SUNIL NAYAK Vs. STATE

JUDGEMENT

(1.) ON 8. 7. 2006, at about 9:34 PM information was received at the police control room, recorded in the entry form Ex. PW-3/a, noted by HC Dharampal PW-3, from the mobile number 9210325051 wherein Rohit pw-7 informed about a person having been shot at A-450 Shastri Nagar. HC Dharampal forwarded the said information to PS Sarai rohilla, where ASI Dhyan Singh PW-2, recorded DD No. 31/a, Ex. PW-2/a, at about 9:46pm.

(2.) ON receipt of copy of Ex. PW-2/a SI subhash Chand PW-24, along with HC Vijay pal PW-19 and Const. Sudhakaran, reached the spot. At the spot they met Raju PW-11, the brother of the person injured and SI subhash Chand recorded his statement ex. PW-11/a as per which Raju stated that at around 9. 20 PM, when his brother Murari with his friends Rohit and Monty and he i. e. Raju were standing in front of Ahuja Clinic, himanshu, who is also a resident of A Block, came on his motorcycle and threatened Murari that he would kill him. That Himanshu went away but returned after 5-10 minutes with other persons on motorcycles. These included ramesh Dudhia a resident of E-2 Block Shastri nagar, Shesh Bahadur Pandey a goon of bharat Nagar, and Fundy a resident of j. J. Colony, Wazirpur. That thereafter himanshu pointed out Murari to Ramesh dudhia, who, on being instigated by Pandey and Fundy, shot at Murari, with a country made pistol and thereafter all fled away. That rohit and Monty had removed his brother to paramarth Hospital in a TSR where after first aid given to him, in a PCR van his brother was removed to Hindu Rao Hospital. That Chintu i. e. Himanshu used to tease the girlfriend of his brother Murari.

(3.) ON being informed that the injured had been taken to Hindu Rao Hospital, leaving const. Sudhakaran at the spot, SI Subhash chand and HC Vijay Pal proceeded to Hindu rao Hospital where they learnt that the injured murari had died. SI Subhash Chand collected his MLC Ex. PW-30/a which recorded that murari was 'brought dead'. At the hospital itself, SI Subhash Chand made an endorsement Ex. PW-24/a on the statement ex. PW-2/a of Raju and handed the same to hc Vijay Pal for the registration of an FIR. HC vijay Pal returned to the police station and handed over the statement and the endorsement to ASI Dhyan Singh PW-2 who registered the FIR Ex. PW-2/b at 23:50 hrs.