SURESH @ BONA Vs. STATE

JUDGEMENT

(1.) Suresh @ Bona & Vikas @ Sunil seek to challenge the impugned order dated 30th January, 2010 and 6th February, 2010 whereby both the appellants were convicted for offence under Section 302/34 IPC and sentenced to undergo imprisonment for life and a fine of Rs.15,000/- each, in default of payment of fine to undergo rigorous imprisonment for six months each.

(2.) The factual matrix of the case is:-

(3.) On 17th September, 2007 on receipt of a telephone call from an unknown person at 10:25 pm regarding one person lying unconscious in front of shop No. 5632, Qutub Road near Hanuman Mandir and bleeding, DD No. 26A Ex. PW 2/A was recorded. The DD was handed over by Duty Officer to Constable Amit (PW-19) who handed over the same to ASI Ashwini Kumar (PW-13). ASI Ashwini Kumar along with Constable Amit Kumar reached the spot where Inspector Joginder Singh (PW-20) also reached, where they met one Chowkidar Veer Bahadur (PW-7) who informed them that one person was lying unconscious at Qutab Road and blood was oozing from his body. On reaching the spot, they found that one person aged about 27-28 years was found lying in front of Shop No. 5632 wearing white shirt with baniyan and white pant and blood was oozing from his nose and mouth. There was injury on his stomach at left side which seemed to be inflicted by some sharp weapon. The clothes were blood stained and the blood was also lying near the dead body on the ground. One TATA 407 No. DL 1 LB 1925 was also stationed near that person. Two bags of black and red colour were also lying near the dead body. No eye witness was available at the spot. As such, ASI Ashwini Kumar prepared Rukka (Ex. PW-13/A) and handed over the same to Constable Amit Kumar for registration of the case. FIR (Ex.PW3/A) was recorded by HC Mehar Singh. After registration of the case, further investigation was handed over to Inspector Joginder Singh.