JUDGMENT

Pradeep Nandrajog, J.

1. On 28.12.1995, at 9:00 PM the duty officer at PS Harsh Vihar recorded DD No.21, that a boy named Brijesh, resident of H.No.29, Mandoli Extension, near Nand Nagri had been stabbed with a knife.

2. Accompanied with Const. Siri Kishan PW-9, SI Jit Singh PW-20, reached the spot. Simultaneously, other police officers, namely, Inspector Rajbir Sharma PW-21 and Const. Raj Kumar PW-15, who had also received the information, reached the spot. On learning that the injured person has been removed to GTB Hospital, PW-21, PW-20 and PW-15 proceeded to the hospital where they were informed that the injured person whose name is Brijesh (hereinafter referred to as the "Deceased") had been declared brought dead as noted in MLC Ex.PW-18/A. It may be noted that the MLC records that Brijesh had been brought to the hospital by Pyare Lal.

3. At the hospital, the police officers met Jagwati PW-2, the mother of the deceased, who claimed to have witnessed the incident. Inspector Rajbir Sharma PW-21, recorded the statement Ex.PW-2/A of Jagwati and made an endorsement Ex.PW-21/A thereon, and at around 10.20 P.M. and handed over the same to Const. Raj Kumar PW-15, for registration of an FIR. PW-15 took Ex.PW-2/A to the police station and handed over the same to SI Raj Kumar PW-19, who recorded the FIR No.645/1995, Ex.PW-19/A, at 11.20 P.M. on 28.12.95.

4. In her statement Ex.PW-2/A, Jagwati stated that she resides in Mandoli Extension with her family and is a housewife. That she is the mother of three boys and one girl. That Brijesh aged 21 years is her eldest son and works as a clerk in Tis Hazari Courts. That he was having a love affair with one Rekha, daughter of Sobraj, who resides in their neighbourhood. That around 4-5 months ago, on learning about the said affair, Sobraj and his son Anurag quarreled with her family and also threatened to kill the deceased. That despite the objections raised by the family of Rekha, the deceased and Rekha kept on exchanging love letters, which infuriated the family of Rekha. That today evening i.e. on 28.12.95, the deceased had returned home from work. At around 8.40 P.M. under influence of liquor Sobraj started abusing them while standing on the street between their respective houses. The deceased requested Sobraj to stop the abuses. At that, Sobraj started hitting the deceased. That she tried to save the deceased, but Sobraj caught hold of the deceased from behind and asked his son to bring a knife. Thereafter, Anurag brought a knife from his house and inflicted a stab wound on the neck of the deceased. That blood started oozing from neck of the deceased. He became unconscious and fell on the ground. In the meantime, her husband and brother Sunil, came to the spot and removed the deceased, who was in an unconscious condition, to the hospital where he succumbed to his injuries. That Sobraj and his son Anurag had murdered the deceased. That many residents of the neighbourhood had witnessed the incident. That she had also sustained an injury in the said incident.

5. The MLC Ex.PW-16/A of Jagwati PW-2, records that one injury was noted on her left palm and that the said injury was caused by a blunt object.

6. Thereafter, the afore-noted police officers returned to the spot where the crime was committed. PW-21 prepared the site plan, Ex.PW-21/B, recording therein the place at point marked 'A' where the deceased was stated to have been stabbed. Blood sample earth and sample earth control were lifted from the spot and seized vide memos Ex.PW-9/B and Ex.PW-9/A respectively.

7. Since the police photographer was not available, the services of one Sunil Kumar PW-8, were obtained. PW-8 took 5 photographs being Ex.PW-8/A1 to PW-8/A5.

8. Apart from recording the statement of Jagwati PW-2, the statements of the persons who were instrumental in removing the deceased to the hospital namely, Ganga Ram PW-2, Pyare Lal PW-3, the father of the deceased and Chandan Chakravarty PW-7, were