POONIT Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant puneet was convicted by the AddI. Sessions Judge, Delhi, under Section 302 Indian Penal Code and was sentenced to undergo imprisonment for life by his order dated 30th November 1981. Aggrieved by this order the convict has come in appeal.

(2.) Brief facts are that P.W. 8 Smt. Chander Kanta mother of the deceased Rakesh was residing in the house of her parents No. 7/207, Gita Colony, Gandhi Nagar, Delhi, along with the deceased and Sudhir Kumar P.W. 9 sons and one daughter. The appellant Puneet was also residing in the same colony in house No. 7/248 at the relevant time. It is said that the appellant was no friendly and visiting terms with the deceased. On 11th February 1980 at about 9.15 p.m. while Rakesh was lying on a cot wearing a Pajama Ex. P.1, under wear Ex. P-3, baniyan Ex. P-2 and sweater Ex. P-4 and while his brother Sudhir P.W. 9 was reading a book, the appellant Puneet is said to have knocked at their door. Rakesh opens the door and the accused is said to have told him to accompany him in connection with some urgent work. Deceased Rakesh is said to have accompanied him in those very clothes without putting on shoes. This created a suspicion in the mind of his mother Chander Kanta who is supposed to have followed the appellant and the deceased in the company of her son, Sudhir P.W. 9. It is said that immediately the appellant and the deceased reached near the crossing of blocks 6 and 7 at a distance of about 30 to 40 yards from the house of the deceased, Puneet started inflicting knife blows on Rakesh and stabbed him in the arm, chest, abdomen and back. Rakesh raised an alarm and fell down. Sudhir P.W. 9 attempted to rescue Rakesh but the accused is said to have tried to attack him and thereafter the accused escaped from the scene along with the knife. It is further said that immediately thereafter, a tempo driven by Gulshan Kumar P.W. 3 arrived on the scene and with the help of this tempo driver and two passersby P. Ws. Chander Kanta and Sudhir Kumar took the deceased to. J. P. N. Hospital where he was admitted at 9.35 p.m. on the same day and was examined by Dr. Ashok Kumar Bagga who prepared M.L.C. P.W. 14/ A. Information regarding admission of the injured in the hospital came to be transmitted to police station, Gandhi Nagar, by Duty Constable Balbir Singh and it was received by A.S.I. Bhagwat Singh P.W. 5 who made a report thereof at serial No. 22-A of the daily. diary Ex. P.W. 5/ A at about 9.55 p.m.. On receiving a copy of this daily diary S.I. Rama investigating officer goes to J. P. N. Hospital along with constable Ram Babu and constable Ram Darshan where he obtains M.L.C. Ext. PW 14/A of deceased Rakesh. Since the deceased was declared not fit for making a statement, the Sub-inspector could not record his statement. He is said to have met Chander Kanta in the hospital. He records her statement Ex. P.W. 8/A and after endorsing it under his endorsement Ex. P.W. 5/C he sent it to the police station for recording a F.I.R. This rukka was received by ASI Bhagwat Singh P.W. 5 at about 11.30 p.m. through constable Ram Darshan and a formal F.I.R. Ext. P.W. 5/E was recorded. The case was then sent to Ramanand S.I. for investigation. The investigating officer also is stated to have recorded the statement of P.W. 9 Sudhir Kumar brother of the deceased in the hospital and thereafter he came to the scene of occurrence along with Sudhir Kumar and found blood spread on a foothath in front of house No. 6/64, Gita Colony Delhi. He prepared site plan Ex. P.W. 15/A. Meanwhile the crime together with SHO arrived on the spot and photographs are taken by Satbir Singh P.W. 1. The photographs Ex. P.W. J/A and Ex. P.W. I B indicate the place where the blood was spread on the foot path. The investigating officer takes the sample blood from the scene in possession vide seizure memo Ex. P.W. 9/A in the presence of P.W. 9 Sudhir Kumar and constable Ram Babu P.W. 10 and secures the same. This was immediately deposited in the police Malkhana with head constable Mohan Singh P.W. 4 who made entry at serial No. 2291 of Malkhana register, copy marked MLC. P.W. 4/A. The deceased Rakesh is said to have died in the hospital at about 4.45 a.m. on 12,2.1980 and information regarding his death was transmitted by constable Balbir Singh P.W. 16 to the police station where it came to be recorded at serial No. 88-B, 5.10 a.m. copy thereof marked as Ex. P.W. 15/8. The prosecution case further is that while the investigating officer was insearch of accused a copy of this report was given to him and he immediately proceeded to mortuary where he prepared inquest report Ex. P.W. 12/G The dead body of Rakesh was identified by his maternal grand father Sobha Ram P.W. 2 and his brother Sudhir Kumar P.W. 9 and their statements in this regard marked Ex. P.W. 2/A, and Ex. P.W. 2/C were recorded. The investigating officer then sent the dead body for postmortem vide application Ex. P.W. 12/F. The postmortem was conducted by Dr. B. N. Reddy P.W. 12 at about 2 p.m. on 12.2.1980 and he listed as many as seventeen injuries on the person of the deceased. He found that injuries Nos. 2,4, 6 to 8 and 11 to 14 were operational and injuries Nos. 1, 3 and 5 according to him were causes by blunt object while injuries Nos. 9, 10, 15, 16 and 17 were opined to have been caused by a pointed penetrating single edged weapon. The doctor expressed the opinion that injuries Nos. 15 and 16 were sufficient to cause death in the ordinary course of nature. He also sent his post-mortem report which is now marked as Ex. P.W. 12/A together with which he also forwarded a gauze stained with blood of the deceased and a phial containing the blood of the deceased. On 13.2.1980 the investigating officer went to J. P. N. hospital where he obtained a sealed parcel containing clothes of the deceased which were seized vide seizure memo Ex. P.W. 10/A. The doctor on examination of the clothes of the deceased was of the opinion that the cut marks present on the under-shirt Ex. P-2 and sweater Ex. P. 4 were corresponding to the injuries Nos. 15, 16 and 17 found on the person of the deceased. Devinder Singh P.W. 7 prepared the site plan Ex. P.W. 7/A. The blood lifted from the spot with the seized blood of the deceased together with blood stained gauze, pajama Ex. P-I, under-shirt Ex. P-2, under wear Ex. P-3 and sweater Ex. P-4 were sent for the report of C.F.S.L.

(3.) At this stage we may also make a reference to the statement of the accused under Section 313 Criminal Procedure Code and see how he explains the circumstance appearing against him in evidence. The stand of the accused in respect of all the circumstances appearing against him in evidence is that of denial. He has, however, said that he knew the deceased and was friendly with him. According to him he was not present in Gita Colony at the time of alleged occurrence. He says that he knows nothing about this incident. The witnesses have been dubbed by him as false and interested. According to him one Nain Kanwal and his four brothers had trespassed into his house and had assaulted his parents some days prior to the occurrence and a case at their instance had been registered against them which they wanted to be withdrawn. Further says that he feels that he has been falsely implicated in this case at the instance of Nain Kanwal and his brothers. He has also led defence. D.W. 1 constable Amarjeet Singh of police station Gandhi Nagar bas proved a copy of F.I.R. 1497/ 79 Ex. D.W. 1/A and copy of F.I.R. 1495/78 Ex. D.W. 1/B has been registered at the instance of Parshotam Lal of Gita colony against one Kundan Lal and his brothers while F.I.R. Ex. D.W. 1/A I/B has been registered at the instance of one Inder Kumar of Gita Colony against deceased Rakesh, D.W. 2 Parshotam Lal has deposed that F.I.R. Ex. D.W. 1/A was got registered by him against Madan Lal and his brothers Satpa, Janki and Kamal and that the case against them is still pending. Admits that Madan Lal and his relations are in no way connected with deceased Rakesh.