NIWAS @ PATEL Vs. STATE

JUDGEMENT

(1.) IT was exact midnight i.e. 00:00 Hours of the intervening night of 28th February 2001 and 1st March 2001. It was 12:00 midnight. Gian Prakash PW -3 along with his friend Jyoti Prakash (hereinafter referred to as the 'Deceased') were proceeding to Mandir Kali Mata, Sainik Vihar. They were on a motor -cycle. Gian Prakash was driving the motor -cycle. Jyoti Prakash was on the pillion seat. The colony Sainik Vihar was barricaded by the residents i.e. as is usually seen in the colonies in Delhi, for security purposes, gates with barricades, were installed/erected by the residents. Gate No. 2 was one such gate at Sainik Vihar and during the night was manned by Anil Tiwari PW -4, employed as a chowkidar by the Delhi Sainik House Building Cooperative Society i.e. the society which had developed the colony Sainik Vihar. Gian Prakash entered the colony through the gate and unfortunately for him and the deceased, at the same time, a white coloured Fiat car was rashly reversed at the gate itself. The car nearly hit the motor - cycle. Gian Prakash and Jyoti Prakash lost balance and fell down from the motor -cycle. A verbal quarrel ensued between the occupants of the car, being four in number, and Gian Prakash and Jyoti Prakash. Gian Prakash left the spot to report the accident to the police and proceeded to the police picket Rani Bagh attached to PS Saraswati Vihar as the said police picket was nearby. He reported the accident at the police picket, which information was noted in DD No. 41, Ex.PW -41/A at 12:20 in the midnight.

(2.) SI Nipun Kumar PW -41, Const. Lokender Singh PW - 22, Const. Devender PW -14 and Const.Ajay Singh PW -38 left the police picket in the company of Gian Prakash and proceeded to gate No. 2 Sainik Vihar. When they reached gate No. 2 they found that Const. Sunil and Const. Balwan PW -35 were already at gate No. 2 Sainik Vihar for the reason they had left the police station Saraswati Vihar for night picket duty and proceeding to the picket where they had to be on duty, had to cross gate No. 2 Sainik Vihar. Jyoti Prakash was found lying on the road with blood oozing from his ear.

(3.) AT the hospital i.e. Jaipur Golden Hospital the doctor on duty declared Jyoti Prakash brought dead as per MLC Ex.PW -33/A. SI Nipun Kumar obtained a copy of the MLC of Jyoti Prakash and recorded the statement Ex.PW -3/A of Gian Prakash in which he stated that he was driving his bullet motor -cycle No. DEW 9238 with his friend Jyoti Prakash on the pillion seat and they were going to Kali Mata Mandir. At 12:00 in the night he reached gate No. 2 Sainik Vihar near Punjab National Bank when a white coloured Fiat car reversed in a rash manner nearly banging into his motor -cycle due to which he lost balance and the motorcycle fell. He rebuked the driver of the car. At which, two out of the four persons in the car who were sitting on the front seat came out of the car and a minor physical quarrel (jostling) ensued between them. He told the chowkidar at the gate, whose name he later on learnt was Anil Tiwari, to see that the car remains stationed at the spot till he summoned the police. He reached police picket Rani Bagh on his motor -cycle. When he returned to the spot in the company of the police he saw his friend Jyoti Prakash lying smeared with blood on the road. Blood was oozing from his ear. The chowkidar informed that the four boys in the car attempted to drive away at which his friend prevented them from fleeing and hence they shot his friend and drove away towards Mangolpuri. SI Nipun Kumar made an endorsement Ex.PW - 41/B on the statement Ex.PW -3/A and dispatched the same for FIR to be registered at 3:00 AM, a fact so recorded in the endorsement Ex.PW -41/B. At the police station FIR Ex.PW -17/B was registered for an offence punishable under Section 302/34 IPC.