STATE Vs. DEEPAK DONYAL

JUDGEMENT

(1.) CRIMINAL law was set into motion on 08.05.1993 at about 05.30 P.M. when HC Joginder Singh PW-14, recorded DD No.16, Ex.PW-11/A, that an unknown person had informed over the telephone of an incident of stabbing by knife having taken place in front of house bearing Municipal No.B-25, Sawal Nagar.

(2.) A copy of Ex.PW-11/A was handed over to Inspector Ram Kumar PW-11 who accompanied by Ct.Akhilesh Tyagi PW-8, went to the place in question where he met Krishan Kumar PW-1, who informed that his brother Rakesh Kumar (hereinafter referred to as the "Deceased") has been stabbed and removed to the hospital by his neighbours and that he had witnessed the incident. Inspector Ram Kumar recorded the statement Ex.PW-11/A of Krishan Kumar and made an endorsement Ex.PW-11/B thereon, and at around 07.00 P.M. forwarded the same to the police station through Ct.Akhilesh Tyagi PW-8, for registration of an FIR. Const. Akhilesh Tyagi took the endorsement Ex.PW-11/B to the police station and handed over the same to HC Joginder Singh PW-14, who recorded the FIR No.196/1993, Ex.PW- 8/A, at about 08.00 P.M. on 08.05.1993, as recorded in the entry Ex.PW-14/C made in the Roznamcha Register. Simultaneously with the registration of the FIR Ex.PW-8/A i.e. at about 08.00 P.M. on 08.05.1993 HC Joginder Singh handed over a copy of the FIR Ex.PW-8/A to Ct.Vinay Kumar PW-15, to be delivered to the Area Magistrate as recorded in the entry Ex.PW-15/A made in the Roznamcha Register. At about 12.05 A.M. on 09.05.1993 Ct.Vinay Kumar returned to the police station after delivering the copy of the FIR Ex.PW- 8/A at the residence of the Area Magistrate as recorded in the entry Ex.PW-15/B made in the Roznamcha Register. Be it noted here that an endorsement is made on the copy of the FIR Ex.PW-8/A delivered to the Area Magistrate records that the same was received by the Magistrate at his residence at about 06.00 A.M. on 09.05.1993.

(3.) IN the meantime, the crime team arrived at the place of occurrence and inspected the place of occurrence and prepared the report Ex.PW-11/N at about 08.20 P.M. on 08.05.1993 and relevant would it be to note that the crime team report has left blank the column pertaining to the FIR Number in respect whereof the crime team had visited the spot and also records that the INvestigating Officer is advised to record the statements of the eye witnesses.