ANIL KUMAR GOSWAMI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Appellant-Anil Kumar Goswami, along with Yashbir Singh and Dinesh Goswami (since acquitted) was arrested by the police in case FIR No.322/1994 registered at Police Station Bhajanpura and were challaned for the commission of offences punishable u/S 120-B and 302 IPC. The learned Trial Court convicted the appellant for the commission of the offence punishable u/S 302 IPC and acquitted the other co-accused persons namely Yashbir Singh and Dinesh Goswami. The appellant was sentenced to undergo life imprisonment.

(2.) Present case was registered on the statement of Dr. Dhan Pal Singh (PW-4), father of the deceased-Pawan Kumar on 01.07.1994. In his statement made to the police, Dr.Dhan Pal Singh disclosed that his deceased son (Pawan Kumar) used to assist him in his clinic being run at his house. On 01.07.1994 at about 04:35 p.m. his deceased son Pawan Kumar had taken key of the cycle and had left the house. He thought that his son-Pawan Kumar (deceased) had gone to open the clinic.

(3.) At about 5.00 p.m. Dr.Dhan Pal Singh (PW-4) heard a noise outside his house that his son (Pawan Kumar) was stabbed with knife at Mandir Wali Gali. On hearing the noise, he reached at the spot and saw one three wheeler scooter bearing No. DL-IR 5943 near house No.B-120. Dead body of his son-Pawan Kumar was found lying in sitting posture on the rear seat of the TSR. Cycle of his son was standing behind the TSR. He immediately rushed on the cycle to Brahmpuri to inform his relatives and brought his father-in-law at the spot. The police also arrived at the spot.