BHUPINDER SINGH Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 08.07.2005, the appellant has been convicted for the offences punishable under Section 302 IPC, Section 394 IPC and Section 27 of the Arms Act. Appellant has been sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC; rigorous imprisonment for a period of five years for the offence punishable under Section 394 IPC and rigorous imprisonment for a period of two years for the offence punishable under Section 27 of the Arms Act.

(2.) On 20.04.1993 at about 01.30 A.M. SI Rajpal Singh PW-25, recorded the endorsement (tehrir) Ex.PW-25/B, which reads as under:-

(3.) As per the prosecution, the events which preceded the recording of the afore-noted endorsement were that in the intervening night of 19/20.04.2003 HC Ram Kumar PW-5 and Const.Devender PW-6, were patrolling on a motor cycle in Rajouri Garden when at around 01.00 A.M. they heard loud voices coming from the direction of the road outside Seven Seas Banquet Hall. On reaching the spot from where the voices were coming the aforesaid police officers saw that one person namely Ved Prakash Arora (hereinafter referred to as the "deceased") was lying injured on the ground and that public persons were chasing the appellant. After directing some persons who had gathered at the spot to remove the deceased to the hospital, the aforesaid police officers also chased the appellant. However, by that time, the public persons had apprehended the appellant and were beating him. HC Ram Kumar PW-5, took the appellant in his custody. The appellant was holding a country made pistol in his hand. On checking the said pistol, HC Ram Kumar PW-5, found an empty cartridge in the barrel of pistol. Thereafter HC Ram Kumar conducted personal search of the appellant upon which he found two live cartridges in the pocket of pant of the appellant.