VED YADAV Vs. STATE

JUDGEMENT

(1.) This appeal assails the impugned judgment dtd. 11/10/2019 passed by the learned Trial Court convicting the appellant for offences punishable under Ss. 302 and 324 IPC, and order on sentence dtd. 11/10/2019 awarding sentence of imprisonment for life for offence punishable under Sec. 302 IPC and a fine of Rs.100.00 (simple imprisonment for seven days in default of payment of fine) and a fine of Rs.1,000.00 for offence punishable under Sec. 324 IPC (simple imprisonment for one month in default of payment of fine).

(2.) As per the case of the prosecution on 14/11/2012 at about 07:00 p.m., Rajender Yadav, Kishan, Dinesh Kumar and Ajit were present in village Siraspur where Dinesh wanted to purchase a charpai. All of them were proceeding on a rickshaw-thela plied by PW-3 Rajender Yadav towards Samaypur. At about 07:30 p.m., when they were passing through Samaypur market and reached in front of a shop of Garg J.K. Cement on Bawana road, four boys came on a motorcycle and hit the rickshaw. Due to this accident, the paddle of the rickshaw and the mudguard of the motorcycle broke. Upon which the boys who were on the motorcycle started quarrelling with them demanding compensation for the loss and damage to the motorcycle. A crowd collected and pointed out that the motorcycle riders were at fault whereupon all four persons escaped on the motorcycle. As the appellant proceeded with the rickshaw towards the shop where the charpai had to be bought, all four boys again came and started beating them, three of the assailants overpowered Kishan and fourth boy attacked Kishan with a knife, who fell down. PW-3 Rajender Yadav, PW-5 Dinesh and PW-6 Ajit were also attacked with knives and they received injuries. Two of the assailants escaped on the motorcycle towards Transport Nagar and two assailants ran into the gali. Kishan was taken to Raj Nursing Home and thereafter, he was taken to Dr. Baba Saheb Ambedkar Hospital, Rohini and he died in the hospital. Upon investigation by PW-18 SI Prakash Chand and PW-26 Inspector Rajesh Kumar, the appellant was identified as the accused by showing dossiers of criminals to PW-3. Upon secret information regarding the whereabouts of the appellant, PW-6 formed a raiding party and apprehended the appellant at about 11:00 p.m. on 15/11/2012. Upon carrying out a personal search, a photocopy of the RC of the motorcycle bearing Registration No. DL-3SAY-1759 was found and he disclosed that he had handed over the weapon of offence i.e., knife to Sandeep. Later, the appellant led them to the house of Sandeep in Rajeev Nagar and to the house of the co-accused Satte and Batul but they were not found at their houses. Batul and Satte could not be arrested during the investigation despite efforts and were declared proclaimed offenders subsequently. Sandeep surrendered before the concerned Court and an investigation was carried out by SI Satish Kumar. He refused TIP and the knife which was used in the commission of the offence could not be recovered at the instance of Sandeep despite efforts. Charges under Sec. 307 and 34 IPC for causing simple injuries to Dinesh with a knife and Ss. 302 and 34 IPC for committing the murder of Kishan were framed against the accused, who pleaded not guilty and claimed trial. The prosecution examined 26 witnesses, statements of the accused were recorded under Sec. 313 Cr.P.C. and no evidence was led in defence.

(3.) The appellant through its appeal and arguments on his behalf by his counsel in support of its appeal, submitted inter alia as under: