SATPAL SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Vide impugned judgment and order dated 16.8.2007 the appellant has been convicted for the offence punishable under Section 302 IPC. The person murdered was Satbir Singh @ Tejpal, the younger brother of the appellant. The appellant has also been convicted for the offence punishable under Section 307 IPC. The said offence is related to the injury caused to Pankaj Tomar PW-4 who is the son of the appellant.

(2.) In sustaining the conviction for the two offences, the learned Trial Judge has relied upon the testimony of Bimla PW-5, the wife of the deceased; Nitin PW-9, the son of the deceased; Sanjiv PW-8 and Rajiv PW-11, both sons of the appellant; and Pankaj PW-4.

(3.) With reference to the report Ex.PW-26/A of the ballistic expert and with further reference to a bullet recovered from the body of deceased Satbir after the post-mortem, as recorded in the seizure memo Ex.PW-17/A, and another bullet recovered from the left side chest of Pankaj PW-4 as recorded in the seizure memo Ex.PW-7/A and the seizure of a revolver reflected in the memo Ex.PW-5/C; since the ballistic report was that the two bullets aforenoted were fired from the firearm (revolver) recovered from the appellant at the time of his arrest, it has been held that it stands proved that the two bullets were fired from the licensed firearm belonging to the appellant.