Rajinder Singh Vs. The State (Delhi Administration)

Section 3 with Cr.P.C., 1973 – Section 161 – Delay in recording statements of injured eye-witnesses – One having injury on mouth – Other under fear and not moving out. Held that delay is explained. Evidence is acceptable and cannot be rejected on grounds of
delay. Dr. Krishan Pal Singh’s case followed. (Para 12)

Section 3 – Appreciation – Murder case – Main accused alleged to have fired gun in causing death – Non-mention of name in FIR – However, FIR mentioning identity by describing him as “moohbola brother” of another accused and whose “ears have been damaged” – Injured eye-witnesses identifying him – Plea of alibi found baseless. Held that his presence is established at scene of crime. Plea of non-mention in FIR deserve to be rejected. (Para 13)

Criminal Procedure Code, 1973

Section 309 – Compliance – Witness examined in chief on 6.2.84 – Cross examination deferred on request by counsel on plea of demise of his uncle – Cross examination conducted in July 1985. Held that it was improper. Cross-examination ought not to have been deferred beyond 2 or 3 days. (Para 10)

Section 313 – Plea of accused – Defence version – Reliability – Murder case – One of the accused claiming to be secretary of welfare association of locality built on part of land belonging to deceased and sold to developers – Complainant party alleged to have demolished boundary walls of many build-up houses – On date of incident, complainant party further alleged to have come with arms and tractors and started demolishing walls including that of a Gurudwara – Protest by people and accused allegedly beaten by complainants when some one fired and causing death of one person – No person whose boundary wall was demolished, including of Gurudwara, coming to depose. Held that plea of accused cannot be believed that complainant party was aggressor.(Para 14)