HAMEED KHAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) ON 02.09.2008, at about 4.56 PM, Police Station Seema Puri received information with respect to quarrel and injury near fish market. The information was recorded vide DD No. 65B and its copy was handed over to ASI Harbhajan for necessary action. On receipt of the information, the aforesaid police officer reached the place of incident, opposite Khan Tailor near police booth, New Seema Puri. He found lot of blood on the road. The injured had already been taken to Guru Teg Bahadur Hospital by Police Control Room official. On reaching the hospital, the police officer obtained MLC of the injured Rajiv and Babar. Rajiv was unfit for statement, whereas Babar was fit for making a statement. In his statement, Babar Khan told the police officer that on the aforesaid date, he was purchasing fruit in New Seema Puri Market, whereas his brother Rajiv was parking his auto -rickshaw on the side of the road. The auto rickshaw of his brother accidentally hit a bicycle which led to a scuffle between his brother Rajiv and one Dilshad who was present on the shop of Khan Tailor at that time. He further stated that when he intervened, Naushad, brother of Dilshad, came out of the shop of Khan Tailor with a knife (Chhura) in his hand, whereas his father Hamid came out with a scissor in his hand. Hamid handed over the scissor to Dilshad. Naushad gave a blow at the neck of Rajiv using the knife for the purpose, whereas Dilshad struck his brother with the scissor he was carrying. He further stated that Hamid while handing over the scissor to Dilshad had asked him to kill them. He also claimed that when he tried to save his brother, Dilshad gave scissor blow on his back as a result of which he also sustained injures. Rajiv succumbed to his injures on the same date.

(2.) THIS is also the case of the prosecution that on receipt of a secret information that Hamid was present on the roundabout of old Seema Puri, police officers reached there and apprehended him at 9.00 PM. Dilshad, son of Hamid, reached the police station on the same date in injured condition and was arrested. The scissor used in causing injuries to Rajiv and Babar is alleged to have been got recovered by the appellant Dilshad from the roof of his house.

(3.) AFTER completion of investigation, all the three accused, i.e., Hamid, Naushad, Dilshad were charge -sheeted under Section 302 of IPC read with Section 34 thereof. Since the appellants are pleaded not guilty to the charges against them as many as 21 witnesses were examined by the prosecution to prove its case. One witness was examined in defence.