MUKESH KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) ABOVE referred three appeals are directed against the impugned judgment of the learned Additional Sessions Judge dated 03.12.1998 in Sessions Case No.96/01 arising out of FIR no.309/98 under Section 306/330/342/34 IPC P.S. Mangol Puri, in terms of which the learned trial Judge found the appellants David Lal, Thakur Virender Singh, Raj Singh, Mukesh Kumar and Ranbir Singh guilty of the offences punishable under Section 342 IPC read with Section 34 IPC as well as Section 330 IPC and sentenced them accordingly in terms of the order on sentence dated 04.12.2004.

(2.) BRIEFLY stated, case of the prosecution is that on 03.04.1998, a telephonic information was received at P.S. Mangol Puri that one boy has committed suicide by hanging himself at House No. E -59 -60, Vijay Vihar. This information was recorded as DD No.15 at the Police Station and copy of the DD report was entrusted to SI Rajesh Rathi for verification. SI Rajesh Rathi reached at the spot of occurrence and there he met PW Deepak, brother of the deceased and recorded his statement.

(3.) ON the basis of this statement, a case under Section 306/330/342 IPC was registered. On conclusion of investigation, charge sheet against the appellants as well as Raj Singh was filed.