Trachea was patent and other neck structures were intact.
877/2006 with life imprisonment and acquitted Arvind.
With evidence of surgical devridement and repair.
During this time, Ms. Sonu was in surgical emergency ward.
Both were later identified as Smt.
After I certified the injured to be medically fit for statement Insp.
It is also relevant to numbere question and answer and cross examination about damage to carotid artery.
On the above statement, a case under Sections 307 and 302 of the Indian Penal Code hereinafter referred to as I.P.C. was registered at Mukherjee Nagar Police Station and investigation started.
Other neck structure were intact.
To me and Ms. Sonu.
After leaving ASI Kanwar Lal at the spot, Inspector Virender Singh along with his team rushed to Hindu Rao Hospital and on endorsement given by Dr. Sharat Chandra Jai Singh PW 30 that patient fit for statement, recorded the statement given by Sonu Savita.
Chauhan I medically examined injured Ms. Sonu.
On 24.08.1999, on filing the supplementary challan against accused Arvind, the charge was re framed against all the accused persons, namely, Atbir, Ashok, Arvind and Chandra Chandrawati by the Court of Additional Sessions Judge, to which they pleaded number guilty and claimed trial.
Appeal No.
S.H.O., Mukherjee Nagar Police Station along with ASI Kanwar Lal, Ct.
The case of the prosecution is as under Atbir, the appellant in Criminal Appeal No.
Sheela Devi the 2nd wife of Jaswant Singh was staying at Mukherjee Nagar, Delhi, with her children.
Then, they caught hold of my mother.
They were having dispute over the division of their properties.
805 of 2004, Murder Reference No.
Thereafter, Jaswant Singh married Sheela Devi, the deceased and from their wedlock, one daughter Sonu Savita and one son Manish Mannu the deceased, were born.
On 24.01.1996, Sonu Savita succumbed to her injuries and died at Hindu Rao Hospital.
Prosecution examined as many as 41 witnesses and their statements were recorded.
877 of 2006 and one person whose name she did number know entered their house and demanded money from her mother Sheela Devi but she refused.
Being aggrieved by the order of the Additional Sessions Judge, Delhi, the appellants herein filed appeal before the High Court.
The Additional Sessions Judge, vide order dated 27.09.2004, companyvicted Atbir appellant in Crl.
It was revealed at the spot that one injured, namely, Sonu Savita, daughter of Sheela Devi was removed to Hindu Rao Hospital in a PCR Gypsy.
She was mentally fit to maker her statement i.e. she companyld understand the questions and companyld answer the questions put to her.
In the statement, Sonu Savita alleged that Chandra Chandrawati her step mother, along with her son Atbir, one Ashok appellant herein in Crl.
Since emphasis was about damage to carotid cartridge, there is numberneed to refer his examination about chest, abdomen and head.
Atbir, then stabbed upon my brother and injured him badly.
On companypletion of the formalities, the challan was filed in the Court of Metropolitan Magistrate and after companypletion of companymittal proceedings, the case was re allocated to the Court of Additional Sessions Judge, Delhi.
In order to meet the above companytention, the prosecution has heavily relied on the statements of Dr. C.B. Dabas PW 9, Dr. Mrs. Ruma Jain PW 26 and Dr. Sharat Chandra PW30.
Against the said judgment, the appellants have preferred these appeals by way of special leave before this Court.
876 of 2004 whereby the High Court dismissed the criminal appeals filed by the appellants herein and companyfirmed the sentence awarded by the learned Additional Sessions Judge, Delhi in Murder reference.
877 of 2006 and Mr. J.S. Atri, learned senior companynsel for the respondent State.
It was in evidence that she was companytinuously in the emergency ward and ultimately died on 24.01.1996 at 12.30 PM.
A. No.870/2006 with death penalty and Ashok appellant in Crl.
Dr. C.B. Dabas PW 9, on 25.01.1995, companyducted postmortem examination on the body of the deceased Savita.
The evidence of PW 26 and PW 30, who had treated Sonu, indicate that immediately after admission in the hospital at 3.30 PM on 22.01.1996 and at the time of making statement at 4.05 PM she was in a fit companydition.
It is also relevant to numbere that immediately after recording her statement, doctor referred her to Emergency Ward to save her life.
Thereafter, Atbir stabbed Sheela Devi and then Sonu Savita with knife.
Manoj Kumar and Ct.
2, 4, 5 and 6.
The High Court, by the impugned judgment and order dated 13.01.2006, companyfirmed the findings recorded by the Additional Sessions Judge and upheld the companyviction of the appellants awarded by him.
Dr. Mrs. Ruma Jain, PW 26, attached to Hindu Rao Hospital as CMO, on the date of the incident i.e. on 22.01.1996, in her evidence deposed that on that day at about 3.30 PM Savita was brought by ASI Shanti.
Patient had stab injuries and the injuries were pleading profusely.
V.S. Chauhan had recorded the statement of injured Ms. Sonu Ex.
Heard Mr. K.B. Sinha, learned senior companynsel for the appellant in Crl.
2 and 4 with surgical cultures present in situ.
3 of 2004 and Criminal Appeal No.
It is also clear that immediately after her statement because of the injuries she was taken to emergency ward and she was kept therein till her death on 24.01.1996.
He numbericed 21 external injuries.
Jaswant Singh had married accused Chandra Chandrawati, who is absconding and from the said wedlock, three children, namely, Satbir, Atbir and Anju were born to them.
The accused Chandra Chandrawati remained absconding.
On 12.08.1997, a charge under Section 302 read with Section 34 I.P.C. was framed against accused Atbir, Ashok and Chandra Chandrawati.
On that day injured Sonu was brought to the hospital and she was medically examined by Dr. Tomar, Casualty Medical Officer and he had opined injured to be fit for statement on the MLC Ex.
After internal examination, he found the following injuries on the neck Neck Wounds of the neck were further explode and it was observed that muscles of neck on both sides were cut.
The other doctor examined by the prosecution is Dr. Sarat Chandra Jai Singh PW 30.
PW4/A in my presence and I made my endorsement Ex.
Accused persons bolted the doors from inside and Atbir took out a knife and stabbed Manish Mannu, who was held by Chandra Chandrawati, Ashok and another.
Sheela Devi, second wife of Jaswant Singh and her son Manish Mannu.
Traches was patent.
Jogender Singh rushed to the place of occurrence and found two dead bodies, one of female and other of a boy aged about 16 years in the adjacent room on the ground floor of N 33, Mukherjee Nagar, Delhi.
Atbir also injured my mother badly.
There was infusion of blood in neck tissues and blood rest and blood was still oozing out from neck vessel of rt.
On the afternoon of 22.01.1996, on receiving information of murder of a man and that of one injured at N 33, Mukherjee Nagar, Delhi, Inspector Virender Singh, Addl.
870 of 2006 is the son of one Jaswant Singh.
PW 30 also asserted that immediately after her statement, Sonu was taken to surgical emergency ward, since she had stab injuries and was bleeding profusely.
Thereafter they caught hold of me and gave several knife blows upon me as a result of which I also got badly injured.
However, she died on 24.01.1996 at 12.30 p.m. The Inspector who recorded the statement was cross examined and the details and his evidence was number shattered by the defence, in fact, number even a suggestion to the Investigation Officer about the availability of Magistrate at the relevant point of time.
In his evidence, he deposed that on 22.01.1996, he was posted in Hindu Rao Hospital as Superintendent of Surgery.
Since the statement of Sonu Savita was very brief as to the circumstances and persons involved who caused brutal injuries on her body as well as her mother and brother, in addition to the same, Dr. Sharat Chandra has also certified that at the relevant time she was in a fit mental state and endorsed the same by putting his signatures near the signature of the deponent Sonu Savita.
PW 26/A. His further statement and assertion are as follows On that day Insp.
In the case on hand, the incident occurred on 22.01.1996 at 2.30 p.m., the injured Sonu Savita was admitted in the hospital at 3.30 p.m. and she made declaration at 4.05 p.m. on the same day.
V.S. Chauhan had met me at MLC Ward and he had told me that a dying declaration was to be recorded by him by the Insp.
On the request of Insp.
Sathasivam, J. These appeals are directed against the final judgment and order dated 13.01.2006 of the High Court of Delhi at New Delhi in Criminal Appeal No.
The murder reference was also sent by the Sessions Court to the High Court.
Both external jugular veins and left facial artery were cut under injury No.
