KISHAN @ BABLI Vs. STATE

JUDGEMENT

(1.) ON 24.06.2002 at about 9.00 A.M. a telephonic call was received by HC Ishwar Jan Rai PW -4, to the effect that two persons have been injured near Arun Hotel. Pursuant thereto, PW -4 rushed to the spot where he found two persons named Prabhu Dayal @ Kalu and Bhagat Ram in an injured condition. The said injured persons were immediately removed to Lady Hardinge Hospital for medical aid. Simultaneously, wireless information regarding the said incident was sent to the police station concerned pursuant to which, DD Entry No. 10 A, Ex.PW - 5/A, was recorded.

(2.) TAKING along with them a copy of DD No. 10 A, Const. Dheeraj Singh PW -5, Const. Vijender PW -8, SI Kamla Meena the SHO of the police station PW -15 and SI Arvind Kumar PW -16 went to the spot and on learning that the injured had been removed to Lady Hardinge Hospital, SI Kamla Meena accompanied by Const. Dheeraj proceeded to the hospital and on reaching there learnt that Prabhu Dayal @ Kalu (hereinafter referred to as the "Deceased") had been declared brought dead. The other injured person Bhagat Ram PW -3, was admitted in an injured condition and was fit for making a statement. SI Kamla Meena PW -15, recorded the statement Ex.PW -3/A of Bhagat Ram and made an endorsement Ex.PW -15/A thereon, and at around 11.00 A.M. handed over the same to Const. Dheeraj Singh PW -5, for registration of a FIR. Dheeraj Singh took Ex.PW -3/A to the police station and handed over the same to ASI Rajbir Singh PW - 1, who recorded the FIR No. 181/02, Ex.PW -1/A, at 11.20 A.M. on 24.06.2002. (A perusal of the trial court record reveals that two witnesses namely ASI Rajbir Singh and Inspector Usha Sharma have been numbered as PW -1). It may be noted here that Raju PW -2, was also at the hospital when the police reached there.

(3.) THE MLC of Bhagat Ram Ex.PW -14/A records that one injury 'CLW 3 cm X 1 cm' was noted on the right thigh.