OM PRAKASH Vs. STATE

JUDGEMENT

(1.) Shri Nishan Singh, Advocate (Public Witness -10) is a resident of 115-Bharat Nagar Delhi. On 22nd March, 1985 at about 8.30 or 8.45 P.M. while he was passing through the street just outside his house, he saw woman bleeding profusely from her left chest, lying on the ground in a pool of blood. There were large number of persons' collected there. Being a good hearted person, he performed his duty by informing the Police Control Room, which message was recorded by S.I. Ajaib Singh, Incharge, P.C.R. (PW-4). Ajaib Singh immediately informed the Police Station Ashok Vihar and also conveyed the message to the van on ambulance duty reached the spot and removed the injured to Hindu Rao Hospital, where Dr. P.K. Jain declared her "brought dead".

(2.) Public Witness -5 Head Constable Dhara Singh was the duty officer at police station Ashok Vihar and on receipt of the information from P.C.R., he recorded the D.D. Report Ex. Public Witness -5/A and banded over the same to S.I. Balwan Singh (Public Witness -19) for investigation. On receipt of this memo, Balwan Singh alongwith connables Mauji Garat and Kebar Dass reached the place of incident where he was informed that the injured had already been taken to the hospital in the ambulance van. On reaching the hospital, the S.I. obtained the M.L.C. of Phool Wati and recorded the statement of Surinder, son of the deceased. Underneath his statement, he made the endorsement Ex. Public Witness -5/A and gent the same through Constable Kehar Dass for registration of the case. He came back to the spot where S H.O. Yashvir Singh (PW-16) alongwith S I. Devi Dayal (Public Witness -18) was present. On the direction of the S.H.O. further investigation was banded over to Devi Dayal, S.I who completed the formalities of taking into possession the various articles lying nearby and despatched the dead body of Phool Wati for post-mortem examination through Public Witness -6 H.C. Avtar Singh.

(3.) The incident has been mentioned in minute details by Surinder in his statement Ex. Public Witness -2/A to the Police, and in court while appearing as Public Witness -2 Surinder alongwith his mother was residing in Jhuggi no. 121, Bharat Nagar, while his maternal uncles, namely, Om Prakash Chander Pal and Ram Phal (accussed in this case), and Nand Kishore were residing in the nearby houses. They had strained relations with his mother. Narrating the sequence of events leading to the death of his mother, he stated, that on 22nd March, 1985, at about 8.30 P.M, his mother was sitting alongwith his grand-mother (mother's mother) on a cot in front of house no. 149 belonging Ram Phal. In the meanwhile, Chander Bhan, accused came out of his jhuggi no. 120 and told his mother as to why she was sitting outside their house despite the fact that she had made false complaints against her brother Ram Phal to the Police. On this, there was exchange of hot words and on hearing the noise, 0m Parkash and Ram Phal also reached there. All the three then started using loose words and abusive language against his mother. He then asked his mother to go inside her jhuggi. While she was moving towards her jhuggi, accused Om Parkash exhorted his brothers to teach her alesson for making false complaints to the Police against Ram Phal. At that point of time and at the asking of Om Parkash, accussed, Ram Phal and Chander Bhan caught hold of his mother while Om Parkash gave a chhuri blow on her chest, as a result of which. Phool Wati cried and fell down on the ground. Hearing the shriks and seeing the blood oozing out of the wound, he became nervous, Somebody informed the Police and then within minutes, the police van came there and he, with the help of Police Constables, removed Phool Wati to the hospital where she was declared "brought dead".