VIDYA SAGAR ANAND Vs. STATE

JUDGEMENT

(1.) ON 5.1.1990 at 12.02 PM information was received in Local Police Station Mandir Marg through Const. Usman Ali PW -2 that firing had taken place at Citizen Guest House. The said information was conveyed to the Addl. SHO as also to SI Satpal Yadav; it was reduced into writing vide D.D. No. 10A Ex.PW -16/A recorded by SI Bans Bahadur PW -16. Ex.PW -16/A was marked to SI S.P. Yadav PW - 17 who along with Inspector Dalbir Singh reached the spot. ASI Lajja Ram PW -1 and Const. Usman Ali PW -2 were already present there. Vidya Sagar the owner of the guest house had been apprehended. PW -1 was holding a revolver in his hand which he had snatched from the hand of the appellant Vidya Sagar. The injured Mohinder Singh was lying unconscious in a pool of blood and was breathing heavily but was not yet dead. On the direction of PW -17, PW -1 removed the injured to Ram Manohar Lohia (RML) hospital. The injured was medically examined at 12.15 PM vide MLC Ex.PW -18/A by Dr. Sanjeev Aggarwal PW -18. Patient was declared brought dead.

(2.) PW -17 and PW -2 also followed PW -1 and the injured to the hospital. Statement of PW -1 Ex.PW -1/A was recorded by PW -17. As per this statement PW -1 along with PW -2 was on "bandobast" duty and were proceeding towards Raja Bazar; at about 12.00 Noon when they reached in front of Citizen Guest House they heard sounds of a bullet being fired; PW -1 saw that Vidya Sagar owner of the guest house was attacking a person whose name later on was revealed as Mohinder Singh; PW -1 and PW -2 apprehended Vidya Sagar and the .32" bore revolver held by him in his right hand bearing No. 618450 was seized from him; up to this time appellant had already fired three bullets on the injured who was lying on the floor; H.C. Amar Singh PW -4 also reached the spot; PW -1 directed PW -2 to inform the SHO in the Police Station who reached the spot; on the direction of ASI Satpal Yadav the injured was removed to the hospital.

(3.) RETURNING to the spot, PW -17 summoned the crime team. 14 photographs of the scene of crime Ex.PW -8/A -1 to A -14, negatives of which are Ex.PW -1/B -1 to B -14 were taken by H.C. Man Mohan Singh PW -8. The rough site plan Ex.PW -17/B was prepared at the pointing out of PW -2. A blood smeared bullet was lifted from the spot vide memo Ex.PW -2/E; a blood smeared button was also lifted from the spot vide memo Ex.PW -2/D; blood stained earth and earth control were lifted vide memo Ex.PW -1/D. These exhibits were deposited in the Malkhana with Mohorar Malkhana H.C. Manohar Singh PW -14 on the same day.