JAMIL Vs. STATE

JUDGEMENT

(1.) The case of the prosecution is that on 28.06.2003 Ct. Rohtash PW-12 and HC Subh Ram PW-28 were on patrolling duty near Ghata Masjid Service Road, Delhi. At about 7:25 AM when they were proceeding from Shantivan to-wards Rajghat on their motorcycle, they saw a three-wheeler scooter bearing No. DL 1RF 4379 moving towards Shantivan fr-trair Rajghat and simultaneously heard cries of 'bachao bachao' coming from the said TSR vehicle. They started chasing the TSR and during the chase saw a person being thrown out from the TSR when it reached near Urdu Academy. Const. Rohtash PW-12 left HC Subh Ram with the injured who was thrown out and continued the chase. He managed to stop the TSR near Shantivan and as the TSR came to a halt 3 persons got down and started to flee. A PCR van happened to be nearby. The police personnel therein being Const. Anil Kumar PW-2 and HC Vijender PW-3, as deposed to by the two, helped Const. Rohtash to chase and apprehend 1 out of the 3 persons in the TSR who dis-closed his name as Sudhir @ Sonu (appel-lant of Crl. Appeal No.258/2009).

(2.) The injured named Mamchand who was thrown out of the TSR in the meanwhile was taken to LNJP Hospital where he died within 15 to 20 minutes of being admitted as recorded on the MLC Ex.PW-13/A proved at the trial by Dr.Hanender Sahni PW-13 the doctor who had treated Mamchand re-cording on the MLC that the right wrist joint had a fracture and there were abrasions on the body.

(3.) A personnel in the PCR van informed PS Darya Ganj about the incident, where ASI Mool Chand PW-8 recorded DD N0.6A, Ex.PW-8/A, at 7:30 AM which was marked to SI Manmohan Kumar PW-30 who accom-panied by HC Krishna PW-23 proceeded to the segment of Ring Road between Shantivan and Rajghat and met Const. Rohtash and HC Subh Ram who handed over the appellant Sudhir @ Sonu to them. SI Manmohan Kumar recorded the state-ment Ex.PW-12/A of Const. Rohtash in which he disclosed the facts of the incident. On learning that the injured had been re-moved to LNJP Hospital SI Manmohan Kumar proceeded towards the hospital where at 8:05 AM the injured was declared dead. SI Manmohan Kumar collected the MLC Ex.PW-13/A of the injured who had died and after making an endorsement Ex.PW-30/A under the statement Ex.PW-12/A of Const. Rohtash, at 8:30 AM sent the same through HC Krishna Chand PW-23 for FIR to be registered.