DEEPAK Vs. STATE

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 29 th August, 2009 passed by the learned Addl. Sessions Judge, New Delhi arising out of FIR No.297/07 registered under Section 302 read with section 34 IPC wherein appellant Deepak has been convicted for the offence punishable under Section 302 IPC. The appeal is also directed against the order of sentence dated 10 th September, 2009 whereby the appellant has been sentenced to undergo life imprisonment and to pay a fine of Rs.10000/- and in default of payment of fine to undergo simple imprisonment for six months. The co-accused i.e. the father of the appellant has been acquitted of the charge.

(2.) The case of the prosecution is that complainant Hans Raj, PW5, had made a statement to the police, Ex. PW5/A, alleging that on 21 st April, 2007, his father Wazir Singh, i.e., the deceased had gone to Patiala House Courts to attend a complaint case filed by him against his brother Sri Kishan i.e., the accused in the present case as well as his sons Deepak i.e., the appellant, Ram Khiladi and wife of Sri Kishan and Santosh wife of Kailash. All the aforesaid persons had also gone to attend the said case on the said date. At about 1.30 pm his father i.e., the deceased had returned to his house i.e., House No.616, Village Devli. When Hansraj PW-5 went to meet the deceased, he told him that he had come back with the aforesaid persons in the same bus and when he had got down at Devli bus stand, his son Sri Kishan and appellant Deepak had abused him and he did not say anything to them and came back to his house quietly. It is alleged that when complainant Hans Raj, PW-5, was taking his father i.e., deceased to his house and reached the door of his house, appellant Deepak and his father Sri Kishan were standing in front of their house and started abusing and beating the deceased. On hearing the commotion, both the sons of Hans Raj-PW5 came out and tried to save the deceased from the accused persons. In that process, there was a scuffle between appellant Deepak and Sandeep, PW1. Thereafter appellant Deepak went to his house while Sri Kishan continued quarrelling with the deceased. Immediately, Deepak came back with a stick like object in his hand and from that he took out a Gupti and uttered the words that AAJ DADA KA KAAM TAMAM KAR DETA HU and stabbed in the stomach of deceased with the said Gupti and at that time co-accused Sri Kishan had held deceased Wazir Singh from his back. Thereafter appellant and co-accused ran towards their house and both the sons of Hans Raj PW-5 brought the deceased to their house and made him lie on the cot. It is alleged that thereafter Hans Raj PW-5 called 100 number from his mobile. It is alleged that blood was flowing profusely from the stomach of the deceased. He was taken to Batra hospital in the car of a relative, namely, Dharmaveer. The doctor of the said hospital had declared him as having been brought dead. It is alleged that Sri Kishan and his son Deepak had committed the murder of Wazir Singh. On the said statement, IO had made the endorsement and got registered FIR Ex.PW 11/E against the appellant as well as coaccused under Section 302/34 IPC. Thereafter, the Additional SHO Sandeep Byale, IO PW-11, reached the spot with his staff. The crime team was called at the spot and took photographs Ex. PW11/F1 to F4. The blood, earth control, blood samples were lifted from the spot by the I.O. PW-11 and the same were seized by preparing memos Ex.PW5/D. The I.O. PW-11 also seized one mattress, bed-sheet from the cot by preparing memo Ex. 11/G. The I.O. PW-11 also prepared the site plan and thereafter went for the search of appellant and coaccused with Hans Raj PW-5.

(3.) As per prosecution case, appellant Deepak as well as co-accused Sri Kishan were arrested on the same day i.e., 21 st April, 2007 at Holi Chowk, Devli Gaon, New Delhi by the Investigating Officer PW-11 vide arrest memo Ex. PW-5/B and Ex. PW-5/C respectively. On interrogation, they had made separate disclosure statements PW 5/E & PW 5/F respectively. On the pointing of appellant-Deepak alleged weapon of offence Gupti Ex.P-1 was recovered from his house which he had kept beneath the stairs of his house i.e., house No.499 A, Devli village, which was seized vide Ex.PW-5/B. After completing necessary formalities in this regard, postmortem examination of deceased was got done at AIIMS. The weapon of offence Ex.P-1 which was seized during investigation was also sent to the concerned Doctor who had conducted the postmortem examination of deceased and his opinion was also taken in this regard.