CHHOTA KHAN Vs. STATE

JUDGEMENT

(1.) APPELLANTS Chhota Khan and Mohd.Yunus @ Chana Khan have filed the present appeal challenging the judgment and order dated 29.2.2000 convicting the former for the offence punishable under section 302/34 IPC and the latter for the offences punishable under sections 302/323/34 IPC. For the offence of murder appellant Chhota Khan has been sentenced to undergo imprisonment for life and to pay a fine in sum of Rs.2,000.00; in default to undergo simple imprisonment for 2 years. For the offence of murder appellant Mohd.Yunus has been sentenced to undergo imprisonment for life and to pay a fine in sum of Rs.2,000; in default to undergo simple imprisonment for 2 years. For the offence punishable under Section 323 appellant Mohd.Yunus has been sentenced to undergo rigorous imprisonment for 6 months and to pay a fine in sum of Rs.500.00; in default to undergo simple imprisonment for 15 days.

(2.) THE charges in the instant case were framed against five accused; namely Chhota Khan, Mohd.Yunus @ Channa, Babu Ram, Sagir Ahmed and Kunda Swami. While accused Babu Ram and Sagir Ahmed have been given benefit of doubt and have been acquitted of the charges framed against them for the offence of murder, co-accused Kunda Swami expired during the pendency of trial and therefore no definite finding has been given qua him by the learned Trial Judge.

(3.) THE process of criminal law was set into motion when at 9:55 PM on 21.6.1990 information was received at PS Nangloi about a quarrel taking place at Barat Ghar, Camp No.1, Nangloi between baratis. The said information was recorded vide DD No.59 B and its investigation was entrusted to ASI Gulab Singh PW-24 who accompanied by Const.Jaipal Singh PW-22 reached the aforestated spot and on learning that the injured had already been removed to DDU Hospital, proceeded for DDU Hospital. At the hospital he learnt that the injured Balwant and Ram Phal were both declared brought dead. He collected their MLCs Ex.PW-10/A and Ex.PW-10/B and met Suresh PW-9 and recorded his statement Ex.PW-24/A. Making an endorsement under said statement ASI Gulab Singh sent the same for registration of an FIR. Further investigation was transferred to Insp.R.S.Dahiya. Insp.R.S.Dahiya arrested accused Chhote Khan, recorded his disclosure statement and pursuant to the same effected the recovery of a knife stated to be the knife used in the offence. Said knife was seized vide memo Ex.PW-11/C.