SUBHASH Vs. STATE

JUDGEMENT

(1.) THIS is an Appeal against the judgment dated 18.10.2004 and order dated 25.10.2004 whereby the Appellant was held guilty of the offence punishable under Section 302/34 of the Indian Penal Code (,,the Code) and was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- or in default to undergo Rigorous Imprisonment for a period of one year.

(2.) ACCORDING to the prosecution on telephonic information from one Satish Kumar son of Late Kundal Lal DD No.36 Ex.PW-12/A was recorded by PW-12 Constable Sudesh Kumar in Police Post Tis Hazari, Police Station (PS) Subzi Mandi. The intimation was that a person was murdered in the Gole Canteen, Civil Side, Tis Hazari Court. Constable Sudesh Kumar (PW-12) handed over the DD entry to ASI Joga Singh for inquiry and transmitted the information to the SHO as well as Additional SHO, PS Subzi Mandi. ASI Joga Singh, Constable Narender and Constable Zilajeet immediately proceeded to the Gole Canteen. In the meanwhile, Inspector Jai Bhagwan also reached the spot and recorded statement of Ramesh (PW-3), an eye witness to the incident. It was revealed that the Appellant and co-accused Ramesh @ Bori had initially grappled with deceased Mukesh, struck his head against a bench and the floor. Thereafter, they put a PVC pipe around the neck of Mukesh and pulled it, as a result of which Mukesh fell down. He was dragged inside the Canteen by pulling the PVC pipe which was tied around his neck, like a loop. PW-3 Ramesh also informed Inspector Jai Bhagwan that Subhash used to work in the Chana Bhatoora shop and was resident of Village Devpura, District Sidharth Nagar, U.P. whereas co-accused Ramesh @ Bori used to work in the juice shop and was also resident of Village Devpura, District Sidharth Nagar, U.P.

(3.) DURING trial, the prosecution examined as many as 16 witnesses. Out of which, PW-3 Ramesh Singh @ Tinku, PW-5 Satish Kapoor, contractor of Gole Canteen, PW-7 Constable Ramesh Kumar, PW-15 SI Khalid Akhtar, who was associated in the investigation of the case and PW-16 Inspector Jai Bhagwan, Investigating Officer of the case, are the material witnesses.