SUNNY @ SACHIN Vs. STATE

JUDGEMENT

(1.) DD No.38A, Ex.PW -5/A was recorded at PS S.P.Badli at 10:47 PM on January 23, 2012 that one person was stabbed near Chowk Noor Anjal Hotel near SBI ATM and the assailant had been apprehended at the spot. Investigation was entrusted to HC Chander Singh PW -9. He proceeded to the spot accompanied by Ct.Munim PW -6, and on reaching the spot saw a crowd apprehending appellant whose custody was handed over by the crowd to HC Chander Singh. The injured named Lal Dev had already gone to Bharat Hospital. Therefore HC Chander Singh proceeded to Bharat Hospital where he met Lal Dev PW -1 who had already been examined by Dr.Vikrant Yadav PW -11 and had recorded on Lal Dev's MLC Ex.PW -11/A that there was bleeding resulting from facial simple laceration and from the nose. The length of the laceration was from the outer canthus of the right eye through the base of the right nostril. Collecting the MLC, HC Chander Singh recorded Lal Singh's statement Ex.PW -1/A at 4:40 AM and making an endorsement beneath the same got the FIR, Ex.PW -7/A, registered at 5:05 AM as recorded in DD No.7A, Ex.PW -7/C being its reflection on the endorsement beneath the statement Ex.PW -1/A.

(2.) Thereafter the formality of formally arresting the appellant, whose custody till now was with Ct.Munim was recorded as per arrest memo Ex.PW -1/C. Personal search resulted in recovery of a Samsung mobile phone Ex.P -2 and therefore reflected in the recovery memo Ex.PW -1/B that a Samsung make phone having IMEI No.359271039413442 was recovered as also currency notes totalling Rs.480/ - Ex.P -1 collectively. A button actuated knife Ex.P -3 was also recovered as recorded in the recovery memo Ex.PW -1/B. Its sketch Ex.PW -6/A was drawn.

(3.) In his statement Ex.PW -1/A Lal Dev disclosed that apart from the appellant there was another person, whose name was disclosed by the appellant in his disclosure statement Ex.PW -12/A as Rocky, who was also apprehended and named as a co -accused in the charge sheet filed, but was discharged by the learned Trial Judge for the reason during TIP proceedings he was not identified.