MADAN GOPAL YADAV Vs. STATE

JUDGEMENT

(1.) By this Judgment, we shall dispose of the present appeal which has been filed against the Judgment of conviction dated 28.04.2018 and order on sentence dated 17.05.2018 passed by the Addl. Sessions Judge-02, South District, Saket Courts, New Delhi vide which appellant Madan Gopal Yadav has been convicted U/s 302/324 IPC and sentenced to undergo rigorous imprisonment for life and to pay a sum of Rs. 5,000/- as fine for the offence U/s 302 IPC and in default of payment of fine, simple imprisonment for two months. He has also been sentenced to undergo rigorous imprisonment for 01 year and to pay a fine of Rs. 1000/- U/s 324 IPC and in default of payment of fine, simple imprisonment for 15 days.

(2.) In brief, the facts of the case are that on receiving DD No.6-B dated 07.06.2012, SI Mukesh Kumar Meena alongwith Ct. Surender reached at the spot i.e. Kothi No. A-1/38, SJ Enclave, where he met Varun Lamba. Varun Lamba stated that his servant Dinesh and one more person are lying outside the servant quarter and their bodies are blood stained and they are unconscious. In the meanwhile, PCR and CAT ambulance also reached there. Dinesh Kumar was found dead and injured Shrawan was removed to the hospital. Blood stains were found till second floor and two mobile phones were also lying there. Blood stained knife was also recovered which was lying near the legs of injured. On the second floor of the house, one person Gopal (the present appellant) was present and was in panic condition. He was interrogated. On the right hand and on his face, one stab wound was noticed. Thereafter ruqqa was prepared and FIR of this case was registered and investigation went underway.

(3.) After the completion of the investigation, challan was filed before the court of Metropolitan Magistrate, who after completing all the formalities committed the case to the Court of Sessions for trial.