9911796707
TMI Blog1999 (2) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... e police station, Saraswati Vihar, received DD No. 18A on 6.9.1988 which was handed over to SI Deep Chand. He went to the spot, 15 Harsh Vihar, along with Constable Narender Kumar and Constable Bansi Lal where ASI Ranjeet Singh along with Constable Ram Singh and Harpool Singh were already present. He saw blood in the drawing room of the said house. The appellant Vinay Chaudhary was apprehended by the people of the locality. 4. PW-4 Smt. Nirmala Pandey, mother of the deceased-Nargita, stated that she has known the appellant since 1987. He was studying in Hindu College whereas Nargita was studying in Miranda House. The appellant was a relation of one of the friends of her daughter Nargita. He was rusticated from college for 3 years. The appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up something in his pistol. When Smt. Nirmala tried to get up the appellant hit her on her head with his pistol. The appellant tried to close the sliding door with the help of his leg but could not succeed. In the meantime, Smt. Nirmala managed to go out of the drawing room and on reaching the main gate, she raised an alarm. It is further mentioned in the statement that her head was profusely bleeding. On hearing her loud cries, many people from the neighborhood and some construction labourers reached with dandas and rods. Till then the appellant was inside the drawing room. She told people that the appellant had murdered Nargita. He came out and sat near the staircase. After sometime the police came and caught hold the appellant. The pisto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Nargita. 7. Nirupendra Pandey, brother of the deceased Nargita was examined as PW-3. PW-5 Prem Prakash, PW-6 Rakesh Sharma, PW-7 Vijay Shanker, PW-8 Kapil G. Kular, PW-9 Chander Shekhar, PW-10 Constable Anil Kumar, PW-11 Head Constable Sajjan Kumar, PW-12 Ramesh Chand Pandey were also examined. 8. PW-12 Ramesh Chand Pandey, father of the deceased Nargita, stated that he admitted Nargita in Batra Hospital in an injured condition on 6.9.1988 and she died on 6.11.1988. 9. Dr. Reena Garg of Deen Dayal Upadhyay Hospital was examined as PW-13. She stated in her examination that she had examined Smt. Nirmala Pandey and she found injury on left parieto-occipital region CLW 3 in size. She was suspecting fracture on the base of index finger. She a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due to respiratory distress leading to respiratory failure on 6.11.1988 despite all resuscitative measures. 12. PW-20 Head Constable Mani Rao, PW-21 Head Constable Raja Ali were also examined. 13. Inspector Dinesh Kumar was examined as PW-22. He mentioned that deceased Nargita was first admitted in ESI Hospital, Moti Nagar. When they reached there at 7.20 p.m. they came to know that she had been shifted to AIIMS. Dr. Praveen told him that no bed was available in the hospital, Therefore, she was shifted to Safdarjung Hospital. 14. PW-23 Constable Narender Kumar, PW-24 Dr. Anil Sabhani, PW-25 Rewat Ram, PW-26 Dr. S.K. Garg, PW-27 Dr. Ashok Kumar, PW-28 Dr. C.S. Jaiswal, PW-29 H.C. Ram Phool, PW-30 H.C. Balbir Singh were also examined. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belonging to someone else. He wanted to marry the deceased but he had gone with the clear intention that in case she resists then he would eliminate her. Otherwise, where was the occasion for him to carry a loaded revolver registered in the name of someone else and then firing on a vital part. His intention was not to scare her and compel her to marry him. He did not fire in the air or even on any non-vital part of the body to scare the deceased. 18. The appellant had gone to the house of the deceased with the loaded revolver with full preparation and in fact firing the same on her vital part after she declined to marry him clearly demonstrates his intention to cause death. The case, in our considered opinion, squarely falls within the fou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
