RAJU @ BATTU Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Additional Sessions Judge dated 12.02.1997 vide which the appellant Raju @ Battuand his co -accused Dharmender have been convicted for the offence of murder of Rajiv @ Kale (herein after referred to as "deceased") and the order on sentence dated 13.02.1997 in terms of which the appellant as well as his co -accused was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/ -each and in default of payment of fine, to undergo RI for further period of one month each.

(2.) BRIEFLY stated the case of prosecution is that on 26.09.1993 at about 11.00 p.m., the deceased was brought to the casualty of GTB Hospital, Delhi by his brother Ajay, PW7 with the history of assault with sharp weapon. He was attended to by Dr.Sanjay Sharma, who found two incised wounds on the person of the deceased and prepared the MLC Ex.PW13/A. The duty Constable present at GTB Hospital conveyed the information about the admission of injured Rajiv @ Kale to the police station which was recorded as DD No.17A (Ex.PW10/A) by the Duty Officer Head Constable Kishan Chand Harit, PW10.

(3.) THE Duty Officer sent the copy of DD report through Constable Dharampal to S.I. Rakesh Kumar. ASI Raj Kumar also left the police station for GTB Hospital. On receipt of copy of the DD report, PW8, S.I. Rakesh Kumar reached at the GTB Hospital along with Constable Dharampal and Constable Bir Bhan and collected the MLC of the deceased Rajiv Ex.PW13/A, who was declared unfit for statement. Ajay Kumar, PW7 was available at the hospital so S.I. Rakesh Kumar recorded his statement Ex.PW8/A and sent it to the police station after appending his endorsement thereon, through Constable Bir Bhan for the registration of the case. On the basis of said statement, formal FIR under Section 307/34 IPC was registered against the appellant and his co -accused Dharmender and the investigation was handed over to the SHO Inspector Ranjit Singh.