DALIP @ PAPPU Vs. STATE

JUDGEMENT

(1.) THE appellant-Dalip impugns the judgment dated 01.09.2009 and order on sentence dated 07.09.2009 of the learned Additional Sessions Judge in session case No.24/2009 by which he was convicted for committing offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life with fine of Rs.50,000/-. He was further sentenced to undergo rigorous imprisonment for three years with fine of Rs.10,000/- for committing offence punishable under Section 27 of the Arms Act. Both the sentences were to operate concurrently.

(2.) THE prosecution alleged that Daily Dairy (DD) entry No.19A (Ex.PW-1/A) was recorded at 8:35 P.M. at police station Anand Parbat by Head Constable Raj Bhadur Singh on getting an information from lady Constable Shashi of PCR about a firing incident at House NO.506, Deepak Dairy, Baba Farid Puri. The investigation was assigned to SI Jitender Tiwari who with Constable Dalvir Singh reached the spot and came to know that the injured had already been taken to Anand Nursing Home, Patel Nagar. In the meantime Constable Suman handed over copy of DD No.27A (Ex.PW-1/DA) recorded at police station Anand Parbat at 9:45 P.M. to SI Jitender Tiwari (IO) and he came to know that the injured had been admitted at Ram Manohar Lohiya Hospital (RML). On reaching there, he (the IO) collected the MLC of injured Bharat Bhushan who was declared unfit for statement. From the hospital, the investigation officer returned to the spot and met Rajesh Kumar @ Titoo who claimed to have witnessed the incident. The IO recorded his statement and sent the rukka for registering the case under Section 307 IPC. He also prepared site plan and seized the blood from the spot.

(3.) DURING the investigation, the IO sent exhibits to Forensic Science Laboratory (FSL) and subsequently collected the reports. On the night intervening 13/14.06.2003 the accused was apprehended and on his formal search, two live cartridges were recovered from the right side pocket of the pant. He was interrogated and his disclosure statement was recorded pursuant to which he led the police team to the Military Area near Farid Puri and got recovered a country made pistol from underneath the stones near the tree. The country made pistol to contain a fired cartridge. After completion of investigation, a charge-sheet was filed against the accused for committing the offences punishable under Section 302 IPC and under Section 27 Arms Act. The accused was duly charged and brought to trial.