SIKANDER Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Process of law was set into motion when on August 01, 2004 at 09:05 AM, DD No. 6, Ex. PW-5/A was recorded at Police Post Bhati Mines to the effect that wireless message has been received from the Police Control Room from lady Ct. Pushpa informing that a husband and a wife were quarrelling at Sanjay Colony, Near Gate of a Zoo in Bhati Mines. It may be highlighted that there is no zoological park at Bhati Mines but the Asola Wildlife Sanctuary extends till Bhati Mines.

(2.) As deposed to by SI Devender Yadav PW-7 and Ct. Ved Prakash PW-1, copy of DD No. 6 was handed over to SI Devender Yadav for inquiry and accompanied by HC Mahender Singh (not examined) and Ct. Ved Prakash, the trio reached Sanjay Colony, Bhati Mines.

(3.) It is the case of the prosecution that on reaching Sanjay Colony, Bhati Mines they went to the house of the appellant where he was residing with his wife Ganga Bai (the deceased) and their children and found Ganga Bai lying dead as a consequence of injuries caused by an axe. The brother of the deceased, Raja Ram PW-4 and the son of the deceased Diwan PW-2 being present at the spot. The kurta and pyjama Ex. P-2 and Ex. P-3 respectively worn by the appellant was found to be stained with blood. As per the prosecution, a crowd which had gathered had overpowered the appellant whose custody was handed over to the police team at the spot itself.