MANOJ KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellants Manoj Kumar (A-1), Rajesh Kumar (A-2) and Rattan Dixit (A-3) have preferred the present appeal against the judgement dated 23.07.2009 and order on sentence dated 28.07.2009 of the Ld.Addl.Sessions Judge in SC No.252/2008 by which they were convicted for committing the offences punishable under Section 302/34 IPC and were sentenced to undergo imprisonment for life with fine of ' 3,000/- each.

(2.) The prosecution alleges that on 29.09.2002 at 10.40 P.M. Daily Diary Entry (DD) No.35 Ex.PW-17/A was recorded at police post Shakti Vihar by Const.Mahesh Kumar on getting information from lady Const.Kismat of PCR that an individual had been stabbed near liquor shop, house No.6, Pitam Pura. Investigation was assigned to SI Dharambir Singh; HC Lala Ram, Const.Sukhbir and Const.Vinod Kumar were already on patrolling duty in the area, near Dudyal Apartments, near Madhuban Chowk. At about 10.00 P.M., on hearing cries of pakdopakdo? they succeeded in nabbing A-1 and A-2 after chase with public. Const.Vinod took the injured Raj Kumar to the Baba Sahib Ambedkar Hospital where the doctor declared him brought dead . SI Dharambir on reaching the hospital collected the MLC. At the spot, Muni Sahni, the deceased s brother made statement to SI Dharambir and stated that when his brother Raj Kumar was returning to the house at 10.00 P.M. with his rehdi , the accused who was present near the toilet, outer ring road, demanded namkeen from him and on his refusal to do so, A-1 started beating him. He further stated that his brother Raj Kumar also slapped A-

(3.) SI Dharambir Singh made an endorsement on the statement and sent the rukka at 12.15 A.M. for registering the case under Section 302/34 IPC. IO summoned the crime team and the photographer; he prepared rough site plan; arrested A-1 and A-2; recorded their disclosure statements; and seized their pants and shirts. A-2 pursuant to disclosure statement, led the police team to a park and from the bushes got recovered a chura? used for stabbing the deceased. On 02.10.2002, the police arrested A-3 near the bus stand, Govind Puri and recorded his disclosure statement. During the course of the investigation, the IO conducted inquest proceedings and Dr.Ashok Jaiswal conducted the post-mortem of the body. The IO sent the exhibits to CFSL and collected its report. After completion of the investigations, the accused were charge-sheeted for committing aforesaid offences and were duly charged and brought to trial.