PREM RAJ Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellant on being convicted for the offences punishable under Sections 302 IPC, 307 IPC and 323 IPC vide impugned judgment dated 30.11.1996 and consequent order on sentence of even date has preferred the present appeal.

(2.) BRIEFLY stated, the case of the prosecution is that on 17.8.1991 at around 9.00 pm, Sumer Chand, PW -1 was sitting on a cot outside his house at Madangir. The appellant is stated to have come there from a 'gali' and pushed PW -1, Sumer Chand. As a result thereof, he sustained injury. When Sumer Chand raised alarm, his son Daulat (hereinafter referred to as "the deceased") came and tried to rescue him. The appellant took the deceased to a side of the 'gali' and inflicted 2/3 knife blows on his person. On hearing the cries of the deceased, his mother Bhagwan Devi, PW -2 and his uncle Arjun, PW -3 came out of the house to rescue him. The appellant is stated to have stabbed Bhagwan Devi as well as Arjun and thereafter he fled away from the spot.

(3.) THE Investigating Officer, Shri Randhir Singh, S.I.(PW -19), met Sumer Chand (PW -1), Bhagwan Devi (PW -2) and Arjun (PW -3) in the hospital. Bhagwan Devi was declared unfit for statement. So, the Investigating Officer recorded the statement of Sumer Chand (PW -1) who narrated the above mentioned facts. Investigating Officer appended his endorsement on the statement of Sumer Chand and sent it to the police station for the registration of case and on the basis of the said statement, formal FIR was registered at Police Station Ambedkar Nagar, Delhi. Subsequent investigation was taken over by the SHO. He along with Randhir Singh, S.I. reached the spot of occurrence, which was got photographed. Blood stains from three places were taken into possession vide memo Ex.PW5/B.