DINESH KUMAR Vs. STATE

JUDGEMENT

(1.) This common judgment shall dispose of the above captioned appeals, assailing the judgment of the learned Trial Court dtd. 29/10/2018 convicting all the three Appellants for offence punishable under Sec. 302/34 IPC and in addition convicting Appellant Dinesh Kumar @ Khali for offence punishable under Sec. 25(1B) (a) and 27(1) of the Arms Act, 1959 and order on sentence dtd. 20/11/2018 awarding the following sentences:

(2.) As per the case of the prosecution, on 16/5/2012 at about 01:25 a.m., Duty Constable Dalbir Singh at SGM Hospital gave a message at PS Mangolpuri through telephone that one Angad Yadav has got admitted Nagender Yadav in the hospital who had received bullet injury at his house. The said information was lodged vide DD No.8A and marked to SI Sachin Mann who along with Constable Vinod Kumar visited the hospital where he collected the MLC of Nagendra Yadav. As per the MLC, the said patient was opined 'unfit for statement'. No eyewitness was found at the hospital. The police officials, including Inspector Satya Prakash, went to the place of occurrence i.e. P-7/165, Mangolpuri, Delhi and called the crime team who inspected the place of occurrence. SI Sachin Mann prepared the rukka and got FIR no. 185/2012 registered under Sec. 307 IPC and 27 of the Arms Act. From the spot one blood-stained bed-sheet and scissors were seized and were duly sealed, rough site plan was prepared and statements of Ram Singh Yadav and Angad Yadav were recorded. On 16/5/2012, information was received from RML Hospital regarding the death of Nagendra Yadav during treatment. Further investigation was marked to Inspector Satya Prakash who got the body of the deceased shifted to the mortuary and added offence under Sec. 302 IPC to the FIR.

(3.) The Investigating Officer (IO) Inspector Satya Prakash also recorded statements of Smt. Bindu wife of deceased, who stated that the deceased, after being shot in the middle of the night, had told that the Appellants had shot him. On 17/5/2012, the IO affected the arrest of Appellant Dinesh Kumar and Deepak and recorded their disclosure statements. Later, the weapon of offence i.e. country made pistol (katta) with empty cartridge was recovered at the instance of Appellant Dinesh. On 23/8/2012, IO effected the arrest of Appellant Suresh and recorded his disclosure statement.