GURMEET SINGH Vs. STATE

JUDGEMENT

(1.) Gurmeet Singh is convicted of the murder of his sister Kanwaljeet Kaur by inflicted head injury on her by a hammer. He assails the judgment on the ground that the FIR was registered belatedly after a period of two months, no blood was recovered on the hammer as per the seizure memo, however, strangely enough FSL report notes presence of blood on the hammer. The witnesses have stated that the deceased received injuries due to fall as told to them by the deceased. The learned Trial Court wrongly discarded the dying declaration. The injuries were compatible to that of fall.

(2.) The prosecution case rests on circumstantial evidence being initiated on a call received from wireless on May 28, 2011 at about 2.55 p.m. that an incident of quarrel had taken place at J-3/2, Rajouri Garden, near Bhandari Hospital vide DD No.26A at Ex PW-10/A.

(3.) SI Abhishek Verma, PW-12 went to the spot and came to know that the injured Kanwaljeet Kaur had been removed to DDU Hospital. She was found in unconscious state and was not fit for statement. Gurmeet Singh and Amreek Singh, brothers of the Kanwaljeet Kaur and Baljeet Singh and Tejender Mohan Singh, brothers-in-law of Kanwaljeet Kaur were present in the Hospital. On enquiries they told that Kanwaljeet Kaur had fallen from the stairs in the house. He went to the spot, took photographs and searched for an eye witness, however, found none. Thus DD entry was kept pending and the observations were recorded vide DD No.35A Ex.PW-12/A. On the same day at about 10.00 p.m. an information was received from DDU Hospital regarding the death of Kanwaljeet Kaur, dead body was preserved and the inquest proceedings conducted.