PRADEEP ALIAS SANJAY Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.11.1997 and the order on sentence dated 28.11.1997, whereby the Appellants Pradeep and Dinesh were convicted for the offence punishable under Section 302 and 201 read with Section 34 of the Indian Penal Code ("IPC'). They were sentenced to undergo imprisonment for life and to pay fine of 500/- each under Section 302/34 IPC. In default of payment of fine, the Appellants were sentenced to undergo further rigorous Imprisonment for one month. They were further sentenced to undergo rigorous Imprisonment for one year and to pay fine of 500/- each under Section 201/34 IPC. In default of payment of fine, the Appellants were sentenced to undergo further Simple Imprisonment for one month.

(2.) The facts of the case can be extracted from para 1 to 4 of the impugned judgment. These are:

(3.) Further case of the prosecution is that the both accused persons had pointed out the places from where they had kidnapped the deceased. The I.O. prepared the site plan of the said place. The accused persons led the police party to Gandha Nala to get recover the knife and the school bag but the same could not be recovered. Again both the accused persons were interrogated at the police station and their further disclosure statements regarding the recovery of knife and bag were recorded. On 7.4.94, both the accused persons got recovered clothes which they were allegedly wearing at the time of commission of the offence from their houses. The necessary memos to that effect were prepared by the I.O. One scooter No. DDA-5783 found standing on the ground floor of the house of the accused persons allegedly used in carrying away the deceased from the place of kidnapping was also seized by the I.O. vide seizure memo. On 7.4.94, both the accused persons were got medically examined at DDU hospital. Their sample hairs were also taken there. Further case of the prosecution is that thereafter, both the accused persons led the police party to Swaran Park, Nangloi. The accused Pradeep got recovered knife from the bushes there. The knife was measured and its sketch was prepared by the I.O. The same was seized vide seizure memo after sealing the same with the seal of "YSY". The accused Dinesh got recovered one school bag from the drain under railway line from nearby place. The school bag was contained books, exercise books and other articles. These were identified by Raj Kumar. The I.O. prepared the pullandas of the articles containing the bag and that of the bag and seized the same vide seizure memo. On return to the police station, the IO deposited the case property at the malkhana of PS Kirti Nagar.