RAJNEESH KUMAR Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) The two accused-appellants had filed this appeal challenging their convictions and the sentences awarded to them by the Additional Sessions Judge vide judgment of conviction dated 30th April, 1994 and order on sentence dated 23rd May, 1994 for the commission of the offences punishable under Section 302 read with Section 34 IPC and Section 392 read with Section 397 IPC as well as for the offences punishable under Sections 25/27 of the Arms Act. They were found guilty of murdering one Mr. Harish V. Rao on 9th January, 1984.

(2.) Appellant no. 1 Rajneesh Kumar died during the pendency of this appeal which has consequently already abated qua him.

(3.) For deciding the fate of the surviving accused-appellant Rajender Kumar the prosecution case in respect of the incident of murder which took place in the year 1984 may first be noticed. On 9th January, 1984 a telephonic information was given to Vasant Vihar police station at about 7.10 p.m.by the Chief Security Officer of Hotel Siddharth Intercontinental in Vasant Vihar that some incident had taken place in the hotel. That information was recorded as DD No.10-A(Ex.PW-21-A) and then Sub-Inspector L.N.Rao(PW-27) was handed over the investigation. He reached Siddharth Intercontinental Hotel along with some other policemen and there on coming to know that the incident had taken place on 8th floor of the hotel they went to 8th floor. There one Anand Kumar(PW-1) informed SI Rao that at about 6.45 p.m. he had seen two persons, one of whom was armed with a revolver and the other with a knife, dragging one person who was bleeding from his chest and that person was dragged inside room no.802. Then SI Rao found the room no.802 closed from inside and after lot of effort that room was got opened from inside. As per the prosecution case when the door was opened from inside the two convicted accused Rajneesh Kumar and Rajender Kumar were found present inside the room. Rajneesh Kumar was holding a revolver and Rajender Kumar was holding a knife in his hand. Both of them were over powered by the police officials and the weapons which they were holding in their hands were taken into police possession sealed and seized vide separate seizure memos. The knife recovered from accused Rajender Kumar was found to be blood stained. Inside the bath-room of room no. 802 one dead body having stab wounds was found. On enquiry the dead body was found to be of that one Mr. Harish V. Rao who had come to stay in the hotel. Since the death of Mr. Rao appeared to be homicidal, the investigating officer S.I. L.N. Rao prepared a rukka and got a case registered at Vasant Vihar Police Station under Sections 302/397/34 IPC and accordingly FIR was registered. Separate FIRs under Sections 25/27 of the Arms Act were also registered against the two accused. The dead body of the deceased was got subjected to post-mortem examination and the cause of death opined by the autopsy surgeon Dr. Chander Kant(PW-25) was shock, haemorrhage and asphyxia because of as many as seven injuries found on the dead body which included three stab injuries also and the same were found to be sufficient to cause death in the ordinary course of nature. The autopsy surgeon had also opined that three stab injuries found on the dead body of the deceased were likely to have been caused by the knife, which as per the prosecution case was recovered from the possession of accused/appellant Rajender Kumar. After completion of investigation the deceased accused Rajneesh Kumar and accused/appellant Rajender Kumar were both charge-sheeted by the investigating agency for the offences under Sections 302/392/397/34 IPC. Separate charge-sheets under Sections25/27 of The Arms Act were also filed in Court and in due course all the three charge-sheets came to be committed to the Sessions Court and then the cases were assigned to the Court of Additional Sessions Judge for trial.