MONTU @ BAHADUR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellants impugn their conviction under Section 302 and 394 read with Section 34 of the Indian Penal Code 1860 (IPC for short). For the offence under Section 302 IPC, the appellants have been sentenced to life imprisonment and fine of Rs. 10,000/- each, in default of payment of fine, they are to undergo rigorous imprisonment for two months. For the offence under Section 394 IPC, the appellants have been sentenced to rigorous imprisonment for ten years and fine of Rs. 2,000/- each, in default of payment of fine, they are to undergo rigorous imprisonment for fifteen days. The prosecution case, accepted by the Trial Court, is that the two appellants had committed robbery at N-10, Sanik Farm, New Delhi, on 3 rd October, 2003, at about 08.00 P.M., and in the course, committed murder of Ajay Kumar, who expired the same day, and injured Pamelia Parkash (PW-2).

(2.) Homicidal death of Ajay stands established, beyond doubt, by Dr. Asad (PW-7) who conducted and proved the MLC marked Ex.PW- 7/A. He has stated that, on 3 rd October 2003, Ajay was brought to the hospital but, on clinical examination, it was observed that he had already expired.

(3.) As per the Post Mortem Report (Ex. PW-3/A) and the statement of Dr. Chitranajan Behra (PW-3), who had conducted the postmortem, the deceased Ajay had the following ante mortem injuries :