DALIP KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Dalip Kumar, appellant in Crl. A. No. 690/2001 alongwith his three brothers Sanjeev Kumar, Rajesh Kumar, Ashok Kumar, the three appellants in Crl.A. No. 694/2001 were charged as under: "That on 13.5.1997 at about 8.45 p.m. in the lane No. 3 in front of Shop of Dr. V.P.S. Pawar, B Block, JJ. Colony within the jurisdiction of Police Station Inderpuri, you all in furtherance of your own common intention committed the murder by intentionally or knowingly causing the death of Bhim Sen and thereby you committed the offence punishable under Seclion 302 read with Section 34, IPC and within my cognizance. And I, hereby, direct that you all be tried by this Court on the aforesaid charge." Signed ASJ/N. Delhi 27.10.1998 Appellant pleaded not guilty and claimed trial.

(2.) Substance of the case of the prosecution against the appellant is that Johri Lal was a resident of house No. D 214,J.J. Colony, Inderpuri. The accused along with their father Sh. Hari Chand residing in the neighborhood at house No. D 218, JJ. Colony, Inderpuri. There was previous enmity between Hari Chand and his sons i.e. the appellants and the family of Johri Lal. On the date of the incident i.e. 13.5.1997, around 8.40 p.m. Johri Lal (PW 2) and his two sons namely, Bhim Sen (deceased) and Surinder (PW 3) were proceeding to attend a Jagran at house of Lakshmi Narain who resided in F Block, JJ. Colony, Inderpuri. Johri Lal and Surinder were walking a little ahead of Bhim Sen. When they crossed the clinic of Dr. V.P.S. Pawar on the main road of 'B' block market, Johri Lal and Surinder heard the cry of Bhim Sen "Pitaji Mujhe Maar Dala". They looked back and saw that the accused Rajesh, Ashok and Sanjeev (appellants in Crl.A. No. 694/2001) had caught hold of Bhim Sen. The fourth brother, accused Dalip was stabbing Bhim Sen with a knife. Johri Lal and Surinder ran towards Bhim Sen. The four accused fled away. Bhim Sen fell down on the ground. Somebody rang up the police control room, pursuant to which a PCR Van of which H.C. Sant Ram Sharma (PW 15) was the incharge reached the spot and took Bhim Sen to RML hospital. On the way, Bhim Sen, at the asking of HC Sant Ram Sharma told him that the accused Dalip had inflicted knife injuries on his person, while the accused Ashok, Rajesh and Sanjeev had caught him Johri Lal and Surinder also went to the hospital in a three-wheeler scooter. Bhim Sen was declared brought dead at the hospital. Dr. P.K. Dass (PW 4) had examined the deceased when brought to the hospital. P.S. Inderpuri also received information about the incident from the Police Control Room which was recorded vide DD No. 20 A. S.I. Joginder Singh PW 6 was deputed to make inquiry. He, accompanied by Coastable Narender (PW 10) reached the place of incident and learnt that the deceased had been removed to RML hospital. Constable Narender remained at the spot. S.I. Joginder Singh reached the hospital where he learnt that Bhim Sen had died. Johri Lal, met S.I. Joginder Singh in the hospital and gave his statement, recorded as Ex. PW 2/A which contained the narration of the incident. The duty constable at the hospital handed over to S.I. Joginder Singh the blood stained shirt and T-shirt of the deceased which was sealed with the seal of the hospital along with the sample seal, which was taken into possession vide memo Ex. PW 6/A. S.I. Joginder Singh came back to the place of the incident, made his endorsement on the statement of Johri Lal which he had recorded in the hospital and sent Constable Narender who had been earlier left at the spot for its protection to get the FIR Registered. The FIR was registered at about 11.45 p.m. at P.S. Inderpuri, being FIR. No. 134/1997. Constable Narender returned to the place of occurrence with a copy of the FIR and gave the same to S.I. Joginder Singh. Johri Lal and Surinder by this time also came to the site. S.I. Joginder Singh prepared site plan of the place of occurrence. Crime team was summoned. Site was photographed. At the site of the incident, S.I. Joginder Singh seized one Hawai Chappal, four shirt buttons, blood and earth control. These were sealed and seized vide memo prepared at the site and were deposited in the Malkhana. On 14.5.1997, the post-mortem was conducted and S.I. JoginderSingh conduced the inquest proceedings.Onepantand underwear and blood samples of the deceased were handed over by the Doctor to him which he sealed and seized. Dr. Arvind, PW 11 who conducted the post-mortem noticed as many as 10 injuries on the person of the deceased. Same are as under: "(i) incised wound was present on the dorsum of left index finger (defence wound) size 1 cm. x 0.2 cm. (ii) incised wound on left forearm 4 cm below left elbow size was 2 cm. x 0.5 cm. x 1 cm. deep, traversely placed. (iii) Stab wound on left side of front of neck 3 cm. below the angle of left mandible, size was 1 cm. x 0.5 cm. x 3cm. deep. The track was directed upwards and laterally, both the angles were acute. (iv) Stab wound spindle shaped present in left axilla, size was 1.5cm. long x 0.5cm. x 6cm. deep. The track was directed upwards and medially. (v) Stab wound spindle shaped present on left side of lateral wall of chest measuring 1.5. cm. x 0.5 cm. x 2.5 cm. deep, directed upwards and medially directed trace seen. Both the angles were acute.It was situated 12 cm. below and lateral to left nipple. (vi) Stab wound spindle shaped situated on abdomen 5 cm. below and lateral to umbilicous and 18cms. above symphysispubis. The size was 3 cm x2 cm x abdominal cavity deep. The track was directed upwards and medially both the angles were acute. (vii) Stab wound 3 cms. long x 1.5cm. x chest cavity deep 6cm. medial to left nipple and 2 cm. lateral to mid body line. (viii) Stab wound in right axilla size was 2 cm. x 0.2 cm. x 10 cm. deep, the track was directed upwards and medially both the angles were acute. (ix) Stab wound on the middle of right upper arm size was 1.5cm. x 0.5cm. x 11 cm. deep, the track was directed upwards both the angles were acute. (x) Incised wound presenton left temporal region of scalp 1cm. transversely placed size was 1 cm. x 0.3 cm. x muscle deep."

(3.) As per the post-mortem report, Ex. PW 11/A, all the injuries were ante mortem. Death was due to cardiogenic shock following stab injury. Injury No. 7 noted above was sufficient to cause death in the ordinary course of nature. All injuries were caused by sharp weapon of offence. Time since death was found to be about 19 hours. Further investigation was taken over by Inspector Y.K. Tyagi PW 19. On 15.5.1997, he received a secret information about the presence of accused Dalip at a tea shop in 'C' Block Inderpuri where he proceeded with other police officials and arrested accused Dalip. Accused Dalip made a disclosure statement and pursuant thereto got recovered from the bushes in Krishi Kunj, Todapur Road, the weapon of offence, being a knife Ex. P3. Recovery was effected in the presence of the police officials, father and brother of the deceased namely Sh. Johri Lal and Surinder respectively. At the instance of accused Dalip, his three brothers were arrested from the house on the same date i.e. 15.5.1997. After recovery of weapon of offence, a subsequent opinion being Ex.PW 11/B of the autopsy surgeon Dr. Arvind PW 11 was obtained who opined that all the injuries could be caused with the knife which was got recovered at the instance of the deceased.