RAJVIR Vs. STATE

JUDGEMENT

(1.) Machinery of law was put into motion when police post Wazirpur Industrial Area received a telephonic information at 10.15 P.M. on 10.4.1996 from Ct. Danvir (No. 1291/North) who was posted at Hindu Rao Hospital that one Chandreshwar S/o. Sh.Tale Singh R/o. N-18B/ 330 Chander Shekhar Azad Colony was admitted in a serious condition by one Rajvir Verma S/O Ram Lal, R/o Chander Shekhar Azad Colony. Report was recorded vide DD No. 26 (Ex. PW.8/A). Pursuant thereto S.I. Kapil Parashar (PW.8), incharge of the police post, accompanied by H.C. Rohtash Singh, Ct. Narinder and Ct. Swaraj left for Hindu Rao Hospital. On reaching the hospital they found 3 persons, Nirmal (PW.2), Gorakh (PW.4) and Chandreshwar (PW.5) admitted in injured condition. SI Kapil Parashar recorded statement of Gorakh (Ex. PW.3/A) and after making endorsement (Ex. PW.8/B) sent the Ruqqa to P.S. Ashok Vihar through Ct. Narinder for registration of FIR (Ex. PV/.3/A). [I may note that statement of Gorakh and FIR have both been exhibited as Ex. PW.3/ A]. Case was registered under Sections 307/34, IPC vide FIR No. 194/1996 dated 11.4.1996 at 12.10 in the night.

(2.) In his statement Ex. PW.3/A, Gorakh stated that he was a resident of jhuggi No. N-28B-337, Chancier Shekhar Azaci Colony and that he earned his living by selling readymade garments on a handcart. On 10.4.1996 at about 7.00 PM he was going towards Civil Lines area. He met Sonu (@ Rajvir), who resided in his neighbourhood. He enquired from him the whereabouts of his tenant Mohinder as he, i.e. Gorakh wanted employment for his uncle. At that, Sonu reported that he was not his servant and abused him. He told Sonu why was he abusing him. They had a verbal altercation. Sonu left stating that he would teach him a lesson. Sensing danger he i.e. Gorakh returned towards his house. Suddenly, Sonu and his friends which included Mohinder, Jagdamba and a bearded person came from behind and surrounded him. He ran to save himself but was caught by Mohinder in front of factory No. C-60/3. Sonu stabbed him in the stomach with a knife. On hearing his shrieks, his friends Nirmal and Chandreshwar came to the spot and asked why were they beating him. At that Sonu said why were they sympathysing with him. Sonu told them do you also want to go to heaven. So stating, Sonu stabbed Chandreshwar and Jagdamba caught hold of Nirmal and the bearded person stabbed Nirmal. After causing injury to them, the accused ran away. He, Nirmal and Chandreshwar took a rickshaw and went to S.L. Jain Hospital from where they were referred to Hindu Rao Hospital.

(3.) As per case of the prosecution, accused Sonu @ Rajbir and Mohinder were arrested on 11.4.1996. On interrogation Rajbir made a disclosure statement (Ex. PW.8/C) and got recovered a knife.