-sheet, ignoring that the actual evidence is at variance.

(2.) In the instant case, with reference to the post-mortem report Ex.PW-5/A of the deceased Mr.P.R.Gupta as per which the deceased died on account of asphyxia as a result of strangulation by ligature, the learned Trial Judge Shri Narottam Kaushal ASJ Delhi, in para 8 of the decision, has recorded; to quote: "PW-2 has given eye-witness account of the occurrence, where one of the accused persons had gagged the mouth of the deceased was sitting over his chest and was pressing his neck" and has returned a finding that as per the testimony of PW-2 it stands proved that the deceased died as a result of the acts of one of the accused person.

(3.) We note that this reproduction of the alleged eye-witness account has been verbatim lifted from the charge-sheet and no-where is to be found in the deposition of PW-2, the wife of the deceased.