AAS MOHD Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment dated 3.3.1999 the learned Trial Judge, in para 21 of the impugned decision, with reference to the evidence led has opined that following circumstances stand established:-

(2.) IT is apparent that the incriminating circumstances against the appellant would be: (a) proof of the fact that blood trail from where the dead body was found led up to House No.B-248, Gali No.2, Indra Vihar, Delhi where the appellant lived; (b) blood spots noted inside the house where the appellant lived and the door of the house as also wood piece Ex.P-1 lifted from the house on which human blood of the same group i.e. A as that of the deceased was detected; (c) knife Ex.P-3 on which human blood was detected being recovered pursuant to the disclosure statement made by the appellant and at his instance; and (d) shirt Ex.P-4 worn by the appellant when he was arrested being detected with human blood of the same group as that of the deceased.

(3.) :30 a.m. on 25th of June 1995 at police post Johripur under jurisdiction of P.S. Gokul Puri recording information that a dead body of a person was lying at the corner of the drain, near temple, Chaman Park, Indra Vihar, Delhi. As deposed to at the trial by HC Mangal Prasad PW-2 he was entrusted with copy of DD No.27, Ex.PW-2/A, and as he reached House No.B-71 Indra Vihar, in which Mustfa PW-1 resided he found a person lying dead in the street and he informed the SHO on wireless. As deposed to by Insp.Bharat Singh PW-8, the SHO, he reached the place of the crime accompanied by Ct.Raj Kumar PW-3 and by then, as deposed to by ASI Balwant Singh PW-5, while patrolling the area, even he reached the place of the crime. 4. Relevant would it be to note that all four i.e. HC Mangal Prasad PW-2, Insp.Bharat Singh PW-8, Ct.Raj Kumar PW-3 and ASI Balwant Singh PW-5 have deposed in sync with each other that from the place where the dead body was found they saw a trail of blood till House No.B-248 Indra Vihar in which appellant lived. But, whereas HC Mangal Prasad and Ct.Raj Kumar concluded their deposition by saying that they saw blood at the door of the house in which appellant lived, ASI Balwant Singh and Insp.Bharat Singh deposed that they saw blood spots inside the house as well.