TINKU Vs. STATE

JUDGEMENT

(1.) Appellants Tinku, Dharmender @ Johney and Nitin Yadav have challenged the judgment and order on sentence dated 04.08.2009 and 06.08.2009 respectively, passed by Ld. Addl. Sessions Judge whereby all of them were convicted for the commission of offence punishable under Section 302/34 IPC and were sentenced to undergo life imprisonment with fine of Rs. 3,000/- each. In brief, facts of the prosecution's case are as under :

(2.) On receipt of DD No.25 dated 11.08.2005, Police Post Sangam Park made a record, at about 6.05 P.M., on receiving such information from the PCR about an injured boy lying in front of A-8- 45/46, Rana Pratap Bagh, Kabir Nagar, Peer Wali Kothi. When ASI Jai Prakash reached the spot, the PCR was already there and its members were in the process of taking the injured to the hospital. ASI Jai Prakash deputed Ct. Balwan Singh to accompany the injured in that PCR van. The injured was admitted at Hindu Rao Hospital where he was declared "brought dead". ASI Jai Prakash on reaching the hospital collected the MLC of the deceased Ramesh and made an endorsement on the copy of DD No.25 and sent the Rukka for registration of FIR.

(3.) On reaching the spot, Inspector Y.K.Sharma, SHO, P.S. Model Town recorded the statements of the concerned witnesses including that of Kishan Kumar brother of the deceased at about 11.00 P.M. On 13.08.2005, the appellant Dharmender was arrested at the bus stand in front of Gurudwara Nanak Piao at the instance of a secret informer. In pursuance of the disclosure statement made by him, a danda lying in the bushes near the spot was seized.