PURSHOTTAM CHOPRA Vs. STATE

JUDGEMENT

(1.) Vide order dated 6.8.1998 the appellants were charged for having acted in furtherance of a common intention and having murdered Sher Singh at 3:00 PM on 18.12.1997 at a vacant plot No.17, Goverdhan Park, Dal Mill Road, Uttam Nagar. The appellants pleaded not guilty to the charge and hence the prosecution led evidence. At the trial, 19 witnesses were examined by the prosecution and the appellants led no evidence in defence.

(2.) Vide impugned judgment and order dated 30.1.1999 the appellants have been convicted for the offence of having murdered Sher Singh and vide order on sentence dated 2.2.1999 they have been sentenced to undergo imprisonment for life. The conviction has been rested on 2 dying declarations, accepting to be true, as made by Sher Singh firstly to Dr.Sushma PW-8 and as recorded on the MLC Ex.PW-8/A of Sher Singh followed by Sher Singh?s statement Ex.PW-16/B recorded by SI Rajesh Kumar PW- 16 who had reached Safdarjung Hospital where Sher Singh had been removed in a PCR van.

(3.) The case unfolds through Ex.PW-7/A recorded by Ct.Anju PW-7 who was on duty at the police control room and had made an entry in Form-I at the police control room recording the time 15:28 hours and the date 18.12.1997. She recorded that one unknown person rang up from telephone No.5590363 and gave the information that a person has set himself on fire near the bus stand adjoining Scooter Marker, Dal Mill Road, Uttam Nagar. Anju PW-7, the scribe of the entry proved the same at the trial.