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2017 Supreme(Del) 619

IN THE HIGH COURT OF DELHI AT NEW DELHI
GITA MITTAL & ANU MALHOTRA, JJ.
POONAM RANI – Appellant
Versus
STATE – Respondent
Crl. Appeal No. 711 of 2012
Decided On : 20-02-2017

Advocates Appeared:
For the Appellant : Ms. Anu Narula.
For the Respondent: Ms. Aashaa Tiwari.

JUDGMENT :

GITA MITTAL, J.

1. By way of the instant appeal, the appellant assails the judgment dated 9th April, 2012 in Sessions Case No. 123/10 arising out of FIR No. 269/10 under Section 302/34 IPC registered by the police station Hauz Khas finding her guilty of the commission of offence under Section 302 of the IPC as well as the consequential order on sentence dated 21st April, 2012 whereby she was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- in default of payment of fine, sentenced to undergo one year’s simple imprisonment.

2. It was the case of the prosecution that at 2:23 a.m. on 7th August, 2010 the police control room received a telephonic intimation from the phone no. 9868910445 to the effect that thieves had got into house No. 39, Shahpur Jat, Asian Game Village near school and have hit “my grandmother” which information was logged as CRDD No. 224 at 0223 hours by L/Ct. Sonika (PW-18) (Ex-PW18/A) at the police headquarters and transferred by PW-18 to the police station Hauz Khas.

3. At the police station, Hauz Khas, the telephonic information from the Police Control Room was received at about 2:30 am by ASI Mohd. Swalay (PW-20), posted as the Duty Officer at that time, and recorded by him in the DD register at serial no. 58A (Exh.PW20/A). Through Head Constable Rajan (PW-21), also posted at P.S. Hauz Khas, DD 58A was sent for inquiry to SI Narender Kumar Ojha (PW-31).

4. On receipt of DD No. 58A, S.I. Narender Kumar Ojha proceeded to the spot accompanied Ct. Sunder where they found one Rajesh taking his injured mother Smt. Shravan Devi to the hospital in a maruti van. SI Ojha followed them to the All India Institute of Medical Sciences where the doctor declared the injured as having been brought dead. SI Narender Kumar Ojha (PW-31) thereafter returned to the spot and found that Inspector Rajeev Kumar (PW-32) had already reached there.

5. Prior to his departure from the police station for the spot, Inspector Rajeev Kumar (PW-32) logged DD No. 59B at 2.35 a.m. (Mark Exh.PW32/A).

6. The Crime team from the South District, finger print bureau as well as officials from the Forensic Science Laboratory also reached at the spot.

7. It appears that the PCR message was also transmitted to the police by wireless to the police vehicle in the area which had rushed to the spot. We find that at the police control room, the following information was conveyed by police van no. E81/ER and stands noted at 0255 hours that “Shrawan Devi, wife of Bhim Singh, aged 65 years aur Poonam W/o Kuldeep, age 30 years, dono lady ek kamre mai so rahi thi, do UK (unknown) ladke huliya UK aaye or Mausi Mausi kehkar darwaza khulwaya aur Shrawan ke sir me lath mar diya jisse lady injured ho gayi jise gharwale pehle hi UK (unknown) hospital le gaye. Ek aadmi darwaze par Poonam ke sath khada ho gaya aur ek aadmi kamre ke andar gaya. Ye dono kamre se kya saman lekar gaye hai yeh confirm nahi hai. E-2 inform for senior officers notice.” The source of this information is not revealed.

8. The police control room Form-I further records that the local police reached at the spot at 0233 hours and that by then, the family members had taken Sharvan Devi to the Safdarjung Hospital where the doctors declared her as dead. The family members had brought the dead body back to the house.

9. At 3.50 a.m. of the 7th of August 2010, by Ct. Rajender (PW-22), P.S. Hauz Khas received telephonic information from Ct. Kripal Singh posted at AIIMS Hospital to the effect that Sharvan Devi had been admitted by her son in the hospital on account of a head injury and that MLC No. 63755/10 had been recorded with regard to this admission. He had requested that the police be sent to the hospital. This information was entered in the roznamcha as DD No. 85B (Ex






































































































































































































































































































































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