DEVI PRASHAD SHARMA Vs. STATE

JUDGEMENT

(1.) The three appellants Devi Prasad, Dwarka Prasad and Lalji have been convicted by the court of an Additional Sessions Judge, New Delhi for offence under Section 302/34 Indian Penal Code and all the three have been sentenced to imprisonment for life and a fine of Rs.5,000.00 each and in default of payment of fine further RI for six months each vide judgement of conviction and separate order of sentence dated the 10th October, 1990.

(2.) Briefly the prosecution case is that deceased R.N.Krishnan was working as Junior Accounts Officer at Nehru Place Telephone Exchange of Mahanagar Telephone Nigam Ltd. On the 17th November, 1987 at about 6.15 P.M. Inspector Niranjan Singh then SHO Police Station Kalkaji who was returning from the office of the Deputy Commissioner of Police and was going to Police Station Kalkaji on the way opposite Hemkunt Tower, near Private Bus Stand Nehru Place on Outer Ring Road noticed that one person was lying on road in injured condition and profusely bleeding. Some persons were also present. He got down from his vehicle and noticed three stab wounds one each on his neck, chin and abdomen. On his inquiry the injured pointed out towards Telephone Exchange building and on further inquiry he uttered the words "Bus chali Gai". The said SHO put the injured in his vehicle and took him to the All India Institute of Medical Sciences (AIIMS). On the way one Virender Bhasin who was operating chartered buses under the name of Asia Travel Buses met him and told that the deceased was a resident of Pushp Vihar and used to travel in his bus. The injured was admitted in the AIIMS. He was examined by Dr.S.Bal (P.W.23) and was declared as brought dead.

(3.) The SHO on the way on wireless had given information to his police station about this occurrence and instructed his staff to depute the Incharge Police Post, Nehru Place to reach the spot. The D.D. entry No.l8 was recorded at the police Post at 6.35 P.M. A copy of the D.D.entry was given to the Incharge, S.I. Dhir Singh Chaudhary who alongwith Head Constable Balbir Singh and Constable Satpal Singh reached the spot. Head Constable Balbir Singh was deputed to guard the scene of occurrence and he alongwith constable Satpal Singh went to AIIMS Hospital and from the MLC of the injured, he found that the injured had already died. No eye witnes met him there. He made his endorsement and sent the rukka through- constable Satpal Singh for registration of the case under Section 302 Indian Penal Code FIR No.492/87 was registered at Kalkaji Police Station at 8.40 P.M. The investigation was entrusted to S.I. Dhir Singh. From AIIMS SI Dhir Singh reached the spot but no eye witness met him there also. He took usual steps, picked up blood, blood stained earth, got photographed the scene of the occurrence, prepared site plan and recorded statements of some witnesses.