JOGINDER SINGH Vs. STATE

JUDGEMENT

(1.) HC Sunheri Singh In charge of PCR vehicle Victor-69' had stationed the vehicle at a spot near NDSC Part II when at around 10:10 PM on 20.6.1991 he received information that a quarrel had taken place at the jhuggi complex at Gautam Nagar. He relayed the information over the wireless to PS Defence Colony at which DD No.30 was recorded at the police station at 10:30 PM. Proceeding to the jhuggi complex, HC Sunheri Singh found two persons lying injured; namely, Om Prakash (hereinafter referred to the as the 'deceased') and Kailash (hereinafter referred to as the 'injured eye witness'), both of whom he removed to All India Institute of Medical Sciences where Om Prakash was declared brought dead and Kailash was admitted for treatment. In the meanwhile, SI Mahavir Singh, ASI Prem Chand and Const.Sultan Singh were deputed for inquiry with respect to DD No.30 and they reached the hospital. SI Mahavir collected the MIX Ex.PW-6/A of the deceased and the MLC Ex.PW-6/B of Kailash and since Kailash was certified fit for statement he recorded the statement Ex.PW-14/A of Kailash and made an endorsement Ex.PW-14/B thereunder and through Const.Sultan Singh got registered the FIR Ex.PW-13/A.

(2.) LET us briefly note the contents of the statement Ex.PW-14/A, which is the basis of the FIR. As per Kailash he was a resident of House No. 15, Sector II, R.K.Puram, New Delhi and at 9:30 PM, from South Extension side was proceeding to the house of Omi (the deceased) which was a jhuggi in Gautam Nagar as Omi was his friend. As he reached the jhuggi of one Itwari Pradhan from his meat shop, Vinod. whom he knew, abused him swearing in the name of his sister while enquiring where he was going. In view of the abuse he and Vinod had a verbal dual and Vinod gave 2/3 slaps to him. On reaching Omi's jhuggi he narrated the incident to Omi at which Omi accompanied him to lodge a complaint with Vinod and on reaching the shop of Vinod they saw Vinod sitting with two more persons. All three quarrelled with him and Omi. Vinod took out a churi and one out of the two persons took out a danda. Seeing this he and Omi ran towards the jhuggi of Omi and were chased by the three persons; 20/25 steps away the two persons caught him and one inflicted danda blows. Vinod inflicted injuries with a churi on his left arm and left buttock. Vinod inflicted churi blows on the person of Omi. I and Vinod fell down. Number of persons had witnessed the incident. Omi and myself were brought to the hospital in a police van. That he could recognize the two persons if brought before him who had participated in the crime with vinod.

(3.) THE three witnesses who deposed to as eye witnesses were, apart from Kailash, Sher Singh PW-3 and Parmanand PW-4.