ANAND KUMAR Vs. STATE

JUDGEMENT

(1.) THE case of the prosecution is that on the fateful evening of 1. 11. 1986 at about 8. 30 PM, Vakeel Ahmed, the complainant was returning after buying vegetables from vegetable market, Gokal Puri and when he reached the corner of park C Block, Gokalpuri, he saw six boys present at the back side of T. V. Centre. Four out of them, namely, the appellant Anand Kumar and the other co-accused Shyam Singh, Om Prakash and Pramood were having an altercation with Shankar, deceased and Mehboob (PW-6 ). He noticed shyam Singh exhorting others to teach a lesson to the deceased for his arrogance. On this, Om Prakash and Pramood caught hold of the deceased and the appellant took out a dagger tucked near his socks and inflicted three to four blows on the person of the deceased, as a result deceased fell down and all four of them run away. In the meanwhile, Constable Vinod Raj and one Head constable reached at the place of occurrence and he conveyed the information about the incident on telephone to the police station, which was recorded as DD no. 20a dated 1. 11. 1986 (Ex. PW 13/a ).

(2.) ON the receipt of copy of DD report, Devi Dayal SI (PW-13) reached at the place of occurrence and found the dead body of Shankar lying in a pool of blood. He recorded the statement of the complainant Ex. PW-7/b and sent it to the police station with his endorsement for the registration of the FIR and on the basis of the said complaint statement FIR u/s 302/34 IPC was registered. The Investigating Officer prepared the rough site plan, got the place of occurrence photographed from various angles, sent the dead body for postmortem and obtained the postmortem report.

(3.) ON 3. 11. 1986, SI Devi Dayal arrested all the four accused on the pointing of the complainant from Kardam Puri Garden. From the search of the appellant, the dagger (churri) allegedly used by him for stabbing the deceased was recovered. It was in a leather cover and had blood stains. Subsequently, from serological examination, it was found that the dagger had stains of human blood group `a' which was also the blood group of the deceased. It is further the case of the prosecution that the appellant also got recovered the blood stained clothes which he was wearing at the time of occurrence, which were also stated to have blood stains of the same blood group. The appellant and other three co-accused were sent for trial by the police. They were charged u/s 302/34 IPC. All of them pleaded innocence and claimed to be tried.