LAWS(DLH)-2014-2-104

BHUWAN CHAND Vs. NCT OF DELHI

Decided On February 18, 2014
Bhuwan Chand Appellant
V/S
NCT OF DELHI Respondents

JUDGEMENT

(1.) BHUWAN Chand (the appellant) questions the legality and correctness of a judgment dated 27.09.2002 of learned Addl. Sessions Judge in Sessions Case No. 4/2000 arising out of FIR No. 47/2000 PS K.M.Pur by which he was held guilty for committing offence punishable under Section 307 IPC. By an order dated 03.10.2002, he was awarded RI for three years with fine Rs.500/ -.

(2.) THE accusations, filtering out unnecessary details, which led to the trial of the appellant were that on 12.02.2000 at 09.30 P.M. near bus stop Kashmiri Market, East Kidwai Nagar, he voluntarily inflicted injuries to Kumud Kumar with a sharp edged weapon in an attempt to murder him. Daily Diary (DD) No. 18A (Ex.PW -11/A) was recorded at 10.06 P.M. on 12.02.2000 at PS K.M.Pur on getting information about a quarrel at bus stand near Kidwai Nagar Kashmiri Market. This DD was entrusted to SI Banwari Lal who with Const. Narender Kumar went to the spot. At 10.15 P.M. another Daily Diary (DD) No. 19A (Ex.PW -11/B) was recorded after getting information that some boys were stabbing an individual. The said DD was also sent to SI Banwari Lal. The Investigating Officer lodged First Information Report after recording victim Kumud Kumar 's statement (Ex.PW -3/A). He disclosed that Bhuwan Chand to whom he knew earlier inflicted injures on his head with a 'darati ' (meant to cut meat). His friend Hemant Joshi who intervened to rescue him sustained injuries on his right hand. During the course of investigation, statements of the witnesses conversant with the facts were recorded. The appellant was arrested and pursuant to the disclosure statement, jacket which he was wearing at the time of the incident was recovered. After completion of investigation, a charge -sheet was filed against the appellant in the Court. The prosecution examined eleven witnesses to establish his guilt. In his 313 statement, the appellant denied his complicity in the crime and alleged false implication. He denied his presence at the spot. After appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, convicted the appellant for the offence mentioned previously. Being aggrieved and dissatisfied, he has preferred the appeal.

(3.) THE occurrence took place at about 09.30 P.M. on 12.02.2000. Daily Diary (DD) No. 18A (Ex.PW -11/A) was recorded regarding the incident of quarrel at 10.06 P.M. and the investigation was assigned to SI Banwari Lal who with Const. Narender rushed to the spot. The injured persons had already been taken to hospital. Statement of the victim Kumud Kumar was recorded after seeking permission from the concerned doctor vide application (Ex.PW -11/E). The Investigating Officer sent the rukka for lodging the First Information Report at 11.15 P.M. There was no delay in lodging the report with the police. In the statement made to the police at the earliest opportunity, the complainant implicated Bhuwan Chand for inflicting injuries to him. He gave vivid description of the entire incident and disclosed as to how and under what circumstances multiple blows with a meat cutting weapon were inflicted on his head. He also disclosed that the assault was made due to an old enmity. Since the First Information Report was lodged in promptitude soon after the occurrence, there was least possibility of the complainant to concoct a false story to implicate the appellant. Early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding truth of the version. In the case of 'Jai Prakash Singh vs. State of Bihar & Anr. ', 2012 CRI.L.J. 2101, the Supreme Court held: