GUDDU Vs. STATE

JUDGEMENT

(1.) Above appeals have been preferred against the impugned judgment dated 23.12.1999 in Sessions Case No.7/98, FIR No.240/98, P.S. Mangol Puri. In terms of the judgment, the appellants Sanju and Mukesh have been convicted under Sections 392 IPC read with Section 397 IPC. Appellant Tara Chand has been convicted under Section 392 IPC read with Section 397 IPC as also under Section 302 IPC read with Section 34 IPC. The appellant Guddu has been convicted under Section 392 IPC read with Section 397 IPC, Section 302 IPC read with Section 34 IPC and also under Section 25/27 of the Arms Act. The appellants were sentenced accordingly in terms of the order on sentence dated 04.01.2000.

(2.) Briefly stated, case of the prosecution is that in the morning of 13.03.1998 at 7:45 am on the receipt of information from PCR Constable Geeta No.3700/PCR, DD No.7A was recorded at P.S. Mangol Puri (Ex.PW13/A) that a dead body was found lying behind DESU Office, Railway Line, Mangol Puri. Copy of the DD report was sent to SI Sanjay Singh through Constable Mohd Illyas for necessary action. SI Sanjay Singh along with Constable Mohd Illyas reached at the spot where he found the dead body of a male person having stab injuries on the thighs. In the meanwhile, Inspector Rejeshwar Prasad, SHO P.S. Mangol Puri also reached at the spot. While the efforts were being made to identify the dead body, complainant Sirajuddin (PW20) reached at the spot and identified the dead body as that of Insaf Ali. Inspector Rajeshwar Prasad recorded the statement (Ex.PW20/A) of Sirajuddin wherein he stated that he was an employee of a company at K-61, Udyog Nagar, Peera Garhi, Nangloi. The deceased Insaf Ali was his co-employee. On 12.03.98 at about 7:00 am, they left the factory. When they crossed the railway line to go towards Mangol Puri Industrial area, two boys suddenly caught hold of him, one of them placed a knife on the left side of his waist and they removed Rs.1080/- from his back pocket. They also threatened him to go away. Their two other associates caught hold of Insaf Ali (deceased) and one of them inflicted knife blows on his respective feet (Dono Pairo Par). Insaf Ali raised an alarm bachao bachao. He (complainant Sirajuddin) because of fear ran away from the spot. The complainant claimed that aforesaid boys were aged about 20 to 25 years and he would be able to identify them if shown to him. He further stated that when Insaf Ali did not come back during the night, he thought that the deceased might have gone to the house of his brother-in-law at Samaipur Badli. Thus, in the morning, he went to Samaipur Badli and from there he came to the spot in search of the deceased Insaf Ali where he was found dead. On the basis of said complaint, formal FIR was registered at P.S. Mangol Puri.

(3.) The Investigating Officer, Inspector Rajeshwar Prasad (PW28) inspected the spot and lifted blood-stained earth as well as control earth from two different places, which samples were seized vide seizure memo Ex.PW17/A. The Investigating Officer also conducted inquest proceedings and sent the dead body for post mortem through Constable Mohd Illyas and one other Constable. Dr. K.L. Sharma (PW26) conducted post mortem examination on the dead body of the deceased and found following injuries on the body: ON EXTERNAL EXAMINATION: Dried vegetations were found over the clothes and the body. INJURIES :