(1.) WHEN examined under Section 313 Cr.P.C. the appellant responded to the last question: Why this case against you and why the P.Ws have deposed against you? By answering:-
(2.) THE appellant claims that two boys attacked him and his friend Jaswant (the deceased) and that he i.e. the appellant received injuries. Let us note at the outset the injuries detected on the person of the appellant. The same stand recorded on the MLC Ex.PW-23/A. The date recorded thereon is 5.2.2002. The time recorded is 2:35AM. The author of the MLC is Dr.Kamna and has been proved at the trial by Dr.Girish Shastri PW-23 who claimed to be conversant with the handwriting and signatures of Dr.Kamna. The injuries recorded on the MLC are: Fresh injury cï¿ 1/2 stitches in situ on Rt hand dorsum in first inter digital cleft. Injury of approx. 2cm in length. On the MLC it has been further recorded that a linear scar mark on the forehead right side and a scar mark above the elbow joint of left arm on medial side was detected.
(3.) IT assumes importance to note at the outset, with reference to the defence of the appellant, that there is no evidence of any doctor stitching the wound on the hand of the appellant. It further assumes importance to note that as per the prosecution the appellant was apprehended at the spot as he was detected committing the crime by Ct.Pramod Tyagi PW-8, Ct.Har Sikander Singh PW-9 and SI Babbar Bhan PW-13 at around 9PM on 4.2.2002. He remained in custody of the police and was medically examined on 5.2.2002 at 2:35AM. As deposed to by SI Sunder Singh PW-19, he took the appellant to Lady Harding Hospital for examination on the direction of Inspector Rajinder Singh PW-21, the Investigating Officer of the case, who summoned him to Tank Road (the place where the deceased was murdered) and that he reached the spot at around 1:10AM on 5.2.2002 and took the appellant to the hospital and brought the appellant back to the police station at around 3:45AM after having him medically examined. SI Sunder Singh PW-19 has categorically deposed when he took custody of the appellant, blood was oozing from the right hand of the appellant and the hand was bandaged.