SATNAM SINGH @ HARJEET SINGH Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 05.09.1997 and order on sentence dated 10.09.1997 of the learned Additional Sessions Judge in Sessions Case No.396/96 by which he was convicted for committing offences punishable under Section 302/307 IPC and sentenced to undergo imprisonment for life and a fine of Rs2,000/- under Section 302 IPC and rigorous imprisonment for 10 years with a fine of Rs 1,000/- under Section 307 IPC. Both these sentences were to operate concurrently.

(2.) The prosecution alleges that on 20.09.1990 Daily Diary (DD) Entry No.66 (Ex.3/DC) was recorded at 10.05 P.M. by Head Const. Balbir Singh on getting telephonic information from duty Constable Ranga Rao, DDU hospital, that one Gurvinder Singh injured in a quarrel at Tilak Nagar Chowk, was admitted by one Tejinder at DDU hospital. The investigation was assigned to ASI Amar Pal Singh who with Ct.Jagdish reached the DDU hospital. At 10.55 P.M. Const.Ranga Rao informed Duty Officer of PS Tilak Nagar on phone that Head Const.Dalveer Singh had brought the dead body of an unknown person at the DDU hospital from Water Tank, Tilak Nagar, Nazafgarh Road. He recorded Daily Dairy (DD) No.72-B (Ex.PW3/DD) and assigned the investigation to SI Anil Kumar Bhardwaj who with Const.Raj Kumar reached the DDU hospital.

(3.) Inspt. S.S.Rathi (PW-34) with ASI A.Abbas, Const.Ajit Singh and Const.Darshan Singh were on patrolling duty in the area on the night intervening 20-21/9/1990. At about 11:15 P.M. after receiving information on the wireless that an individual who was injured at Tilak Nagar crossing, water tank was 'brought dead' in the DDU hospital, he went to the spot and saw one motorcycle bearing No. DNE-7527, a black turban cloth and a plastic chappal lying there. Inspt.Rathi (PW-34) (IO) proceeded to the DDU hospital and met ASI Amar Pal Singh and SI Anil Kumar (already present there) and collected two MLCs i.e. one of Gurvinder and the other of an 'unknown' person 'brought dead' in the hospital from them. Gurvinder (PW-6) was declared fit to make statement and the I.O. recorded his statement. He stated that on that day at about 8:30 P.M. when he was present at his shop, Iqbal (PW-5), his friend informed him that one 'Satnam' had inflicted knife blows to his maternal aunt and she was in the hospital. He further stated that since they were planning to open a weight lifting club at Janakpuri, they left on the motorcycle. (PW-5) Iqbal took his friend Devinder @ Tinku (since deaceased) to accompany them to Janakpuri. Thereafter, they went to Tejinder Singh's house, borrowed his motorcycle and left for Janakpuri.