SEEMA Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellants Raghunath @ Nanha Bachcha (A-1), Hari Nath @ Bada Bachcha (A-2), Soni @ Natul (A-3) and Seema (A-4) have preferred the present appeals against the judgment dated 14.01.2009 and order on sentence dated 16.01.2009 of Ld.ASJ in SC No.37/2006 by which they were convicted for committing the offences punishable under Sections 302/307/34 IPC and sentenced to undergo imprisonment for life with fine.

(2.) The prosecution alleges that on 17.11.2005 at 9.00 A.M. Daily Diary (DD) Entry No.19-B (Ex.PW-10/A) was recorded by Const.Mukesh Kumar at police station Model Town, on getting information from Const.Jai Singh, PCR that an individual has been stabbed in a quarrel at house No.203, Gur Mandi, G.T.Karnal main road. The investigation was assigned to ASI A.A.Khan, who, with Const.Rakesh Kumar reached the spot. PW-21 Insp.Hira Lal also reached the spot and came to know that the injured had already been taken to Hindu Rao Hospital. On reaching there, PW-21 collected the MLC of Ravi Panchal who had been declared 'brought dead'. Injured Arjun Panchal (PW-3) was declared fit to make a statement and Insp.Hira Lal recorded his statement. PW-3 stated that on 14.11.2005 at about 4/5 P.M. A-1 had teased his wife Durgesh and sister Meenu. On that day i.e. 17.11.2005 at about 8.00 or 8.20 A.M. when A-1 was going in front of their house, his brother Ravi Panchal (since deceased) enquired from him (A-1) why he had teased Durgesh and Meenu. On that, A-1 became furious, slapped his brother Ravi Panchal and went to his house threatening that he would 'return' soon. PW-3 further stated that soon thereafter, A-1returned with his elder brother A-2, A-3 and sister A-4, armed with a churi in his right hand. A-1 stabbed him with that churi on his chest immediately as a result of which he fell down at the spot. Before he could get up, A-3 and A-4 caught-hold of him. In the meantime, when his brother Ravi Panchal rushed to save him, A-2 caught-hold of him and A-1 stabbed him with the churi. Ravi Panchal fell down, bleeding profusely. On their raising alarm, A-1 to A-4 started pelting stones at them. The police reached the spot upon hearing the noise and succeeded in apprehending A-1, A-2 and A-4 at the spot. A-3 fled from the spot.

(3.) Insp.Hira Lal made his endorsement upon the statement and sent the rukka at about 11.30 A.M. for registering the case under Section 302/307/34 IPC. On reaching the spot, Insp.Hira Lal (IO) prepared the site plan at the pointing out of Harish Panchal; seized his blood stained pant; seized the blood sample, earth sample and also prepared the necessary seizure memos. He summoned the crime team and got the crime scene photographed. During the course of investigation, he prepared the inquest papers and sent the dead body for post-mortem. Dr.M.K.Panigrahi conducted the post-mortem of the body. The IO sent the exhibits to CFSL and collected its report. He arrested A-1, A-2 and A-4 at the spot and set out to apprehend A-3 but he could not be traced. Subsequently, A-3 surrendered in the Court and was arrested. After completion of the investigations, A-1 to A-4 were charge-sheeted for committing the aforesaid offences and were duly charged and brought to trial.