MANVIR SINGH Vs. STATE

JUDGEMENT

(1.) ABOVE referred appeals are directed against the impugned judgment dated 25.01.1997 of Additional Sessions Judge in Sessions case No.202/93, FIR No.105/88, P.S. Shakarpur finding the appellants Manvir Singh, Rakesh Kumar, Mukesh Kumar and co-accused Manjeet Singh guilty of murder of Ashwani Kumar in furtherance of their common intention and also holding the appellant Rakesh Kumar @ Raju guilty of offence punishable under Section 27 of the Arms Act and convicting them accordingly as also against the consequent order on sentence dated 29.01.1997 in terms of which the appellants have been awarded sentence for the respective offences committed by them.

(2.) BRIEFLY stated, case of the prosecution is that on 12.5.1988 at about 9.55 p.m., some unknown person telephonically intimated P.S. Shakarpur about a stabbing incident at Sarojini Park, Shastri Nagar, Delhi. This information was recorded as DD No.20A (Ex.PW21/DA). Copy of the DD report was entrusted to ASI Gian Singh, PW15 for taking necessary action, who along with Trainee Sub Inspector Manoj Panth, PW19 and Head Constable Mangat Ram, PW7 left for the spot of occurrence. On reaching the spot of occurrence, ASI Gian Singh found that the injured had already been taken to Walia Nursing Home. He went to Walia Nursing Home where he found that the injured had been taken to LNJP Hospital, then he reached LNJP Hospital where the SHO Inspector Balbir Singh(PW21) was already present along with other police staff. He handed over the copy of the DD report to the SHO.

(3.) FROM LNJP Hospital, Inspector Balbir Singh came to the spot of occurrence along with the witnesses. He prepared rough site plan of the place of occurrence Ex.PW21/B and also got the scene of occurrence photographed. The positive photographs are Ex.PW6/3 and Ex.PW6/4. Investigating Officer also lifted and seized the sample of blood-stained earth as well as sample earth from the spot of occurrence, vide respective memos Ex.PW2/B and Ex.PW2/C. He took into possession blood-stained kurta pyjama Exs.P1 and P2 of complainant Raj Kumar vide memo Ex.PW2/D. He recorded statements of the witnesses, conducted inquest proceedings and sent the dead body of Ashwani Kumar for post-mortem examination.