RAMESHALIASMESHI Vs. STATE

JUDGEMENT

(1.) This appeal by Ramesh @ Meshi is directed against the judgment and order dated 26.4.93 of an Additional Sessions Judge whereby he was convicted under Section 302 Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine0 of Rs.500.00. In default of payment of fine he was to further undergo rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on 8.6.91 at about 1.20 P.M. information received from Control Room that HC Ram Kumar of PCR had informed that somebody had given knife blows to Naveen near B-11515 Raghubir Nagar, was recorded in DD No. 11 by Constable Rattan Chand Public Witness-14 and a copy thereof was made over to ASI Mahinder Singh Public Witness-20 for inquiry who along with Constable Ram Singh reached the said place. In the meantime, SI Ravinder Kumar Public Witness-22 along with ASI Gian Chand Public Witness-11 also reached the place. As Naveen, injured, was stated to have been removed to D.D.U.Hospital, Public Witness-22 along with Public Witness-11 left for that hospital leaving behind Public Witness-20 to guard the place of occurrence. In the hospital Public Witness-22 collected the MLC exhibit Public Witness-18/A of Naveen who was declared unfit for making statement vide endorsement exhibit Public Witness-18/B.Public Witness-2 Desh Raj, father of Naveen met Public Witness-22 in the hospital and he recorded his statement exhibit Public Witness2/A to the effect that he resides along with his family in House No.B-1/515(25 yards), Raghubir Nagar and sells fruit on a rehri to earn his livelihood. His son Naveen, aged 15 years runs a fruit juice shop in front of his house. Last evening Naveen had an altercation with Ramesh @ Meshi who had left holding out threat to him. That day around 1.00 P.M. when he came home to take meals, he found his son and Ramesh @ Meshi standing outside Anand Gas Service and in his presence uttering the words " Tu is mohalle ka dada banta hai main tujhe aaj nahin chhodunga'', Ramesh gave three knife blows to Naveen as a result whereof he sustained injuries on his head, hand and chest. On raising alarm by him Ramesh fled from the spot and the occurrence was witnessed by other persons also. After making endorsement exhibit Public Witness-22/A, this statement was sent by Public Witness-22 through Public Witness-11 to Police Station Rajouri Garden and on the basis thereof FIR No. 447/91 ( carbon copy exhibit Public Witness-13/A) was recorded against the accused. It is further alleged that Public Witness-22 came to the spot along with Public Witness-2 and on his pointing out he prepared the rough site plan exhibit Public Witness-22/B; Blood soaked earth and control earth were also lifted from the spoony Public Witness-22 and those were taken into possession after converting into two separate parcels and sealing vide memo exhibits Public Witness-20/A and Public Witness-20/B respectively. Naveen expired on 11.6.91 in the Ganga Ram Hospital. Public Witness-22 conducted the inquest proceedings vide exhibit Public Witness-22/C and sent the body of the deceased for postmortem along with inquest papers etc. Autopsy on the body of the deceased was conducted by Dr.L.T.Ramani Public Witness-3 and exhibit Public Witness-3/A is the post mortem report in the hand of Public Witness- 13. On 13.6.91, on receipt of secret information a raiding party was organized by Public Witness-22 and the accused was apprehended from near the bus stand of route No.857 in 'F' Block,Raghubir Nagar. Pursuant to the disclosure statement exhibit Public Witness-4/A accused got recovered a blade of scissors exhibit P-l from the dustbin near the cremation ground. He further got recovered yet another blade of the scissors alongwith boh exhibit P-2 and a safari suit exhibit P-3 from residence-cum-shop No.2 in 'D' Block Exhibit P-1 after preparing the sketch was taken into possession vide seizure memo exhibit Public Witness-4/D while exbit (P-2 was seized vide memo exhibit Public Witness-4/E. Safari suit exhibit P-3 was also taken into possession vide memo exhibit Public Witness-4/G after converting into a parcel and sealing with the seal of RK. It is stated that Public Witness-22 recorded the statements of the Public Witnesss besides getting the articles sent to CFSL for opinion. Exhibit Public Witnesss 17/A to C are die reports of CFSL. After completion of investigation chargesheet under Section 302 Indian Penal Code was filed against the accused by Inspector Rajinder Singh Public Witness-17.

(3.) In his statement under Section 313 Cr.P.C. plea taken by the accused is that he had gone to his native village Tanda in Punjab on 6.6.91 because of the illness of his father and was not. in Delhi on 8.6.91. On 12.6.91 he was arrested from Tanda by the police officials of PP Raghubir Nagar which also included one sardarji Head Constable and was brought to Delhi. He was forced by the police to sign some written and blank papers. Blades of scissors have been planted on him. Safari suit worn by him was taken into possession by the police. He has emphatically denied having assaulted Naveen with the blade of scissors exhibit P-l as alleged.