NEERAJ Vs. STATE (GNCTD)

JUDGEMENT

(1.) By this petition filed under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C.) the petitioner seeks bail in FIR No. 1130/2015 under Sec. 302/34 of IPC, at Police Station Nihal Vihar, Delhi.

(2.) The present case was registered at the instance of Mrs. Malti. The facts as ennumerated in the FIR are that on the occasion of Bhaiya Dooj, after attending her elder brother at Nihal Vihar and younger brother - Manoj at Vijay Laxmi Park, at about 8.00 PM when she reached at the house of Dharampal, she saw that the light of the room was off and TV was on. She opened the door and found the smell of liquor. She told her sister in law - Mamta about the darkness in the room, who called her husband Manoj. Her cousins Sanjay and Sanjeet came and entered the room and saw that her brother Dharampal was lying on the floor. They took Dharampal to private hospital Mansaram where the doctors told he is no more. Thereafter, they took Dharampal to Sanjay Gandhi Hospital, where the doctors declared HIM dead. When she returned to the plot, her statement was recorded in which she stated that someone had killed her brother and requested for legal action.

(3.) During the investigation, post mortem was conducted and MLC 21802/15 of the deceased Dharam Pal was obtained wherein the case history written by the doctor was that the deceased was brought to casualty in unconscious state, ECG showed straight line declaring brought dead and shifted to mortuary for PME. No eye witness was found in the hospital. From the statement of the complainant, inspection of the spot, body of deceased and MLC, the offence was found to be under Sec. 302 of IPC. Site plan was prepared, blood gauge and blood stained earth were taken from the spot. On 16.11.2015, the petitioner - Neeraj and Sonu were apprehended, who were identified by Sanjay and stated that on 111.2015 in the evening at about 6 PM they alongwith one other associate were sitting near the press spot. In the disclosure statement, petitioner told that he is habitual of taking smack and ganja and also admitted that when he entered the room for consuming drugs, Dharampal awoke who was sleeping over there. Since Dharampal knew him, therefore they had no other option but to kill him. Likewise, the other co-accused Sonu also admitted the version of the petitioner herein in commission of the crime. Both the accused persons were arrested. Recovery of iron rod was effected from accused Sonu from open plot in the street of incident, who hit it on the head of Dharampal. Third accused Hoshiar Singh @ Vikki (JCL) was also apprehended and admitted to the crime. After completion of investigation, the charge sheet was filed.