VISHNU Vs. STATE

JUDGEMENT

(1.) These four appeals filed by Mahinder, Vishnu, Daulat Ram @ Kalia and Salim @ Langra under Section 374 of theCriminal Procedure Code. are directed against an order of Additional Sessions Judge, Delhi dated 15.4.1996/ 18.4.1996 whereby he has convicted the four appellants for commission of offences under Section 302 read with Section 34 of theIndian Penal Code and has sentenced each of them to undergo imprisonment for life and further sentenced appellants Mahinder and Vishnu to pay fine of Rs. 8,000.00 each and in default to undergo rigorous imprisonment for period of three years each and sentenced appellants Daulat Ram @ Kalia and Salim @ Langra to pay a fine of Rs. 4,000.00 each and in default of payment to undergo rigorous imprisonment for two years each. He further convicted appellant Vishnu for committing offence under Section 27 of the Arms Act and has sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,500 .00 in default whereof to further undergo rigorous imprisonment for six months. The sentences awarded to appellant Vishnu were to rim concurrently.

(2.) The facts, as disclosed in the FIR and the evidence led by the prosecution, are that on 7.7.1991 at about 8.45 a.m. awireless message was received at P.S. Anand Parbat that a person named Khushi Ram has been murdered by knives near B-524, Bhairo Factory, Nehru Nagar, Anand Parbat and an officer should be sent. The information was recorded in D.D. No. 3A Ex.Public Witness 15/A by the duty officer of the police station whereafter Inspector Manmohan Singh, SHO of the P.S. Anand Parbat alongwith his staff rushed to the spot where on the side of the road he found the dead body of Khushi Ram apparently caused by sharp-edged weapon. Devraj PW 1, who is brother of deceased Khushi Ram, was present at the site. Inspector Manmohan Singh recorded his statement Ex.Public Witness 1 /A. In his statement Devraj alleged that he was residing at House No. 217-B, Gali No. 6, Nehru Nagar at Anand Parbat. On that day(7.7.1991)atabout8.30a.m.he and his brother Khushi Ram were going to the factory at Plot No. T-524, Main Road, Nehru Nagar. Khushi Ram was walking ahead. When the factory was about 40-50 steps from them he saw appellants Mahinder, Vishnu, Daulat Ram @ Kalia and Salim @ Langra, who were known to him since they resided in the same area, coming from the direction of the railway line, armed with open knife. They came towards Main Road, Nehru Nagar. On spotting them he alerted his brother and asked him to run away as Mahinder and others were coming. At the same time appellant Mahinder called out that Khushi Ram should be done away with and should not escape alive. They started chasing them. Near Shop No. 929, Janta Clinic appellant Salim @ Langra and Daulat Ram overpowered and fastened Khushi Ram in their grip. Their accomplices Mahinder and Vishnu, who had open knife with them, started murderous assault with knife on Khushi Ram. Khushi Ram on sustaining knife injuries started bleeding and collapsed to the ground. All the four assailants succeeded in escaping from the scene of crime. The occurrence was witnessed by him. Ram Swarup and some other residents of the locality. The four appellants in order to take revenge on account of old enmity have murdered his brother Khushi Ram.

(3.) On this statement Inspector Manmohan Singh recorded his endorsement Ex.Public Witness 17/A and sent it through a constable to the P.S. Anand Parbat for registration of a case under Section 302/34,Indian Penal Code and also called dog squad, crime team, photographer and the copy of the FIR to the place of occurrence.Public Witness 15 Head Constable Sher Singh was working as a Duty Officer in the police station at the relevant time. On receipt of the report of Inspector Singh alongwith statement ofPublic Witness 1 Dev Raj Ex.Public Witness1/A he registered the FIRofthecaseataboutl0.20a.rn. on the same day. Copy of the FIR recorded by him is Ex.Public Witness 15/B. After the registration of the case a cop of FIR was sent to Inspector Manmohan Singh 1.0. vide D.D. No. 5A Ex. PW 15/C. The crime team, dog squad and photographer were also called to the place of occurrence. Special report was also sent to the higher officers.