STATE Vs. NARENDER BHATIA

JUDGEMENT

(1.) THE application is not opposed by the learned counsel for the respondent. For the reasons as stated in the application, the delay of 41 days in filing the leave to appeal is condoned.

(2.) THE application is accordingly allowed.

(3.) AS per the prosecution version, on 16.04.2006 DD No.37-A was recorded in Police Station Jahangir Puri at 11:35 P.M. to the effect that one Manjeet Singh @ Bunty (the deceased) son of Balvinder Singh has been found in an injured condition. The DD was assigned to SI Vijay Singh (PW-17) who then reached the hospital. He obtained the MLC No.19470 of earlier said Manjeet Singh from the doctor which revealed that he (the deceased) was admitted to the casualty in a gasping state with alleged history of assault. At the time of admission, the doctor noticed a CLW 2 cm x 1 cm over right chest. The injured was declared unfit to make the statement. In the meanwhile, it transpired that deceased had succumbed to his injury. One Daljeet Singh met PW-17 and made his statement to the SI Daljeet Singh (PW-3) and informed the IO that his elder brother Manjeet Singh was carrying on business of gota kinari in Sant Nagar. He was in love with one Sonia, sister of Narender Bhatia @ Nonu. He (Narender Bhatia the respondent herein) was opposed to the relationship. His deceased brother informed him a week prior to the incident that the respondent had extended him (the deceased) threat to stay away from Sonia or else he would lose his life. Daljeet Singh further informed PW- 17 that on that day, that is, on 16.04.2006 at about 10:45 P.M. he and his brother were standing near the small park in the street and were talking to each other; the respondent also reached there and called the deceased; the deceased went to him; there was an altercation between the two and all of a sudden the respondent took out a knife and caused injury on his chest. On raising alarm by the deceased, he (PW-3 Daljeet Singh) rushed towards the respondent. He (the respondent) escaped; his brother could not walk and so he sat down near house No.1670; he(PW-3) raised noise; some people got attracted on hearing the noise raised by him; some people collected there and proceeded to remove him to the hospital; he went to his house to collect money and to inform his family members about the incident.