RAJINDER Vs. STATE OF DELHI

JUDGEMENT

(1.) This judgment will dispose of Crl. Appeal Nos. 296/1997, 477/1997, 38/1998 and 98/1998. They are directed against a common judgment and order of the Additional Sessions Judge, Delhi, dated 20.05.1997, in SC No. 61/1996.

(2.) The prosecution case, in brief was that on 05.09.94, around 3:00 PM, the Appellant Rajender along with the Appellant Pappu @ Pandit, were urinating in Trilok Puri, near 19/350, under the influence of liquor. It was alleged that PW-2 Chander Mohan was passing by, and asked them not to do so. At this, the two of them, i.e. Rajender and Pappu, caught hold of PW-2; upon hearing the commotion, Vijay (hereafter, "the deceased") and others from the locality (mohalla) reached the spot, and pacified the attackers; upon this, Rajender, while leaving the spot, threatened Vijay and his brother (Bal Kishan, hereafter called "PW-1") that they would be killed. The accused Rajender, under the influence of liquor, apparently had received injuries at that time. It was alleged that on 07.09.94, at about 1:00 PM in the afternoon, when Vijay was drinking water from a tap located opposite his house, and PW-1 as well as PW-2 were sitting outside on the floor, at their doorstep, the Appellants reached there. It is alleged that the Appellant Pappu asked the others to kill Vijay, pointing him out to them. Raj Pal caught hold of Vijay by both his hands, from behind him; Rajender, armed with a knife, and Anoop, with a sword, stabbed Vijay repeatedly; he started to bleed profusely. Thereupon, PW-1 and PW-3 raised an alarm; the Appellant Anoop pointed his sword at them, and threatened that anyone approaching them would be killed. All four Appellants ran away from the spot. PW-1 and PW-2 took Vijay, in a TSR to JPN Hospital, where he was declared brought dead. It is alleged that the police received intimation, by telephone, and a DD entry (Ex. PW-16/A) was made. ASI Vijay Pal proceeded to the hospital, where he collected the MLC of the deceased (Ex. PW-3/A). PW-16 recorded the statement of PW-1; the case was forwarded for registration of FIR, through endorsement, Ex. PW-16/B. Photographs of the spot were taken and investigation commenced.

(3.) It was alleged that on the same day, at about 10:00 PM, upon receipt of secret information, the Appellants were arrested, near No. 13 Block bus stand of Trilok Puri. It was alleged that the search of Appellant Rajender led to recovery of a 12.1" churra with an 8" long blade. Appellant Anoop Kumar disclosed that he had thrown away the sword, behind the wall near the bus stand. He led the police party to a wall in Block 13 which led to the discovery of the sword, which was behind a wall. Inquest proceedings were held, and recorded as Ex. PW-16/D. Brief facts Ex. PW-16/E were recorded and forwarded with a request for holding post mortem of the body. The post mortem report was received, as also the CFSL report. The police filed the charge sheet in court, which led to the Appellants being charged with committing the offences punishable under Sections 302/34 IPC. Charges under Sections 27/54/59 of the Arms Act, were framed against the Appellants, Anoop Kumar and Rajender Kumar. The prosecution relied on the testimony of sixteen witnesses; the main witnesses who deposed in the case, and whose testimonies were relied on by the Trial Court, to record the findings of guilt, were P Ws 1 and 2, PW-11, the doctor and PW-16, Inspector Ashok Kumar.