LAWS(DLH)-2014-11-424

ANIL Vs. STATE

Decided On November 14, 2014
ANIL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) INVOLVEMENT of the local police leading to the registration of the FIR Ex.PW -2/A commenced when DD 31A was recorded at PS Neb Sarai at 12:55 in the middle of the night on November 16, 2009 that at Jhuggi No. D - 144, J.J.Camp a fight was taking place.

(2.) BEING handed over a copy of the DD entry, HC Umesh PW -5, accompanied by Ct.Akhilesh (not examined) left the police station and when he reached the spot he found that the jhuggi No. D -143 (not 144) was locked. He was told by people in the neighbourhood that there was a person inside. He informed Insp.Ram Singh PW -11 who reached the spot (D -143) and broke the lock and found inside dead body of a male whose name was disclosed as Vinod by the inhabitants of the slum cluster who had gathered at the spot. He summoned the crime team which took photographs of the scene of the crime. Seizing a mobile phone Ex.P -4 and a charger Ex.P -5 from inside the room, Insp.Ram Singh seized a small wooden plank Ex.P -1, the lock Ex.P -2 and wrote the endorsement Ex.PW -11/D beneath a copy of DD No. 31A. The body was seized and sent for post -mortem before the tehrir was dispatched. The tehrir was dispatched, as written thereon by Insp.Ram Singh, at 1:50 PM i.e. just in the early hours of the afternoon on November 16, 2009. The FIR was registered at 2:35 noon and entry made to said effect in the daily diary register vide DD No. 8A.

(3.) THE dead body was seized and sent for post -mortem to the mortuary of AIIMS where Dr.Manish Goyal conducted the post -mortem and authored the report Ex.PW -10/A, proved at the trial by Dr.T.Millo, PW -10 who claimed to have worked with Dr.Manish Goyal and familiar with his handwriting and signatures. The post -mortem report notes the following 13 ante -mortem injuries on the body of Vinod: -