RADHEY SHYAM Vs. STATE

JUDGEMENT

(1.) On 1st February, 1982, Jai Parkash was posted as Duty Constable at Safdarjung Hospital, New Delhi. At about 4.20 P.M., he gave an information, on telephone, to the Police Post, Malviya Nagar, that one Smt. Kela wife of Ramesh Chand, has been admitted with burn injuries. This information was duly recorded at 4.29 P.M. in the daily diary by Cons- table Ram Tirath. Its correct copy is Ex. Public Witness -19/A. A copy of the report was immediately handed over to A.S.I. Ram Kishan, for investigation. Without losing any time, Ram Kishan alongwith Constable Bhagwan Singh went to Safdarjung Hospital. On enquiry, he was informed that the patient was in Ward No. 22. On reaching there, he gave an application Ex. Public Witness -9/A to the doctor on duty for permission to record the statement of Smt. Kela. Dr. Akhil Saxena made the endorsement "Patient is coherent and conscious to give statement". Underneath his signature, he mentioned the date and time as 5.10 P.M. on 1-2-1982. Ram Kishan immediately proceeded to record the statement of Smt. Kela which is Ex. Public Witness -9/B. It bears the signature of Smt. Kela. Underneath the said statement, he made the endorsement Ex. PW-9/C and sent the ruqa to the Police Station for registration of the case, through Constable Bhagwan Singh. The ruqa was sent at 5.45 P.M. Head Constable Brij Kishore was Duty Officer at Police Station Hauz Khas. On receipt of the ruqa with the endorsement of A. S.I. Ram Kishan, he recorded the formal F.I.R., copy of which is Ex. Public Witness -11/A. After registration of the case, the copy of the formal F.I.R. and the ruqa was sent back to the 1.0. for information and further investigation. He also took care to send the special report of this case to the Metropolitan Magistrate of the area. D.C.P. and the Additional Commissioner of Police through Public Witness -6 Constable Ramesh Kumar.

(2.) . As per the standing instruction, A.S.I. Ram Kishan took steps to get the statement of the injured recorded under Section 164 Criminal Procedure Code . He approached Shri S.M. Chopra, Metropolitan Magistrate, New Delhi, for this purpose and moved an application Ex. Public Witness -15/A before him. The learned Metropolitan Magistrate came to the hospital and recorded the statement Ex.PW-15/B of Smt. Kela, at about 8 P.M. in the presence of the doctor on duty. Thereafter, further investigation of this case was handed over to PW-20, S.I. Ajit Singh, who by that time had reached the hospital. Under the directions of the S.H.O., P.S. HauzKhas, Ajit Singh alongwith A.S.I. Ram Kishan and Constable Bhagwan Singh went to the spot, i.e. first floor of House No. 405, Chirag Delhi. Mother of Smt. Kela produced the clothes which were taken into possession vide memo, Ex.PW-1/A. The clothes were converted into sealed parcel. Pieces of clothes in addition to one burnt towel, earth from the floor which was smelling of kerosene oil were taken into possession vide Memo. Ex. Public Witness -1/B and separately converted into sealed parcels. The Crime team and the photographers were also summoned. The Sub-Inspector then prepared the site plan Ex. Public Witness -20/A at the pointing out of Smt. Kamla. On that very day, the Sub-Inspector deposited the case properly consisting of 4 sealed parcels in the Malkhana of Police Station, Hauz Khas. Its entry was duly made in the Malkhana Register by Public Witness -5, H.C. Sham Singh who was working a Moharrar, H.C. On the pointing out of the Sub-Inspector, Public Witness -14, Constable Harbhajan Singh took the photographs of the place of occurrence from various angles.

(3.) . After vigorous search, the Sub-Inspector was able to arrest the accused Radhey Sham on the next day from Chirag Delhi bus stand. His personal search memo. Ex. Public Witness -20/B was prepared. The recovered articles were deposited in the Malkhana vide entry No. 1021 on 17-2-1982. The case properly consisting of 5 sealed parcels alongwith the sample seal were sent to the office of the C.F.S.L. through Constable Ramesh Kumar. .These very parcels were received back from C.F.S.L. on 27-4-1982. Shyam Singh Constable had made the entires in the Malkhana Register.