SANJAY KUMAR Vs. STATE

JUDGEMENT

(1.) On 31st August, 2004, at about 7.30 p.m., a young girl barely 20 years of age named Suman was done to death in her own jhuggi, being jhuggi no.B-181, Sanjay Colony, Okhla Phase-II, New Delhi. The author of the crime was the accused Sanjay, who, as per the prosecution's case, stabbed the deceased Suman four times. The first two blows were administered on the neck of the deceased while the other two blows were received by the deceased on her arm which she held up to shield herself. The reason which impelled the accused Sanjay, who happened to be the cousin brother of the deceased, to do away with the deceased is stated to be the infamy brought by the deceased to the family on account of her illicit relationship with some boy.

(2.) The case of the prosecution as unfolded in the rukka recorded by PW24 SI Sandeep Ghai on the statement of the brother of the deceased PW1 Rajesh is as follows. On 31st August, 2004 at about 7.30 p.m. Rajesh, the brother of the deceased and Vinod, the cousin brother of the deceased were sitting on the roof of the house of Rajesh and were talking to each other regarding going to their native village as their grandfather had died at Nasirabad, when they heard cries of the deceased from the first floor "Bhaiya Bachao - Bhaiya Bachao". PW1 Rajesh ran to the first floor from the iron staircase and found that his cousin brother (tau's son), namely, Sanjay, who was residing in the adjoining jhuggi, was giving a knife blow to his sister Suman on her neck while shouting "Tu mere mana karne ke bavjud us ladke se milne se baaz nahi aa rahi hai aur hamare khandaan ki naak katva rahi hai. Tere bhai to kuch nahi kar rahe mein hi kuch karta hoon aur tera kam-tamam kar deta hoon." While saying so, he gave the second knife blow to the deceased. The deceased fell to the ground while shielding herself with her left arm. PW1 Rajesh on finding that his sister had fallen pounced upon Sanjay in an attempt to disarm him, whereupon Sanjay gave a blow on the neck of PW1 Rajesh and his shoulder saying: "Tum namard apni bahan ko nahi rok sakte ab saare kam muje hi karne padenge". After saying so, Sanjay ran down the iron staircase and while doing so was accosted by PW2 Rajkumar, the younger brother of the deceased, who finding his brother and sister drenched in blood gave chase. On the hue and cry created by PW2 Rajkumar, other persons of the colony joined in the chase resulting in the apprehension of Sanjay outside the gali. The crowd then administered beatings to the accused Sanjay. In the meanwhile, with the help of neighbours PW1 Rajesh alongwith PW2 Rajkumar took the deceased to the road outside the gali from where he gave a call to the PCR at No.100 and boarded a three-wheeler scooter which was passing by. The deceased was taken to AIIMS Hospital where the doctor declared her brought dead.

(3.) The aforesaid rukka (Ex.PW24/A), as noted above, was recorded by SI Sandeep Ghai (PW24) at the hospital and dispatched through Constable Gulab Singh (PW16) to Police Station Okhla at about 11.10 p.m., who got registered case FIR No.608/04 (Ex.PW 24/A) and returned back to the spot at about 1.20 a.m.