Crl.A.779/2011

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IN THE HIGH COURT OF DELHI AT NEW DELHI

RESERVED ON : 9^th July, 2012

DECIDED ON : 19^th July, 2012

+

Crl.A.779/2011

NAVEEN KUMAR AHUJA

....Appellant

Through :

Ms.Manjusha Wadhwa, Advocate.

versus

THE STATE (NCT OF DELHI)

....Respondent

Through :

Mr.Sanjay Lao, APP.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA

HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J.

1.

The present appeal is directed against the judgment dated

27.11.2010 and order on sentence dated 29.11.2010 of learned Additional

Sessions Judge in SC No.69/2009 by which the appellant was convicted

for committing the offence punishable under Section 302 IPC and

sentenced to undergo imprisonment for life with a fine of `3,000/-. The

brief facts of the case are as follows :

2.

Daily Diary (DD) entry No.35A (Ex.PW-20/A) was recorded

at PS Vasant Vihar on 22.10.2005 at about 11.20 P.M. on getting

information that a person has been stabbed with a knife at JNU, Saraswati

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Puram, B & C Employees Quarters. The investigation was assigned to SI

Bhawar Singh who along with Const.Manveer Singh reached the spot and

came to know that the injured had already been shifted to Safdarjung

Hospital. SI Bhawar Singh (IO) on reaching Safdarjung Hospital moved

an application to record the statement of injured Rajesh Kumar. The

injured was declared unfit to make the statement. The IO returned to the

spot and met Pravesh, Security Guard who informed him that some boys

left scooter No.DL3SM 3166 at the spot after they failed to start it. The IO

made endorsement (Ex.PW-20/B) over the Daily Diary (DD) entry

(Ex.PW-20/A) and sent the rukka through Const.Manveer for lodging the

First Information Report (FIR). He summoned the crime team at the spot.

The IO conducted necessary proceedings including preparation of site-

plan, seizure of blood samples, earth sample, seizure of scooter and the

relevant documents kept inside the dicky and prepared necessary seizure

memos.

3.

On 23.10.2005, the injured succumbed to the injuries at the

hospital and the investigation was taken over by Insp.B.S.Rana. He

conducted inquest proceedings and sent the body for post-mortem

examination. Dr.Komal Singh conducted the post-mortem of the body on

24.10.2005.

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4.

Mool Chand, deceased’s father in his statement informed the

police on 23.10.2005 that on 22.10.2005 at about 10.30 P.M. when he was

going to see his son Rajesh and reached inside JNU campus near STD

Booth, he saw Naveen along with three more boys i.e. Neeraj, Tejpal and

Manoj (facing trial before the Juvenile Court) quarrelling with his son.

Naveen inflicted knife blows to his son Rajesh while other three juveniles

caught hold of him. Thereafter, the assailants fled the spot. He rushed to

seek assistance of his acquaintance residing in a nearby flat inside JNU

Campus but in vain. When he returned the spot, he was informed that the

injured had been taken to AIIMS. However, he did not find his son at

AIIMS and came to Safdarjung Hospital where he found him unconscious

and under treatment.

5.

During the course of investigation, Manoj, Tejpal and Neeraj

were arrested and interrogated on 26.10.2005. Pursuant to their disclosure

statements, they recovered the knife thrown in the bushes. The knife was

seized after preparing its sketch. The IO also seized the blood stained shirt

of accused Manoj. On 26.10.2005, the accused Naveen was arrested near

the East gate of JNU at about 10.30 P.M. He was interrogated and

pursuant to his disclosure statement, blood stained shirt was recovered

from the bushe