PRADEEP KUMAR Vs. STATE

JUDGEMENT

(1.) INFORMATION was noted at 5:45 AM vide DD No.52-B at PS Alipur that a man has been injured with a phawra at J.B.Gupta Farmhouse, Bhaktawarpur Road.

(2.) ACCOMPANIED by Const.Surya Prakash, ASI Mohar Singh PW-9 left for the farmhouse and met none. HC Daya Chand PW-7 and Const.Ajit PW-8 from near a police picket informed him that the injured had been removed in the PCR van to Babu Jagjeevan Ram Hospital. He reached the hospital and found one Raj Kumar admitted in an injured condition and unfit for statement. He met one Sita Devi PW-14 and her minor son Om Prakash PW-11 at the hospital and he recorded statement Ex.PW-9/1 of Om Prakash as per which the appellant had assaulted the injured. Making the endorsement Ex.PW-9/2 on the statement Ex.PW-9/1 he sent a rukka through Const.Surya Prakash for FIR to be registered. Approximately at the same time the injured died. The body was sent to the mortuary.

(3.) FURTHER investigation at the spot was conducted jointly by ASI Mohar Singh and Inspector P.C.Jha. Returning to the spot i.e. J.B.Gupta Farmhouse they lifted a phawra, a blood stained mattress and a blood stained pant from a room in the farmhouse. Photographer was summoned who took photographs of the place. The Additional SHO prepared the site plan.