CHANDER BHAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) OUR task is simple. The appellant admitted being at the scene of the crime when police arrived, but claims to be falsely implicated. This is apparent from the answers given by the appellant when he was examined under Section 313 Cr.P.C. The 5th question put to him reads as under: "It is evidence against you that at about 12:30 or 12:45 mid night you were noticed jumping over the building of fire bridge with a brief case Ex.PW -10 in your hand by PW -24 Om Prakash Sharma. What have you to say?"

(2.) THE answer reads as under: - "It is incorrect. The fact is of 11:00 PM. I came out after taking ice from inside the quarters of Fire bridge. Ice is received after 11:00 PM. The ice which was used to be received 11:00 PM was used in filing the sides of the rehri of ice -cream. I took ice on that night. I filed the ice in the rehri and completed my job and noticed Om Prakash PW coming from inside of fire brigade quarters. My rehri was parked near gate of the fire brigade. When Om Prakash came out of the gate I enquired of him as to how he was coming from inside the fire brigade quarters. He narrated to me that he had a quarrel with Dinesh. He told me that he received knife injury and that he was coming from him. He told me that he was going to Azad Singh security officer. I also went along with him to Azad Singh. Azad Singh was living on the second floor of Gopal Dass Bhawan. Om Prakash went there and told him that he had quarrel with Dinesh, who had received knife injuries. Azad Singh told that Om Prakash and myself would go and see the condition of Dinesh. Then I and Om Prakash went there. I saw there that blood had oozed out and had coagulated. I touched Dinesh. He was unconscious. Then we returned. While in the passage we were outside the gate of fire brigade, we noticed Azad Singh coming from the side of Gopal Das Bhawan. Om Prakash told him that Dinesh had died. Then Azad Singh took both of us in his room at second floor of Gopal Das Bhawan. Azad Singh made me to sit there in his room. He told me that he was telling the police that Om Prakash had done murder in this manner. After crime, he came along with police. Shri Malhotra, SHO told me that inquiry was to be made from me. Then he took me near the dead body of Dinesh. He looked for quite some time there here and there. There was a small gutter (gadha). He asked me to see what was inside the gutter. It was cutting pieces of brick (rorhas). I removed the rorahas then a knife was noticed there. Shri Malhotra asked me to bring out the knife. I brought out the knife and handed over the same to Shri Malhotra. Thereafter I was taken to the police station. I was told there that I must sign some papers as a witness. He took my finger prints of hands and legs (foot) and my signatures were obtained on the said papers. Some blank papers were also got signed. Next day I was taken to the hospital. I was made to sit in a room at the hospital. A cotton of blood was brought. That cotton was rubbed on my hand. The blood which was rubbed on my hand was removed with the aid of blade. Then I was told that I would be taken to the court where judge would send back me to home. Then I was sent to jail. Since thereafter there is none to listen to me."

(3.) CASE set up by the prosecution against the appellant was that at 11.00 PM on 11.6.1992, Lakhan Singh PW -6, a security guard and Ct.Jagdish PW -7 had last seen the appellant and the deceased returning from Central Park, Connaught Place and proceeding towards Barakhamba Road and both were in a drunken condition. The two were earlier working at Gopal Dass Bhawan. Around 12:30 in the midnight, Om Prakash PW - 24, on duty as a Security In -charge of the building under construction called Gopal Das Bhawan situated on Barakhamba Road saw appellant with a briefcase in his hand jump over the wall of the Delhi Fire Station, Connaught Place (a complex near Barakhamba Road) and on being stopped and questioned as to what was he doing, appellant informed PW -24 that he had murdered the deceased Dinesh and requested to be allowed to flee. PW -24 took appellant, along with the briefcase, to Azad Singh PW -1, who was living on the second floor of Gopal Dass Bhawan (a building adjoining the Delhi Fire Station) which was under construction and informed everything to PW -1 who informed the police. Insp.V.K.Malhotra PW -23 reached the scene of the offence i.e. a room within the precincts of the fire station, where the dead body of Dinesh was lying in a pool of blood with the neck slit, and recorded the statement Ex.PW -23/A of PW -24 and sent the same for FIR to be registered at 2:45 AM, the time noted on the endorsement Ex.PW -23/B beneath the statement Ex.PW -23/A. As per the prosecution, the appellant made a disclosure statement to PW - 23 and pursuant thereto got recovered a knife on which human blood of the same group as that of the deceased was recovered and which knife was opined to be the possible weapon of offence. Insp.V.K.Malhotra saw blood on the hands of the appellant and thus sent him for medical examination and at the hospital, the doctor took nail clippings of his fingers, on which human blood of the same group as that of the deceased was detected.