ALOK KUMAR Vs. STATE

JUDGEMENT

(1.) Appellants Alok Kumar Singh(hereinafter referred A- 1), Santosh Kumar(hereinafter referred A-2) and Sanjay Kumar Mishra (to be referred A-3) have preferred appeals against the judgment of the Ld.Additional Sessions Judge dated 19.11.2001 in SC No.84/1998 by which A-1 and A-2 were convicted for committing offences punishable under Sections 302/397/34 IPC. A-3 was convicted for committing offence punishable under Section 411 IPC and under Section 25 Arms Act. All the Appellants were sentenced to undergo various prison terms as mentioned in the order on sentence dated 23.11.2001.

(2.) The facts emerging from the record of the case are that Ganesh Parshad Singh (hereinafter described as 'deceased') and his wife Ms.Mala Singh used to reside at E-118, Shastri Nagar on rent prior to the incident (i.e. 02.05.1998). He also used to carry on business under the name & style of Parmar Plastic at the said premises.

(3.) On 02.05.1998 DD No.34-D was entered at PS Sarai Rohila on the receipt of a wireless message from North District Control Room about a murder at E-118, Indra Park, Shastri Nagar. SI Ram Avtar along with Ct.Jagdish reached the spot for enquiry. Inspector Tilak Raj Mongia, on getting intimation at 3.05 P.M. at Tis Hazari Court, rushed to the spot along with ASI Iqbal Singh and other police personnel where dead body of a male (whose name was ascertained Ganesh Parshad Singh) was found. Vipin Kumar, Manager in the deceased's firm made a statement to the police. He disclosed that he was an employee of the deceased from January, 1998 and had reached the office at about 7.30 A.M. that day. After some time, A-2 also reached there. At about 12.30 P.M., when he returned after getting the goods loaded, he found deceased, A-1 and A-2 in the house. The deceased asked him to bring payment of Rs. 20,000/- from M/s.Shiv Trading, Vishwas Nagar, Shahdara. He left on a scooter, No. DAM 2032 for Shahdara leaving both A-1 and A-2 with deceased in the house. When he returned after collecting cash from Shiv Partap and reached in the corner of the gali at about 2.15 P.M., he saw a large crowd gathered there. Both the doors of deceased's house were forced open. On entering the room, he saw the deceased lying in a pool of blood. The deceased's new scooter Vespa No.DL-5SH-0303 was missing; Both A-1 and A-2 were also not present there.