RAJU Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) There is a cluster of jhuggis covering a vast area at Yamuna Pushta near the boat bridge, falling within the jurisdiction of Polic Station Kotwali. Raju, accused, is known as a tough of that locality. In the presence of a few persons, including Shri Bhola Yadav, the first informant, the accused is alleged to have stabbed Raju, deceased, at 8 P.M. on 4th November, 1983 at the back of jhuggi of one Tahir. PWs. Sher Ali and Dilawar removed the injured to J.P.N. Hospital in the cycle-rickshaw of Noor Aslam. At about 9.30 P.M., Balram Constable on duty at the Hospital telephonically informed the Duty Officer at the Police Station Kotwali that one unknown person said to have been injured in a knifing incident near the jhuggis situated at Yamuna Pushta, had been declared "brought dead" by the doctor. This information was incorporated as DD Report 31-B (Ex. PW-15/ A). Its copy was given to Shri O.P. Tiwari, SHO/lnspector of Police Station, Kotwali, who alongwith his staff reached the hospital. There he collected the O.P.D. card but found no witness to depose about the circumstances leading to the incident. He then came to the place of occurrence where, Bnola Yadav got rerded his statement giving the following facts:

(2.) It was stated by him that he was a native of Agra Fort, District Agra, U.P. and was residing in a jhuggi for the last more than 3 years. He was engaged in the repairing of cycle-rickshaws. On the date of the incident, he was present in his jhuggi. At about 8 P.M. he heard the noise of a quarrel On coming out of his jhuggi, be saw Raju accused holding a knife (chhuri) in his hand, threatening the deceased that on an earlier occasion, he (accused) was got stabbed by the deceased with the help of his companions and that "today" he would avenge the incident by taking his (deceased's)life. While saying so, the accused stabbed Raju deceased twice on the left side of his abdomen. On receipt of the knife blows. Raju (deceased) fell on the ground and the accused escaped towards the Yamuna bridge proclaiming that he would also see the companions of Raju By that time, according to Bhola, many persons of the jhuggis gathered. Sher Ali and Dilawar removed the injured to the J.P.N. Hospital in a cycle-rickshaw of Noor Aslam.

(3.) On the basis of his statement Ex. PW-3/A, the S.H.O. made his endorsement Ex. PW-18/B and sent the same to Police Station Kotwais through Constable Samad Ali for the registration of the case. Jatinder Kumar Sub-Inspector recorded the First Information Report Ex. PW-16-A and sent its copy alongwith the statement of Bhola Yadav to the S.H.O. for further investigation. Since the place of occurrence was a sandy area, he could not find any blood. However, at some distance, he recovered a pair of chappals, PW-1/1 and 2 and converted the same into sealed parcels and took them into possession vide Memo. Ex. PW-1/A. He prepared the site plan and recorded the statement of witnesses. On the same day, he prepared the inquest report, of the deceased and sent the body to the Mortuary for post-mortem. He had also taken into possession the blood-stained clothes of the deceased and those of Noor Aslam, vide Memo. Ex. PW-3/A. PW-4 Noor Aslam was the person who had put the injured in his cycle-rickshaw. On the same day, he set out to apprehead the accused. By about 10 P.M., the J.O. with the help of PW was able to spot the accused from across the Yamuna. The accused was overpowered. From his personal search, the dagger Ex. P-2 smeared with blood was recovered from the right dub of his pant. The weapon of offence was seized and after it was converted into sealed parcel was taken into possession vide memo. Ex. PW-2/A. After necessary investigation, the accused was charge-sheeted for the murder of Raju.