STATE DELHI ADMINISTRATION Vs. RAMESH KUMAR

JUDGEMENT

(1.) The present murder reference arises from the Judgment/Order daled 27th/28th February, 1991 passed by Shri Padam Singh, Additional Sessions Judge, New Delhi, who convicted the accused under Section 302 Indian Penal Code and awarded death sentence in Sessions case no. 64/88 arising out of FIR No. 98/88, Police Station Hauz Khas, New Delhi.

(2.) The learned Additional Sessions Judge also imposed a fine of Rs. 1000.00 u/s302 Indian Penal Code. In default of payment of fine, the accused would further suffer rigorous imprisonment for one year. The accused was also sentenced u/s 27 of the Arms ACt with two years rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine, he shall further undergo rigorous imprisonment for six months. All the sentences shall run concurrently. The reference for confirmation of death sentence has been preferred. The accused has also filed appeal against the said judgment of the Additional Sessions Judge. The murder reference and accused's appeal is being disposed of by this Judgment.

(3.) The brief facts of this case are set out as under :- One Khema Nand Bhatt, prosecution witness no. 3, resident of 24, Alipur Road, Civil Lines, Delhi, lodged a report against one Ramesh Kumar u/s 302, Indian Penal Code and u/s 25/27/54 of the Arms Act, on 34.88 at Police Station Hauz Khas. According to the, prosecution version, Khema Nand was engaged in the work of filling the forms in the Transport Authority, New Delhi at the relevant time. Both the deceased Probir Roy and Pradeep Roy were brothers. Probir Roy who used to reside at 3/4. Underhill Road, Delhi, and Pradeep Roy, the other brother was living at X-28/A, Hauz Khas, New Delhi, alongwith his maternal uncle Dr. Prashant Banerjee, who was known to him for the last several years because of Probir Roy. Khema Nand Bhatt and Probir Roy used to visit Pradeep Roy frequently and sometimes in the evening, they used to take Chinese food from the catering van stationed near the Delhi Development Authority Flats SFS, Hauz Khas. New Delhi.