KUTTU Vs. STATE

JUDGEMENT

(1.) IT all happened like this. HC Virender Singh PW-14 and Ct.Suresh Kumar PW-13, as deposed to by them were on beat duty in the area of Chitra Vihar within jurisdiction of PS Preet Vihar. At around 9:30 PM on 5.9.1995 they heard shouts from the Jhuggi Cluster nearby and this led them to the Jhuggi Cluster and they heard cries of a lady that Kuttu i.e. the appellant was fleeing after killing her husband. The two saw the appellant with a blood stained axe in hand and apprehended him. The lady who was crying was Kusum PW-4. As they went inside the Jhuggi they saw Gokul lying face down on the ground with injuries on the neck. Somebody informed the police control room and as deposed to by Lady Ct.Shashi PW-11 she noted said information and relayed the same to the police control room van as also to the local police station at around 10:10 PM. HC Revti Prasad PW-19 at PS Preet Vihar recorded DD No.18-A, Ex.PW- 11/A and handed over copy thereof to ASI Mamman Khan PW-21 who left for the spot accompanied by Ct.Kishan Dutt PW-5 and Ct.Suresh Kumar (not examined). In the meanwhile HC Gurdayal Singh PW-17, in-charge of the PCR van nearby on receiving information from the police control room rushed to the Jhuggi and removed Gokul to S.D.N.Hospital where Gokul was given medical treatment as recorded in the MLC Ex.PW-8/A showing his arrival at the hospital at 11:00 PM. By the time ASI Mamman Khan and the two police constables with him reached the spot, Insp.Raj Kumar PW-22, the Additional SHO of the police station who was patrolling in the area with Ct.Kishan Kumar (not examined), as deposed to by him, on receiving information of a person being killed and the assailant being apprehended at the spot, reached the Jhuggi Cluster and recorded the statement Ex.PW-4/A of Kusum. Making an endorsement Ex.PW-5/A beneath the same he sent Ct.Kishan Dutt PW-5 for FIR to be registered.

(2.) WE would highlight that in the endorsement Ex.PW- 5/A it has been recorded that the appellant had been apprehended at the spot as also a blood stained axe was recovered from him.

(3.) THE FSL report has opined that the blood group of the deceased was AB and that same blood group was detected on the dhoti of the appellant as also on the axe in question.