RANDHIR SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Above referred appeals are directed against the impugned judgment dated 6/7/2009 in Sessions Case No.36/08 FIR No.238/88 Police Station Malviya Nagar in terms of which the appellants Bijender Singh @ Biju, Dipender @ Deepu and Randhir Singh @ Tata have been convicted on the charges under Sec. 302 IPC read with Sec. 34 IPC and Section 307 IPC read with Section 34 IPC as also the consequent order on sentence dated 8/7/2009.

(2.) At the outset we may record that the co-accused Joginder Pal Singh absconded during trial at the stage of final arguments and he was declared proclaimed offender.

(3.) Briefly stated, case of the prosecution is that on 31.08.1988 at about 2.40 p.m. Rajinder Singh PW-10 was brought to All India Institute of Medical Sciences (for short `AIIMS) by one Dinesh Kumar s/o Duja Ram with alleged history of being stabbed at the college on the chest, head and left limb. This information was conveyed to P.S. Malviya Nagar by Duty Constable Dalbir Singh posted at AIIMS and was recorded as DD No.10A at 3.05 p.m. Copy of the DD report was sent to S.I. Surjit Singh Crl.A.No.548/09, 592/09 & 594/09 Page 2 of 22 through Constable Suraj Prakash who had gone to Aurobindo College in connection with investigation of DD No.8A dated 31.08.1988.