MOHD ARIF Vs. STATE

JUDGEMENT

(1.) THE above referred appeals are directed against the impugned judgment dated 07.02.1997 in Sessions Case No.68/96 FIR No.58/89 P.S. Bhajanpura convicting the appellants Mohd. Arif, Waris Khan, Aslam and Mahmood Khan for the offences punishable under Sections 302 and 307 IPC both read with Section 34 IPC for committing murder of Mukesh and attempting to commit murder of Ramesh (PW7) in furtherance of their common intention as also against the consequent order on sentence dated 11.02.1997 in terms of which each of the appellant, for the offence punishable under Section 302/34 IPC, have been sentenced to undergo RI for life and also to pay a fine of Rs.500.00, in default of payment of which to undergo RI for a period of one month and for the offence under Section 307/34 IPC to undergo RI for a period of seven years and also to pay fine of Rs.250.00 each, in default of payment of fine to undergo RI for a period of 15 days.

(2.) BRIEFLY stated, case of the prosecution is that on 01.02.1989 at about 8:54 pm, an unknown person informed the police control room that some bad character had stabbed someone near the Kothi of Councillor Mauzpur, behind Radha Krishan Mandir. The information was recorded as DD No.221 in the daily diary maintained at PCR on 01.02.89. Said information was conveyed by PCR Constable Veena on telephone to Police Station Bhajanpura, which was recorded as DD No.19A dated 01.02.89 at 8:56 pm. Copy of the DD report was entrusted to ASI Kishan Chand, who left for the spot of occurrence along with Constable Parvesh. There he met Vijender Singh, PW6 and recorded his statement Ex.PW6/A. ASI Kishan Chand sent said statement to the Police Station after appending his endorsement Ex.PW11/A on it for the registration of case.

(3.) ON receipt of the information about the occurrence, SHO Ishwar Singh and SI Kanahai Singh also reached at the spot. On the direction of the SHO, further investigation of the case was taken over by SI Kanahai Singh. SI Kanahai Singh lifted the blood-stained earth as well as control earth from the spot of occurrence in four vials and sealed those vials with the seal of ï¿ 1/2KSï¿ 1/2. He also prepared the rough site plan Ex.PW19/A and appended marginal notes on the same. Investigating Officer got the spot of occurrence photographed from various angles and recorded the statements of the witnesses. SI Kanahai Singh also visited GTB Hospital along with the SHO and collected the MLCs of Mukesh and Ramesh. The deceased Mukesh was declared unfit for statement but Injured Ramesh PW7 was declared fit for statement. Mukesh expired later on and on being informed about the death of Mukesh by the Duty Constable, the investigation was taken over by the SHO.