MUKESH KUMAR Vs. STATE

JUDGEMENT

(1.) THESE three appeals are filed against the impugned judgment dated 3rd February, 2010 passed in Sessions Case No.49/2008 by the Additional Sessions Judge, New Delhi arising out of FIR No.193/2004 Police Station Dwarka u/s 302 IPC wherein all the three appellants have been convicted u/s 302 IPC. The appellants Deepak and Hari Singh are further held guilty and convicted for committing the offence u/s 404 IPC. The appeals are also directed against the order of sentence dated 18th February, 2010 wherein all the three appellants have been sentenced to imprisonment for life and to pay a fine of Rs.2000/- each under section 302 IPC and in default of payment of fine to further undergo RI for three months. For committing offence u/s 404 IPC, appellants Deepak and Hari Singh have been further sentenced to undergo RI for a period of one year with fine of Rs.1000/- and in default of fine to undergo RI for a period of one month. It is further directed that both the sentences shall run concurrently.

(2.) THE case of the prosecution is that on 3rd May, 2004 DD No.16A was got recorded at Police Station Dwarka. A copy of the same i.e., Ex.9/D9 was given to ASI Bhupender Singh, PW-21 who had reached the spot i.e shop nos T5 & 6, 3 rd Floor, Manish Abhinav Plaza II, Sector 5, Plot no.5, Dwarka. He found blood lying at the spot. THE owner of office was not found there. In the meantime, SHO, Inspector Umesh Singh, PW-24 along with other police officials had also reached the spot. Furniture and other articles were found ransacked in the office. THE furniture in the office and computer were lying in a scattered condition. THEre they came to know that deceased Rajeev Soni had already been taken to Sarthak Medical Centre, Palam Village. Inspector Umesh Singh, PW-24 had left ASI Bhupinder Singh at the spot and he himself had gone to Sarthak Medical Centre where he found the dead body of Rajeev Soni on the rear seat of the car. He found injury marks on the neck of deceased caused by some weapon. Inspector Umesh Singh, PW-24 recorded the statement Ex.PW 9/D-5 of Avinash Kumar, PW-1, brother-in-law of deceased on which he had made his endorsement Ex.PW 24/A and sent the rukka through Constable Raj Pal Singh, PW- 18 for registration of case. Inspector Umesh Singh, PW-24 had conducted the inquest proceedings and filled up inquest form Ex.PW 9/D-3. He also moved an application Ex.PW 9/D-1 for conducting the postmortem examination of the deceased. THEreafter he came to the spot with complainant Avinash Kumar, PW-1 and on his pointing out, a site plan Ex.PW 24/B was prepared. From the spot he lifted blood stains with the help of cotton which was kept in a plastic bottle and was sealed with the seal of US. THE blood from the walls of the room was seized by completing necessary formalities. One red cloth piece having blood stains and other necessary articles were also seized from the spot after completing formalities. IO Inspector Umesh Singh, PW-24 also lifted hair with blood lying at the spot and had kept the same in a plastic bottle which was sealed with the seal of US. One ear phone with plastic code having blood stains, one electric wire, one broken blade having blood stains which were lying on the floor were also seized after completing necessary formalities. All the aforementioned articles were seized vide memo Ex.PW 21/A. THE Crime team had also reached the spot and inspected the site. THE scene of crime was also photographed.

(3.) THE Charge was framed against all the appellants for having committed offence u/s 302/34 IPC and a separate charge was framed against appellants Deepak and Hari Singh for having committed offence punishable u/s 404 IPC. All the appellants pleaded not guilty in respect of charges framed against them and claimed trial.