DWARKA PRASAD Vs. STATE

JUDGEMENT

(1.) CRIMINAL law was set into motion on June 05, 1996, at about 10.00 P.M. when, as alleged by the prosecution, two boys who were taking Subhash (,,deceased) in a TSR stopped at a PCR van stationed at Maujpur Chowk and informed HC Naresh Pal PW -15, the in -charge of the van that Subhash had been shot and requesting he be taken to a hospital. Accepting the request and while on the way to GTB Hospital, HC Naresh Pal transmitted the aforesaid information to Police Control Room, which in turn informed PS Seelampur, where the duty officer recorded DD No.55B Ex.PW -19/A, to the effect that a person has been shot at premises bearing Municipal No.G -62, H Block, Street No.3, Seelampur situated near Mauni Baba temple. The aforesaid DD entry was marked to SI Ram Avtar PW -19, for investigation who was already at GTB Hospital.

(2.) ON receiving a copy of the aforesaid DD entry, SI Ram Avtar made enquiries and learnt that the deceased has been declared dead at about 10.45 P.M. as recorded in the MLC Ex.PW -17/A of the deceased which notes that the deceased was brought to the hospital at 10.45 P.M. in a PCR van by HC Naresh. He met Devender Pal PW -2, the brother of the deceased and Vishnu PW -1, an acquaintance of the deceased, at the hospital who informed him that the deceased has been shot dead by accused Sanjay and his father accused Dwarka Parshad. SI Ram Avtar recorded the statement Ex.PW -2/B of Devender Pal and made an endorsement Ex.PW -19/B thereon, and at around 12.20 A.M. forwarded the same to the police station through Ct.Jai Singh PW -14, for registration of an FIR and ASI Vishnu Dutt PW -12 registered FIR No.324/1996, Ex.PW -12/A at 12.50 A.M. for an offence punishable under Section 302 IPC.

(3.) AFTER FIR was registered, SI Ram Avtar proceeded to the place of the incidence and lifted blood -stained earth and earth control from the spot as recorded in the memo Ex.PW - 1/A. He prepared the rough site plan Ex.PW -19/C and thereafter sent the body of the deceased to the mortuary for post -mortem and conducting investigation thereafter recorded the statement of Vishnu PW -1 and that of Daropti PW -4 during investigation. He recorded the statements of a few other persons on the issue of motive, i.e. Sunderlal PW -