ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant Ashok Kumar against the judgment dated 22.01.1998 and order on sentence dated 27.01.1998 of the Ld.ASJ in SC No.159/1994 by which he was convicted for committing the offences punishable under Sections 302/307 IPC and was sentenced to undergo imprisonment for life with fine of Rs. 500/-.

(2.) Briefly stated the prosecution case is that on 10.11.1991, Daily Diary Entry (DD) No.5 was recorded at police post JPN Hospital at 7.00 A.M. by Const.Raghuvinder Singh on getting wireless message from a lady Const.Urmila regarding the apprehension of a thief at 175, Rouse Avenue Road, DDU Marg, Delhi. Investigation of the case was assigned to ASI Shamim Akhtar who reached the spot. Insp.Mazhar Hussain posted as SHO, PS IP Estate along with his staff also reached the spot. There they found that PW Satyavan and PW Vinod had caught hold of the accused who had injuries on his head and hands, in the open ground of the kothi. On coming to know that two injured persons had already been taken to JPN Hospital in a PCR van, Insp.Mazhar Hussain reached there. One of the injured, S.P.Goel, had already been declared dead by the doctor. Insp.Mazhar Hussain collected the MLC of the other injured Radha Goel, and once she was declared fit for statement, he recorded her statement, Ex.PW-1/A. She disclosed to the IO thus:

(3.) IO made an endorsement on the statement and sent the rukka for registering the case under Sections 460/302/307 IPC and under Section 27 Arms Act. On returning to the spot, the IO got the place of occurrence photographed; he lifted blood samples; seized the lathi with which the accused had been hit; seized the dagger produced by PW Satyavan; seized the blood stained clothes of PW Satyavan and that of the accused, and the dagger recovered from his search. On reaching at mortuary, he conducted inquest proceedings and sent the body for post-mortem. Dr.S.K.Khanna conducted the post-mortem on 10.11.1991 and detected eighteen external injuries on the body.