DHARAMPAL Vs. STATE

JUDGEMENT

(1.) As per the prosecution 5 persons; Roshan Lal, his 3 sons Dharam Pal, Banwari Lal @ Vinod and Shashi Kant and his friend/neighbour Tilak Raj had acted pursuant to a conspiracy to cause the death of Ashok Kumar and gave effect to their evil desire on 11.11.1995. It is the case of the prosecution that all 5 gave effect to the conspiracy at 8:30/9:00 PM on 11.11.1995 and inflicted injuries with a sharp edged weapon and a blunt weapon opposite House Crl.A. No. 140/1999 Page 1of 16[RK1] No.A-33, Shivpuri Extension and as a result of the injuries Ashok Kumar died.

(2.) Vide impugned judgment and order dated 24.02.1999, the learned Trial Judge has acquitted accused Roshan Lal, Banwari Lal and Tilak Raj on the ground of lack of evidence and has convicted his sons Dharam Pal and Shashi Kant for the offence punishable under Section 302/34 Indian Penal Code, 1860. Vide order on sentence dated 3.03.1999 Dharam Pal and Shashi Kant have been sentenced to undergo rigorous imprisonment for life and pay fine in sum ofRs. 5000/-each.

(3.) The process of law commenced when an anonymous caller informed the Police Control Room that a murder has taken place in H. No. A-33, Shivpuri Extension, Link Road, which information was flashed through wireless and received at PS Krishna Nagar where HC Mahavir Singh PW-1, on duty, noted the same vide DD No. 16-A (Ex.PW-1/A) at 9:55 PM on 11.11.1995. SI H.R.Meena PW-19 was entrusted with the investigation and was hander over a copy of DD. No. 16-A. Who, accompanied by Ct.Kiran Pal PW-17 immediately proceeded to the spot.