MANOJ Vs. STATE

JUDGEMENT

(1.) HOLDING that since Bhopa @ Bhupender did not have any previous enmity with the deceased and did not actively participate in the commission of the crime, there being some evidence of his exhorting the accused, giving him the benefit of doubt, vide impugned judgment and order dated 20.5.2006, appellants Manoj and Sunder, both brothers, have been convicted for the offence of having murdered Harpal Singh, the brother of Gaje Singh. Since Gaje Singh claimed to be an eye witness to the incident, learned Trial Judge has believed the testimony of Gaje Singh. The country made pistol Ex.P-1 recovered at the instance of Manoj being linked to the two cartridges lifted from the scene of the crime by means of ballistic examination, it has been held that there is further incriminating evidence against Manoj. Thus, Manoj and his brother Sunder have been convicted for the offence punishable under Section 302/34 IPC. Manoj has additionally been convicted for the offence punishable under Section 27 of the Arms Act.

(2.) SUNDER has died during pendency of the appeal and noting said fact, vide order dated 15.3.2010 it was held that qua Sunder the proceedings stand abated.

(3.) INFORMATION about an incident of firing was received at PS Kalyanpuri and recorded vide DD No.66B, Ex.PW-14/A at 22:13 hours on 7.1.2003. The investigation was entrusted to SI V.K.Sharma who left the police station accompanied by Const.Shravan Kumar. Insp.S.M.Khan PW-14 the SHO of the police station who was on patrolling duty received the information over the wireless and even he proceeded to the place where the incident had taken place i.e. 8/66, Extra Block, Trilokpuri. Insp.S.M.Khan and SI V.K.Sharma reached the spot together, by which time the injured had already been removed to the hospital. They saw blood on the road and two fired cartridges as also pellets. Leaving behind Const.Shravan Kumar to guard the place of the crime, Insp.S.M.Khan and SI V.K.Sharma left for L.B.S.Hospital where they found Harpal being brought to the hospital and declared dead as per his MLC Ex.PW-10/A as also that his brother Gaje Singh being treated for a grazing gun shot injury on his chin. Insp.S.M.Khan recorded the statement Ex.PW-1/A of Gaje Singh and after penning the endorsement Ex.PW-14/A beneath the statement dispatched the same through Const.Parshuram who was with Insp.S.M.Khan in the police jeep for FIR to be registered, recording on the tehrir that the same was dispatched from the hospital at 00:30 hours on 8.1.2003 i.e. at around midnight of the intervening night of 7th and 8th January, 2003.