MAHENDER Vs. STATE

JUDGEMENT

(1.) INFORMATION was received by PS Roop Nagar at 10:00 PM on 10.8.2000 that a person was lying unconscious near a lane across Shakti Nagar, Jain Mandir, Near Aggarwal Hospital. Additional SHO, Inspector Randhir Singh accompanied by SI Manoj Kumar and Const. Bhagat Singh went to the spot and at the spot met one Umrao Singh, a public witness who identified a dead body lying nearby as that of Balijour @ Panchi. He informed the police that accused Mahender had hit the deceased with brick blows and had run away from the spot.

(2.) THE statement Ex.PW-6/A of Umrao Singh was recorded and after making an endorsement thereon, was sent to the police station for registration of the FIR. Investigation at the spot was completed in the form of recovery of a brick; the alleged weapon of offence with which the appellant had inflicted blows on the deceased. Control earth, blood stained earth was also lifted vide memos Ex.PW-5/B to Ex.PW-5/E. The dead body was seized and sent for post-mortem. Dr. Jaiswal PW-27, conducted the post-mortem and recorded that the injuries on the person of the deceased were the result of being hit by a blunt object and that the injuries had affected the brain i.e. were craniocerebral injuries.

(3.) AFTER a few days an application Ex.PW-27/B was submitted to Dr. Jaiswal for an opinion whether the injuries could be caused by a brick. He opined vide Ex.PW-27/B that the injuries were possibly caused by a brick.