- (1.)On 04.05.2011 at about 10.35 p.m. one Dharmender son of Sh.Jagdish admitted injured Rahul (PW3) in Dr.Hedgewar Arogya Sansthan, Karkardooma, Delhi in injured condition. Constable Mukesh Kumar posted at that hospital informed PS Farsh Bazar about the admission of injured Rahul in the hospital. SI Omvir Singh (PW8) reached the hospital, collected the MLC of the injured Rahul (PW3). PW3 was referred to Guru Tegh Bahadur hospital where he was again declared unfit for statement. An endorsement was made on DD No.34A Ex.PW8/B. On the basis of which an FIR No.116/2011 was registered for offence under Section 307 IPC.
(2.)On 11.5.2011, the injured was declared fit for statement and his statement was recorded by SI Omvir Singh (PW8). On the same day, Omvir Singh (PW8) received information that two juveniles namely Sonu and Sadaab had been arrested in case FIR no.139/2011 for offence under Section 392/34 IPC, PS Anand Vihar and had made disclosure statement regarding this case. With the permission of Juvenile Justice Board, they were interrogated and arrested in this case. PW3 had disclosed the names of all his assailants in his statement recorded by PW8 on 11.5.2011 and pursuant to that appellant was apprehended and arrested vide memo Ex.PW4/A and his personal search was conducted vide memo Ex.PW4/B. His disclosure statement Ex.PW4/C was recorded. Pursuant to his disclosure statement the appellant got recovered a knife lying below old clothes on the roof of the public latrine at D Block, NSA Colony. The length of the knife was found to be 28 cm. which included the handle of 16 cm and blade of 12 cm of length. Sketch of the knife Ex.PW4/D was prepared and it was sealed into a pulanda with a seal of CDS and was seized vide memo Ex.PW4/E. The seal was handed over to Constable Adesh. Pulandas which were seized from the hospital were sent to CFSL and the result was obtained and after completing the investigation the prosecution filed the challan in the court against the appellant being major and his co-accused were sent for trial to Juvenile Court.
(3.)Charge for the offence under Section 307 IPC was given to accused. He pleaded not guilty and claimed trial. The prosecution had produced nine witnesses. Statement of the appellant under Section 313 Cr.PC was also recorded. After hearing both the parties, learned trial court had reached to the conclusion that the prosecution has successfully proved its case against the appellant and had given the findings of guilty for the offence under Section 307/34 IPC against the appellant.