PRAVEEN Vs. DEVA

JUDGEMENT

(1.) IN these appeals by Praveen (A -1) and Deva (A -2), the judgment dated 26.11.2011 and order on sentence dated 29.11.2011 of learned Additional Sessions Judge in SC No. 116/2010 have been impugned. They were convicted for committing the offences punishable under Sections 302/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs.5,000/ - each. A -2 was in addition convicted for the offence punishable under Section 27 Arms Act and sentenced to undergo imprisonment for three years with a fine of Rs.5,000/ -. Both the sentences were to operate concurrently.

(2.) THE criminal law was set into motion at around 10.29 P.M. on 07.07.2002 when Daily Diary (DD) Entry No.55 -B (Ex.PW -12/A) was recorded by Constable Rakesh Kumar at police station Sultan Puri on getting information from Constable Rakesh of PCR that an individual was stabbed at Bus Stand, Sultan Puri. The investigation was assigned to SI Vinod Kumar who with Constable Jagdish reached the spot. At 10.40 P.M. Daily Diary (DD) Entry No.56 -B (Ex.PW -12/B) was recorded on getting information from Dr.Sudeep of Brham Shakti Hospital that an individual was brought 'dead' by his brother Rakesh.

(3.) SI Vinod Kumar made an endorsement on the statement and sent the rukka through Constable Jagdish for registering the case under Sections 302/34 IPC and 25, 27 Arms Act. The investigation was taken over by Insp.Sukhwinder Singh, SHO, PS Sultan Puri (IO). The police team with the complainant reached the spot; the crime team inspected the place of occurrence and the photographer took the photographs from different angles. The IO prepared the rough site plan at the instance of the complainant; seized blood, a blood stained sugarcane strip, an envelope and prepared necessary seizure memos. He recorded the statements of Jagdish Chand Sharma and Satpal and set out to apprehend the assailants. On 08.07.2002, the IO prepared the brief facts and sent the dead body for post -mortem. Dr.Komal Singh conducted the post -mortem of the dead body.