Relied On The Authorities Reported As ... vs . State, on 8 November, 2012
On behalf of the accused persons it has been submitted
by learned counsel that the place of occurrence was the Ghonda
Chowk and not the Gali No. 9, Ambedkar Basti, Ghonda, Delhi,
and reliance has been placed on the authority reported as 'Kadir,
Appellant Vs. The State, Respondent, 1987 CRI. L. J. 101
(Delhi High Court)' and it is submitted that site plan prepared at
the instance of witness during the course of investigation is
inadmissible in evidence as per, 'Sat Kumar, appellant Vs.
State of Haryana, respondent, AIR 1974 SC 294'. With due
respect the authorities referred by Ld. Defence counsel do not
apply on the facts of this case because the witnesses have
denied that the alleged incident had occurred at Ghonda Chowk.
The accused persons have failed to adduce any evidence in this
regard. PW21 HC Sumer Singh has deposed that on receipt of
call from control room PHQ regarding quarrel taken place at Gali
No. 9, H. No. 183, Ambedkar Basti, near Ghonda Chowk, he
reached there in PCR van and found there three injured persons
namely Mangal, Nitish and Manish and took them to GTB
hospital where he got them admitted. In the cross-examination he
has denied the suggestion that injured persons were taken from
Ghonda Chowk. Moreover PW13, ASI Ram Kishore has deposed
FIR No. 131/08, PS New Usmanpur Page 18 of 43
that he alongwith injured Mangal went to the spot and prepared
the site plan Ex. PW13/B at his instance. PW17 SI M.K. Jain-
Draftsman proved the scaled site plan Ex. PW17/A and no
contrary suggestion was given to him by learned defence counsel
as such the testimony of this witness is deemed to have been
admitted as correct.