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INTRODUCTION:

1. Succinctly, the case of the prosecution is that on 05.06.2014, at around 09:55 p.m., DD No. 31PP was received at police post chowki Majnu ka Tila inter alia to the effect that at around 09:17 p.m., an information was received at Aruna Asaf Ali Hospital that one Yashoda, W/o. Narayan Dass was brought dead in the Hospital and that a police official/IO be sent to the said Hospital for inquiry/investigation (दिनांक 05.06.2014 को समय 9.55 P.M पर DD No.31 PP चौकी मजनू का टीला, प्राप्त हु ई जिसका मजमून जैल है "समय 9.17 P.M पर दर्ज है कि Aruna Asaf Ali Hospital से इतला दी है कि यशोदा w/o Narayan Dass Age-60 years r/o H.No.-17, Old Chandrawal, Civil Line, Delhi को MLC No. 1655/14 पर PCR ने Brought dead दाखिल Hospital कराया गया है।

2. Markedly, under his complaint, the complainant inter alia proclaimed that on 05.06.2014 at around 09:00 p.m., he/the complainant reached his home from work. At that point in time, as per the complainant, his father and mother, namely, Yashoda was present at the house (आज दिनांक 05.06.2014 को मैं करीब 9.00 P.M पर घर पहुंचा था। मेरे पिताजी व मेरी माँ यशोदा घर पर ही थे।). The complainant further proclaimed that his father was addicted to alcohol and that even on the said date, he/complainant's father had consumed alcohol and that he was abusing, while under influence of said intoxicant (मेरे पिताजी शराब के आदि हैं । आज भी मेरी पिताजी ने शराब पी रखी थी व शराब के नशे में गाली गलौच कर रहे थे ). Further, as per the complainant, suddenly, at that point in time, his/complainant's maternal uncle's son, namely, Ishwar, S/o. Prabhu Dayal, reached at their home along with both his brothers, namely, Manoj and Veeru (hereinafter accused persons, namely, Ishwar, Manoj and Veeru are collectively referred to as the 'accused persons'), and started fighting with the complainant's father ( तभी मेरे पड़ोस में रहने वाला मेरे मामा का लड़का Ishwar s/o Late Sh. Prabhu Dayal r/o H.No. 192/16, Old Chandrawal, Delhi अपने दोनों भाई मनोज व वीरु के साथ मेरे घर पर आया व मेरे पिताजी के साथ झगडा करने लगे ). As per the complainant, the accused persons were asking from the his/complainant's father as to why he was abusing and as the complainant tried to intervene, the accused persons are avowed to have started a scuffle and fight with him/the complainant (व कहने लगे की तुम हमे गाली क्यों दे रहे हो। जब मैंने बीच बचाव किया तो मेरे साथ भी झगड़ा व हाथापाई करने लगे।). The complainant further proclaimed under his complaint that on hearing such noise, his mother, namely, Smt. Yashoda (hereinafter referred to as the 'deceased') also reached there and tried to intervene so that the scuffle/fight could be ended. However, as per the complainant, accused Ishawar slapped Yashoda, in rage, while uttering, "...old woman! You, do not intervene..." (यह शोर सुनकर मेरी माँ यशोदा भी आ गयी व हमें झगड़ा करने से रोकने लगी तभी गुस्से में ईश्वर ने मेरी माँ यशोदा को थप्पड़ मार दिया व कहने लगा की बुढिया तू हमारे बीच में मत आ). In the said process, accused persons, Manoj and Veeru are further asserted to have pushed Smt. Yashoda, consequent to which, she fell and got unconscious (और मनोज व वीरू ने मेरी माँ को धक्का मारा जिससे मेरी माँ गिर गयी व गिरकर बेहोश हो गयी।). Upon this, the complainant is proclaimed to have made a call at 100 number, and Smt. Yashoda was shifted to Aruna Asaf Ali Hospital in a PCR Van, where she was declared brought dead (तब मैंने 100 नंबर पर call कर दी व PCR की गाड़ी मेरी भी को Aruna Asaf All Hospital लेकर आई जहाँ पर Doctor साहब ने Check करके बताया की मेरी माँ यशोदा की मौत हो गयी है।). Consequently, upon the statement of the complainant having been recorded, SI Laxman sent the body of the deceased to Subzi Mandi Mortuary for preservation and he/SI Laxman along with the complainant HC Sanjay reached at the spot of occurrence, i.e., H. No. 17, Old Chandrawal, Civil Lines, Delhi (hereinafter referred to as the 'spot').

(Emphasis supplied)

22. Correspondingly, reference is made to the deposition of PW-9/Sh. Laxman Rohit, who testified that on 05.05.2014, he was present at the house of his uncle, namely, Shri. Narain Dass, at 17, Old Chandrawal, Civil Lines, Delhi. Further, as per PW-9, at around 09:00 p.m., he was sitting, after consuming his meal and after some time, his/PW-9's cousin, namely, Gopal came to the house. Correspondingly, as per PW-9, he suddenly heard the noise of quarrel and he/PW-9 along with Gopal and Gopal's mother, namely, Smt. Yashoda went to the first floor of the said house, where he/PW-9 saw that accused Ishwar, Manoj and Veeru, who were correctly identified by PW-9 in Court, were quarrelling with my Shri Narain Dass. PW-9 further proclaimed that he tried to intervene in the quarrel, however, the accused persons were very annoyed. Further, as per PW-9, in the meanwhile, mother of the accused persons also reached there on hearing noise of quarrel. PW-9 further avowed that he asked them to come downstairs as the room in which quarrel was going on was very small and his/PW-9's uncle Narain Dass was suffering with Asthma. PW-9 further asserted that he asked the accused persons to talk on the ground floor of the house, whereupon, all of them reached at the ground floor. However, as per PW-9, the accused persons continued quarrelling with them, as well as they/accused persons hurled abuses at Gopal and his brother and also gave beatings to them. It was further testified by PW-9 that accused Ishwar gave a slap on Smt. Yashoda's face and that accused, Manoj, who was also quarrelling with Gopal, suddenly, pushed Smt. Yashoda due to which she fell down. As per PW-9, they called at 100 number, whereupon, PCR van reached at the spot and shifted Smt. Yashoda to Aruna Asaf Ali Hospital. PW-9 further deposed that in the Hospital, Smt. Yashoda was declared dead by the Doctors. As per PW-9, at that time, IO did not record his/PW-9's statement and that his/PW-9's statement was only recorded after around, two years of the incident. Markedly, during the course of his deposition, upon being led by Ld. Addl. PP for the State, PW-9 affirmed that the incident had taken place on 05.06.2014 and that accused persons, namely, Manoj and Veeru had both pushed Smt. Yashoda.