LAWS(DLH)-2009-4-20

AHMED ALI SARDAR Vs. STATE

Decided On April 06, 2009
AHMED ALI SARDAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The police swung into action on 15.05.2002 at 2104 hours when an unknown person informed SI Charat Singh PW-14, that a person named Vicky has been stabbed at old Chandrawal; that public persons had apprehended the offender and had left him at Police Post Majnu Ka Tila and that the injured has been removed to the hospital. Const. Chanderpal PW-2, recorded DD No.33A Ex.PW-2/A, noting, the said information.

(2.) ASI Rajeshwar PW-12, accompanied with SI Charat Singh PW-14 and Const. Prem PW-8, reached the spot. Simultaneously, another police officer named SI Sanjeev Kumar PW-17, also reached the spot. What happened thereafter is recorded in the endorsement (tehrir) made by SI Saneev Kumar PW-17, which reads as under: -

(3.) The endorsement afore-noted on basis whereof the FIR was registered was preceded by SI Sanjeev Kumar PW-17,recording the statement Ex.PW-3/A of Sugreev Kumar Yadav, the gist whereof is that he earns his livelihood by working as a rickshaw puller in Majnu Ka Tilla area. That on 15.05.2002 at around 8.30 P.M. when he was drinking tea at the tea shop of Shashi Yadav situated at Kale Khan Chowk he saw that an altercation had ensued between the deceased and the accused. That thereafter the accused had inflicted a knife blow in the middle of the chest of the deceased. That he had apprehended the accused with the help of some persons who had gathered and had brought the accused to the spot. That the deceased had been removed to the hospital in the TSR of Sudeshwar. That Shashi Yadav had also witnessed the said incident That he and Shashi Yadav had handed over possession of the blood stained knife possessed by the accused to the police. That the deceased was known to him prior to the incident as he also used to ply rickshaw in Majnu KaTila area.