BRIJ MOHAN @ BIRJU Vs. STATE

JUDGEMENT

(1.) ON 7.3.1997 DD No. 95B Ex.PW -4/A was recorded that at A Block, New Seelampur near the Government Boys Middle School an unclaimed dead body was found lying. This DD was received in the local police station Seelampur at 6.25 AM and was handed over to SI Ram Avtar PW -22; armed with this information PW -22 along with Const. Satish Kumar PW -20 reached the spot. The dead body had blood on its forehead and on its left side; broken pieces of a half bottle of whisky and one half brick were also found lying near the body; dead body was identified by Ram Swaroop PW -2, uncle of the deceased vide memo Ex.PW -2/D and Ex.PW -2/E as that of one Amar Singh resident of A Block, New Seelampur. PW -22 made the endorsement Ex.PW -22/A on Ex.PW -4/A and through PW -20 it was sent to the local police station for the registration of the FIR. This was at 10.00 AM on 7.3.1997. FIR was registered under Section 302 of the IPC.

(2.) CONST . Ved Prakash PW -5, the photographer was summoned who took eight photographs of the scene of crime Ex.PW -5/9 to Ex.PW -5/16. From the spot earth control, the blood stained brick, broken pieces of the whisky bottle as also some hairs lying near the dead body were seized and sealed. Statement of witnesses Mahinder PW -8, Mintoo PW -9 and Rajinder PW -6 had revealed that the deceased Amar Singh had been last seen in the company of Kanwar Pal and Brij Mohan. The police party made a search for the aforestated persons but they were not traceable.

(3.) ON the same day i.e. on 8.3.1997 secret information was received that the accused persons would be coming towards the jhuggis at Calcatiya gate. At the pointing out of the secret informer the accused Kanwar Pal and Brij Mohan were apprehended and interrogated. Personal search of accused Kanwar Pal was conducted vide memo Ex.PW8/H; he made his disclosure statement Ex.PW -8/E; pursuant thereto accused Kanwar Pal got one green coloured polythene bag containing a pant and a shirt recovered from under the dari on which the accused persons were found sitting; the pant was of Badami colour and printed shirt was of black and yellow colour having blood stains on its left shoulder. The said articles were seized vide memo Ex.PW -8/A. The personal search memo of co -accused Brij Mohan is Ex.PW -8/G. He made a disclosure statement Ex.PW - 8/F; pursuant thereto accused Brij Mohan also got recovered a polythene bag of yellow colour containing a black coloured pant and a green coloured shirt which were also lying under the dari where the accused persons had been found sitting. These articles were taken into possession vide memo Ex.PW -8/B. These recoveries had been effected in the presence of Smt. Sukho PW -10. Site plan of the place of recovery Ex.PW -22/F was prepared. The place of occurrence i.e. A Block, New Seelampur was pointed out by the accused by respective memos; pointing out memo by accused Kanwar Pal is Ex.PW -8/C and the pointing out memo by accused Brij Mohan is Ex.PW -8/D.