MANOJ KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Additional Sessions Judge dated 12.08.2009 in Sessions case No. 31/05, FIR No. 970/04, Police Station Dabri convicting the appellant Manoj Kumar for the murder of his brother Virender Pal under Section 302 IPC as also the order on sentence dated 17.08.2009 in terms of which the appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/ - and in default of payment of fine, to undergo imprisonment for a further period of six months.

(2.) BRIEFLY stated, case of the prosecution is that on 19th December, 2004 at around 6:35 am, Constable Pramod of Police Control Room informed police station Dabri that someone rang up from telephone No. 55782592 and informed that acid has been poured over one person at House No. C -363, Gali No. 42, Mahavir Enclave. The information was recorded at the police station as DD No. 6 -A (Ex.PW3/A) and copy of the DD report was given to SI R.K.Meena, PW25 who proceeded for the spot of occurrence.

(3.) ON 20th December, 2004 at around 6:10 pm, Duty Constable Mahesh informed from Safdarjung Hospital that victim Virender Pal had expressed his desire before the doctor for giving his second statement. Information was recorded as DD No. 27A and SI R.K.Meena went to Safdarjung Hospital where he recorded the second statement of Virender Pal. In the said statement Ex.PW23/E,Virender Pal stated that when his statement was recorded on 19th December, 2004, he was under a lot of pain and his mental equilibrium was disturbed. He claimed that he was better and wanted to say that his brother Pawan and Satender as well as neighbour Subhash were not party to the incident of causing burn injuries to him by the appellant Manoj and actually Braham Singh, father -in -law of Manoj was alongwith him at the relevant time who had thrown matchstick upon him. He explained that in his earlier statement, he had named Pawan, Satender and his neighbour because they used to talk with Manoj.