Pradeep Nandrajog, J.

1. Criminal law was set into motion when at around 10:45 PM on June 15, 2011, an entry was made in the PCR form Ex.PW-8/A to the effect that one Noor Jahan has informed over telephone that a quarrel and stabbing by knives is taking place near Shivaji Stadium opposite Rivoli Cinema. The aforesaid information was flashed to Police Station Connaught Place where HC Ashok Kumar recorded DD No.37A, Ex.PW- 7/A, noting the aforesaid information.

2. Two PCR vans Nos.V-26 and C-8 present near the spot i.e. pavement opposite Rivoli Cinema also picked up the wireless message flashed and proceeded to the spot. On reaching the spot the PCR officials found two male persons viz. Tatiya (deceased) and Rohit PW-12 and one female Lachhi PW-4, lying injured. PCR Van No.V-26 removed Lachi to RML Hospital and PCR Van No.C-8 removed Tatiya and Rohit PW-12, to RML Hospital. Part-II of PCR Form Ex.PW-8/A, contains recordings with respect to removal of (three) injured persons to RML Hospital by PCR van No.V-26, the relevant portion whereof reads as under:-

“DCR No. Received 65

Report Received from VAN BEGGARS KA QUARREL HAI HAMARI GADI PAR BHI PATHAR MAR RAHE HAI 15/06/2011 22:59:28 EK LADY INJ HAI HOSP LAI JA RAHE HAI EK KO CHAKU LAGA HAI JO PAHLA HI RML HOSP JA CHUKA HAI 15/06/2010 23:32:29 LADY KO HOSH MAI D/CT RML HOSP KAI H/O KIYA 15/06/2011 23:39:22 SAME CALL Sl. NO 66 OF V-26 15/06/2011 23:59:05 TATIA S/O BAJRANG KALE AGE 24/26 YRS R/O PATRI HANUMAN MANDIR C.P. KO NANHAI S/O GOGI & USKE 3/4 SATHIO NAI STOMACH MAI RIGHT SIDE MAI CHAKU MARA HAI USKO TATIA KA JIJA RAJU GULATI TSR MAI RML HOSP LAYA THA DOCTOR NALB/DEAD DECLARE KAR DIYA HAI C/ROOM INF 15/06/2011 23:59:56 DEAD KAI HALAT FROM T-41” (Emphasis Supplied)

3. Being handed over a copy of DD No.37A, accompanied by SI Ram Babu PW-13 and Ct.Raghu Nandan PW-21, Insp.Ravi Kant PW-23, reached the spot. On learning that the (three) injured persons have been removed to RML Hospital, the aforesaid three police officials proceeded to the hospital where they learnt that Tatiya had been declared brought dead.

4. Thereafter Insp.Ravi Kant PW-23, collected the MLCs Ex.PW- 14/A, Ex.PW-14/B and Ex.PW-15/A of the deceased, Lachi PW-4 and Rohit PW-12 respectively.

5. Being relevant, we note the following portion of the MLC Ex.PW- 14/A of the deceased:-

“BROUGHT BY H/C Indrapal 330/PCR C 8

DATE & HOUR OF ARRIVAL 15/6/11; 11.00 pm

Stab wound of size 8 x 6 cm & (penetrating into abdominal cavity) illegible in right hypochondrial & Rt. Lumbar area of abdomen with exposure of omentium intestine.”

6. Being relevant, we note the following portion of the MLC Ex.PW- 14/B of Lachi PW-4:-

“BROUGHT BY ASI Gajender V-26/PCR

DATE & HOUR OF ARRIVAL 15/6/11; 11.05 pm

“CIW extending from Rt. side of neck to back (Lt.) (obliquely) (12 cm x 5 cm x 2 cm) (12 x 5 x 2 cm); active bleeding”

7. Being relevant, we note the following portion of the MLC Ex.PW-15/A of Rohit PW-12:-

“BROUGHT BY H/C Indrapal 330/PCR C 8

DATE & HOUR OF ARRIVAL 15/6/11; 11.00 pm

Incised wound on head R side of midline: 2 cm x 0.5 cm”

8. At the hospital Insp.Ravi Kant PW-23 met Raju Gulati PW-22, who claimed to have knowledge as to how the deceased, Lachi and Rohit were injured. Insp.Ravi Kant recorded the statement Ex.PW-22/A of Raju Gulati and made an endorsement Ex.PW-23/A thereunder at 00:35 hours on June 16, 2011. He handed over the same to Ct.Raghu Nandan PW-21 for FIR to be registered. Ct.Raghu Nandan took the rukka to PS Connaught Place where ASI Ramesh Tirki PW-1, recorded the FIR No.115/2011, Ex.PW-1/A.

9. The statement Ex.PW-22/A of Raju Gulati, in Hindi, loosely translated reads as under:-

“I reside on a pavement at Hanuman temple, BKS Marg, New Delhi with my family and engaged in the business of stitching school bags at Singhara Chowk, Nabi Karim. Today at about 10:30 PM I along with my wife Shanno and son Rohit was sleeping on a footpath near Tiwari shop towards State Emporium at BKS Marg. My brother-in-law along with his wife Lachi an