JOHNSON Vs. STATE

JUDGEMENT

(1.) The appellant-Johnson has preferred the present appeal against the judgment dated 22.03.2010 and order on sentence dated 01.04.2010 of Ld. Addl.Sessions Judge in SC No.571/2006 by which he was convicted for committing offence punishable under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.1,00,000/-.

(2.) Criminal law was set into motion at around 9:25 P.M. on 08.03.2006 when DD entry No.32/A (Ex.PW-12/A) was recorded by ASI Vijay Pal Singh to the effect that an individual has been stabbed near Sharma Dairy, at G-1/77, Shahid Chand Marg, Uttam Nagar, in front of State Bank of India. Investigation was assigned to Insp.Bhagwan Singh (PW-16) who along with ASI Jagpal and Ct.Rajnish reached the spot and came to know that the injured had been taken to DDU hospital. Leaving Ct.Rajnish at the spot, Insp.Bhagwan Singh and ASI Jagpal reached the DDU hospital and collected the MLC of one Deepak Sharma @ Deepu already declared as 'brought dead'. Ct. Subhash and one Harish were present there. Ct.Subhash Chander (PW-5) made statement that on 08.03.2006 while on patrolling duty, he reached near Sharma Book Depot, Shahid Chander Marg, Uttam Nagar at about 9:00 P.M., and saw one Deepak Sharma being attacked by three assailants. One of the assailants was a young boy aged about 13 or 14 years and the other was aged about 25 years, both had caught hold him; the third aged about 17-18 was tall and slim and was stabbing Deepak Sharma @ Deepu with a knife. When he tried to apprehend them, they ran in different directions. The injured disclosed his name Deepak @ Deepu and told him that the small boy (who had caught hold him) was Prince R/o Kali Basti; the bigger boy (who had also caught hold him) was Johnson (appellant herein) and the third who had stabbed him was Nand Kishore @ Nandu s/o Kishan Kabari. The injured also told him that the accused had an altercation with him two days back. Ct. Subhash Chander further disclosed that one Harish, known to the injured, reached the spot and they shifted Deepak in a Maruti Van and took him to DDU hospital. On the way to hospital, Deepak lost consciousness. When they were going to DDU hospital, on Najafgarh Road, Harish spotted one Mohd.Shakir and made him sit in the van.

(3.) SI Bhagwan Singh made an endorsement on the statement of Ct.Subhash (Ex.PW5/A) and sent the rukka for registering the FIR under Section 302 IPC. Investigation was taken over by Insp.Ishwar Singh(PW- 15). During the course of investigation, he inspected the spot and took the photographs; he summoned the crime team who inspected the spot; IO lifted blood, blood stained earth; sample earth; pair of chappals lying at the spot and prepared the necessary seizure memos; he also prepared the rough site plan and recorded statements of witnesses conversant with the facts.