NARESH @ KALU Vs. THE STATE

JUDGEMENT

(1.) NARESH @ Kalu, Ashok and Balraj by the impugned judgment dated 20th July, 2011 have been convicted under Section 302 read with Section 149 of the Indian Penal Code, 1860 (IPC, for short) for murder of Dushyant Sharma. By the order of sentence dated 17th September, 2011 they have been sentenced to imprisonment for life and fine of Rs. 10,000/ - each and, in default of payment of fine, rigorous imprisonment for three months. For the offence under Section 307 read with Section 149 IPC, they have been sentenced to rigorous imprisonment for eight years and fine of Rs. 4,000/ - each and, in default of payment of fine, rigorous imprisonment for four weeks. The appellants have also been convicted under Section 148 IPC and sentenced to rigorous imprisonment of three years and fine of Rs. 1,000/ - each and, in default of payment of fine, they shall undergo rigorous imprisonment for one week. All the sentences are to run concurrently. The aforesaid case arises out of FIR No. 869/2006, Police Station Okhla Industrial Area, Delhi. It became a subject matter of the charge sheet in Session Case No. 23/2007. DD No. 44A, dated 30th September, 2006, (Exhibit PW -15/DA) was recorded at 6.41 A.M. and DD No. 43A was recorded at 6.45 A.M. on the basis of information from the Police Control Room that an accident had been reported near Okhla, Phase -I, Indira Kalyan Camp ahead of drain by Constable Mahipal. Another DD entry No. 46A dated 30th September, 2006 was recorded at 7.55 A.M. (Exhibit PW -23/B) by the duty Constable Vinod that an unknown person had been admitted in an unconscious condition, by Head Constable Makhanlal. The said person was taken to the hospital from Okhla Road Airtel office. By DD entry No. 41B dated 30th September, 2006, Section 302 IPC was added after it was medically known that the patient had died.

(2.) DURING the course of investigation, the deceased was identified as Dushyant, by identification memos Exhibit PW -5/A, (PW -15/C1 -C2) and PW -6/A (PW -15/C -3). The Post Mortem Report of Dushyant (Exhibit PW -17/A) and Death Report (Exhibit PW -15/C1) establish that the deceased had a homicidal death. The Post -Mortem Report (Exhibit PW -17/A) states that the deceased had the following 7 ante mortem injuries.

(3.) POST Mortem Report details that, on examination of the skull, it was noticed that there was extravasation of blood seen under the scalp. The skull showed linear crack fracture expanding from midline front area cranial fossa to upwards. There was subdural hemorrhage over the posterior part of left parietal temporal and occipital region. The spleen showed rupture on lateral border. The fourth metacarpel bone and proximal phalanyx of the left finger were fractured with associated hematoma, in addition to two abrasions including one present over the back. The first two injuries, individually and jointly, were sufficient to cause death in ordinary course of nature.