GOPI CHAND @ PAPPU Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) These two appeals impugn a common judgment and order of the High Court of Delhi at New Delhi [ High Court] dtd. 2/8/2013, whereby six appeals including two appeals[ i.e., Criminal Appeal Nos. 349 and 352 of 2009] of the appellant against the order(s) of trial court in Sessions Case Nos. 25 and 25-A of 2008, arising from FIR [ First Information Report] No.300 of 1984 at P.S. [ Police Station] Civil Lines, and FIR No.190 of 1984 at P.S. Alipur, respectively, were dismissed. As single set of evidence was led in both the trials, the High Court proceeded to decide the appeals by a common impugned order. As a result, these two appeals were heard together and are being decided by a common judgment.

(2.) Two dead bodies were found under jurisdiction of different police stations. One body was found on 13/7/1984, which gave rise to FIR No.300/ 1984 at P.S. Civil Lines, and the other was found on 16/7/1984, which gave rise to FIR No. 190/1984 at P.S. Alipur. FIR No.300 gave rise to Sessions Case No.25 of 2008 whereas FIR No.190/1984 gave rise to Sessions Case No.25-A of 2008. The dead body concerning FIR No. 300/1984 was identified as that of Arun Kumar. Whereas the dead body in respect of FIR No.190 /1984 was identified as that of Jasbir.

(3.) Investigation revealed that the two deceased i.e., Arun Kumar and Jasbir were driver and cleaner respectively of Truck No. URM 660 owned by Dayal Chand (PW-23); and the accused had killed them to steal the Truck.