SANJEEV KUMAR Vs. STATE

JUDGEMENT

(1.) BELIEVING that Deepak PW-13 was an eye-witness to the incident and accepting his testimony as creditworthy; further finding strong incriminating circumstantial evidence through the percipient testimonial evidence of HC Ram Charan PW-10 and Ct.Jaipal PW-15, vide impugned judgment and order dated 5.9.1998, the appellant has been convicted for the offence of having murdered Brij Mohan @Bobby on 14.9.1995 at around 1:30/1:45 PM.

(2.) LET us note the facts leading to the registration of FIR Ex.PW-12/A (we find that on the FIR exhibit mark written is Ex.PW/A). Vide DD No.21 dated 14.9.1995, Ex.PW-8/A, duly proved at the trial through the testimony of its scribe Ct.Raj Kumar PW-8, at the police picket Trilokpuri it was recorded in the Daily Diary that pursuant to information flashed by the Police Control Room through Lady Constable Asha at 2:25 PM, it was informed that at Block No.36, Gurudwara Road, Trilokpuri a boy has been stabbed and the assailant has been apprehended in Block No.22, Trilokpuri by HC Ram Charan and police be sent. At about 2:45 PM, as recorded vide DD No.22, Ex.PW-8/B, proved at the trial by the scribe thereof, Ct.Raj Kumar PW-8, it was recorded that the Duty Constable at JPN Hospital had informed through wireless that one Brij Mohan S/o Jagdish Prasad was got admitted at the hospital in an injured condition by his brother Pramod Kumar and that the injured was declared brought dead.

(3.) IT be noted that Dr.M.S.Chopra has not been cross- examined with respect to his testimony and he having duly proved the MLC Ex.PW-16/A, has not been quizzed qua the said MLC.