ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) AS per the case of the prosecution, two boys of Sarvodaya Bal Vidyalaya, Madipur, Delhi; namely Anil (accused) and Ujala (deceased) students in the afternoon shift of the school, had a fight during the recess hours at around 4:15 p.m. - 4:30 p.m. on 27.5.2005. Having a verbal duel, both reached House No.446 Pocket-3 Paschim Puri New Delhi situated a little away from the school. A carpenter was working in front of the aforesaid house. All of a sudden, Anil picked up a rapi (chisel) and caused multiple stab injuries on Ujala and fled, but was chased by some students of the school. Since the students were shouting 'pakdo-pakdo' Ranjan PW-3 and Rajesh PW-4 who were also students of the same school got attracted by the noise and saw the accused running while being chased by other students. They joined the chase and succeeded in apprehending Anil, who was dutifully produced before the Vice Principal of the school, before whom, Anil made a confession that he had inflicted the injuries on the deceased.

(2.) THE police was informed of the incident at 4:10 p.m., which information was noted at the police station vide DD No.32 Ex.PW-19/A by HC Sudesh PW-19. A copy of the DD entry was handed over to Inspector Jarnail Singh PW-21, who reached the spot accompanied by Const. Rajesh PW-17, Since a PCR Van had arrived at the spot and had removed the injured to Maharaja Agrasen Hospital, Inspector Jamail Singh went to the hospital and collected the MLC Ex.PW-16/A of Ujala, which recorded that the injured was brought dead to the hospital. Inspector Jarnail Singh drew out a tehrir by making an endorsement Ex.PW-21/A on the aforesaid DD No.32 and handed it over to Const Rajesh PW-17 for an FIR to be registered.

(3.) INSPECTOR Lakhinder Singh learnt that the accused had been taken to Sarvodaya Bal Vidyalaya, Madipur. He went to the school and found the accused sitting in front of the principal's office wearing blood stained shoes. The accused was arrested. The pair of shoes Ex.P1 were seized vide seizure memo Ex.PW-5/C. He interrogated the accused and recorded his disclosure statement Ex.PW-18/D as per which, inter alia, the accused informed that he can lead the police to the place where he had thrown the rapi. Thereafter the accused led INSPECTOR Lakhinder Singh to House No.447 Pocket-3, Paschim Puri and pointed out the place where he threw the rapi Ex.P-2 which was recovered from the said spot and seized vide seizure memo Ex.PW-18/F. A sketch Ex.PW-18/E of the rapi was prepared by INSPECTOR Lakhinder Singh.