KALLO PASSI Vs. STATE

JUDGEMENT

(1.) AT 8. 49 a. m. on 10. 11. 97 DD No. 2a, Ex. PW6/a, was recorded at Police Station Kirti Nagar recording that an information has been received that a dead body, in a burnt condition, is lying at DDA Park, Nehru Camp, behind central Warehouse, Lakar Mandi, Kirti Nagar.

(2.) S. I. Jitender Kumar PW-10, accompanied with Const. Verinder PW6, reached the spot where they found that a dead body in a burnt condition was lying on a heap of garbage and that smoke was coming out of the said garbage. Since no eye-witness was found present at the spot, SI Jitender kumar PW-10, made an endorsement ex. PW6/b, on DD Entry Ex. PW6/a and handed over the same to Const. Verinder pw-6, for registration of an FIR. FIR no. 495/97 Ex. PW-15/a, was registered at 10. 45 a. m. on 10. 11. 97.

(3.) THE dead body which was later identified as that of one Dharanath (hereinafter referred to as the "deceased" ). It was sent to the mortuary where Dr. Ashok Jaiswal pw12, conducted post-mortem at 1. 00 p. m. on 10. 11. 97 and gave his report Ex. PW12a, which records that the dead body was 80% burnt; that one incised stab wound of size 4. 5 cm x 1. 0 cm was found on the left side of the chest obliquely placed over left paracteral region, 16 cm below medial end of left clavicle, 7 cm from epigastric region at 1-2 O'clock position; that the said wound is ante-mortem in nature caused by a sharp-edged weapon and is sufficient in the ordinary course of nature to cause death; that the death is caused due to haemorrhagic shock consequent to the said wound.