LAXMI DEVI Vs. STATE

JUDGEMENT

(1.) Criminal law was set into motion, when on 05.03.1995, at about 08.30 PM HC Harinder Singh PW-18, who was on picket duty in Seelampur area was informed by a person that an incident of quarrel and stabbing had taken place near Valmiki Mandir, C-Block, Seelampur, upon which HC Harinder Singh proceeded to the said spot where he saw a person named Hari Shankar (hereinafter referred to as the deceased?) lying injured on the road and his father Ram Kumar bleeding from the head. HC Harinder Singh arranged a TSR and one Sansar Singh removed Ram Kumar and his son i.e. the deceased to GTB hospital in the said TSR. At that time, a bystander informed HC Harinder Singh that wife of Ram Kumar namely Shanti Devi was also injured in the incident in question and had already been removed to GTB hospital in a PCR van. HC Harinder Singh transmitted the aforesaid information through wireless to Police Station Seelam Pur where DD No.52B Ex.PW-21/DA was recorded; noting the aforesaid information. 2. Being handed over a copy of DD entry Ex.PW-21/DA, Const. Raj Kumar PW-14, Inspector Iqbal Mohd. PW-19, ASI Ramesh Chand PW-21 and SI Baldev Singh PW-22, proceeded to the spot where HC Harinder Singh informed them that the injured persons have already been removed to GTB hospital. Leaving HC Harinder Singh at the spot, the remaining police officers proceeded to the hospital where they learnt that the deceased had been declared brought dead as recorded in the MLC Ex.PW-24/B of the deceased. Be it noted here that the MLC Ex.PW-24/B of the deceased records that the deceased was brought to the hospital by one Sansar Singh. 3. Thereafter Inspector Iqbal Mohd. PW-19, collected the MLCs Ex.PW-24/D and Ex.PW-23/A of Ram Kumar, the father of the deceased and Shanti Devi, the mother of the deceased, respectively. The relevant portion of the MLC Ex.PW-23/A of Shanti Devi, the mother of the deceased, notes as under:- 1. CLW over scalp 5 cm x 0.5 cm

(2.) Incised wound (illegible) long over Rt arm

(3.) Incised wound 3 cm long over Rt forearm 4. Abrasion with contusion over Lt shin 5 cm long .. The kind of weapon used or poison (1 & 4) Blunt suspected in case of poisoning (2 & 3) Sharp Name of injuries Simple (Simple, Grievous, dangerous) 4. The relevant portion of the MLC Ex.PW-24/D of Ram Kumar, the father of the deceased, records as under:- Name of relative or friend B/by Sansar Singh s/o Itwari Lal, C-9, New Seelampur Delhi. . Injuries: 1. A penetrating injury in the Lt side of chest between Ant & Post axillary line in between 6th & 7th rib length - 4 - 5 cm : sucking wound 2. Bruise over forehead The kind of weapon used or poison 1. Sharp suspected in case of poisoning 2. Blunt 5. On 05.03.1995 at about 10.00 PM the doctor declared Ram Kumar PW-3, the father of the deceased to be fit to make a statement pursuant to which SI Baldev Singh PW-22, recorded the statement Ex.PW-3/A of Ram Kumar. The statement Ex.PW-3/A of Ram Kumar is in Devnagri script. Translated, it reads as under:-