ANIL KUMAR GAUR @ TITU Vs. THE STATE OF NCT OF DELHI
LAWS(DLH)-2009-2-287
HIGH COURT OF DELHI
Decided on February 05,2009

Anil Kumar Gaur @ Titu Appellant
VERSUS
The State Of Nct Of Delhi Respondents

JUDGEMENT

Pradeep Nandrajog, J. - (1.) ON 19.04.2001 at 10.02 P.M. a DD Entry No. 29, Ex.PW -19/A, was recorded by Const.Dinesh to the effect that information has been received that a huge quantity of blood is spilling in a house bearing municipal No. C -101, Dayanand Colony, 1st floor, Delhi. This swung the police into action. SI Anant Kumar PW -19, accompanied by Const.Deep Chand PW -8 proceeded to the spot and reached the place of the occurrence. Simultaneously, another police officer, Inspector V.P.Singh PW - 23, the SHO of the local police station received a wireless message of the incident and he also reached the spot. At the spot, on learning that the injured had been removed to AIIMS Hospital, SI Anant Kumar accompanied by Const.Deep Chand proceeded to the hospital and on reaching there, learnt that Brij Naraian (hereinafter referred to as the Deceased) had been declared brought dead.
(2.) SINCE the deceased was declared brought dead at the hospital, his body was sent to the mortuary, where Dr. Arun Kumar Agnihotri conducted the post -mortem on 20.04.2001 and gave his report Ex.PW -13/A which recorded that 5 ante -mortem injuries were found on the person of the deceased; that the cause of the death was haemorrhagic shock due to cut throat injury No. 3 which was caused by a sharp edged weapon and was sufficient to cause death in the ordinary course of nature. At late night and spilling on to the early morning of the next day, investigation at the site of the occurrence of the offence was conducted. SI Bega Ram PW -4, from the crime team as also Brijbir Singh (Photographer) PW -7 and Vishram (Finger Print Expert) PW -10, reached the spot. 8 photographs, Ex.PW - 7/A1 to Ex.PW -7/A8; negatives whereof are Ex.PW -7/B1 to Ex.PW -7/B8, were taken. A glass tumbler Ex.PW -19/1, cup Ex.PW -19/2 and spectacle Ex.PW -19/3 lying at the spot were seized vide memo Ex.PW -19/C. Chance prints from the said articles were lifted. Blood samples from the spot were lifted vide memo Ex.PW -19/D. A blood stained knife Ex.PW -13/1 lying at the spot was seized vide memo Ex.PW -19/E. SI V.P. Singh PW -23, prepared the rough site plan Ex.PW -23/F. SI Anant Kumar PW -19, recorded the statement Ex.PW -1/A, of Arvind Kumar PW -1, who is a neighbour of the deceased and made an endorsement Ex.PW -19/B thereon and at around 11.50 PM handed over the same to Const.Deep Chand PW -8, for registration of a FIR. Deep Chand took Ex.PW -1/A to the police station and handed over the same to HC Virender Singh PW -6, who recorded the FIR Ex.PW -6/A on 20.04.2001.
(3.) IN his statement Ex.PW -1/A, Arvind Kumar stated that he resides on the ground floor of the property bearing Municipal No. C -101, Dayanand Colony, Lajpat Nagar IV, New Delhi. That the deceased used to reside on the first floor of the said property. That on 19.04.2001 at about 9.30 PM he was present in house when he heard the screams of the deceased. That he immediately came out and was about to climb the stairs to reach the house of the deceased when two boys whose clothes were stained with blood came down the stairs and told him that the deceased was vomiting blood. That when he reached the house of the deceased he saw that the clothes of the deceased were stained with blood; the deceased was staggering towards the balcony and blood was oozing from a wound on the neck. That he immediately came downstairs and saw that the said two boys were running towards the main road. That he screamed for help and followed them but the two boys who were aged 24 -25 years succeeded in running away. That one boy was wearing a white coloured shirt while the other was thin boy and had a stubble. That on hearing noises people gathered and removed the deceased, who was in an unconscious condition, to AIIMS hospital where he was declared brought dead. That he is confident that the deceased was murdered by the said two boys.;


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