MANJEET SINGH @ BABLOO Vs. STATE

JUDGEMENT

(1.) THIS appeal impugns a judgment and order of the learned Additional Sessions Judge, dated 8 -10 -2010, in SC No. 19/2007, whereby the appellant, Manjeet Singh was convicted for the offences punishable under Sections 394/302/307/411 IPC and sentenced to undergo imprisonment for life, and also various other prison terms; he was also asked to pay fine. All the sentences were to operate concurrently. The facts of this case are that on 09.10.2006, DD No. 59B (Ex. PW14/A) was received by Inspector Joginder Kumar of P.S C.R. Park (PW -30 and IO in the case) regarding a murder which had taken place at 52/6 C.R. Park, New Delhi. The IO then assigned SI Raj Kumar PW -14 to the present case also. When they reached the scene of murder, they found that the first floor premises of this house was locked and they found out that the elderly couple who resided in that house had been taken to Max Hospital, Saket, both of them in seriously injured condition. PW -30 and PW -14 left for the hospital where Shri Mohan Singh (the complainant) and his wife Smt. Surjeet Kaur (now deceased) had been admitted, leaving the crime scene in the care of PW -12, Constable Jagdish. At the hospital, Mohan Singh PW -2 was declared fit to give a statement, which was recorded in question and answer form. In the statement, he said that Manjeet Singh, had gone to their house at about 6.30 P.M. in the evening and had asked him to pay Rs.5 Lakhs. He had visited them before as well since he wanted them to buy a house. He tried to strangulate his wife and him and when they started to make noise, he attacked them with a knife. His statement is Ex. PW -2/A, and was recorded by PW -30. On the basis of the statement, the rukka was recorded, and from this, the FIR (Ex. PW -8/A ) under Section 307 IPC was registered.

(2.) THE investigation was carried out and recoveries were made including a visiting card of the accused all of which were seized from the spot. Others were blood stained earth, knives, and a denture. From the accused's family, his photographs were seized, and witnesses' statements were recorded. Their search for the accused was however, unsuccessful. On 10.10 2006, Smt. Surjeet Kaur expired, and Section 302 was added to the FIR. Inquest proceedings were conducted as well as the postmortem. On 31.10.2006, the accused allegedly had moved an application for his surrender before the Ld MM. However, he did not appear before the Court, and was actually arrested (Ex. PW -6/B), on the basis of secret information, outside Gurudwara Bangla Sahib, Rs.12,500/ was seized from him which was believed to be a part of the Rs.20,000/ he had looted from the complainant's house (Ex. PW -6/C) and his disclosure statement was recorded (Ex. PW -1/A).

(3.) BEFORE the Trial Court, the accused pleaded his innocence, and the case was committed for trial. In support of its case the Prosecution examined 30 witnesses and put on record other physical evidence. The Court found that the accused's guilt had been proved beyond reasonable doubt for the commission of the offences under Sections 394/302/307/411 and he was punished for the offences under Sections 307 and 394 IPC, with imprisonment of 7 Years each and a fine of Rs.5,000 each; for the offence under Section 411 IPC, with imprisonment for 1 year and a fine of Rs.1,000 and for the offence under Section 302 IPC, with imprisonment for life and a fine of Rs.10,000. These sentences were to run concurrently.