MANOJ KUMAR Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) Challenge in the present appeals is to the judgment dated 22.8.2009 convicting the Appellants for the offence punishable under Section 302 read with Section 34 IPC and the order dated 31.8.2009 sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- each, in default of payment of fine to further undergo simple imprisonment for a period of one year.

(2.) The prosecution's case is that in the night intervening 16.11.2005 and 17.11.2005, at about 11.00 p.m. at the Pushta Road, Thokhar No.12, near the site office of K.R. Anand Engineers and Contractors where work of road-widening was going on, the Appellants, namely, Manoj, Arvind and Ranjit, who were working as labourers at the site attacked Ali Baksh @ Pappu, driver of truck No.HR38-8404, with dandas. One Tehsildar who was posted as a security guard at the construction site raised an alarm, whereupon the Appellants ran away from the site leaving Ali Baksh @ Pappu in an injured condition. The injured was taken to Walia Nursing Home from where he was referred to the LNJP Hospital where he succumbed to the injuries sustained by him.

(3.) The criminal law machinery was set in motion on receipt of DD No.9A by PW14 Sub Inspector Ram Bhool at about 8.15 a.m. On receipt of the said DD, SI Ram Bhool along with PW13 Constable Akhilesh Kumar went to LNJP Hospital where he met the eye witness Tehsildar (PW8) and recorded his statement (Ex.PW8/A), made endorsement on the same vide Ex.PW14/A and sent the rukka for registration of FIR through Constable Akhilesh (PW13) to P.S. Shakar Pur. At the police station, the duty officer HCW Panwati (PW12) recorded FIR No.990/05 under Sections 302/34 IPC (Ex.PW12/A) and sent copy of the FIR to the senior officer through Constable Chander Prakash (PW15). The investigation of the case after recording of the FIR was carried out by Inspector K.C. Negi (PW17) who reached at the spot at Pushta Road where SI Ram Bhool (PW14) was also present and prepared site plan at the instance of PW8 Tehsildar. From the spot, PW17 (I.O.) lifted blood stained soil, earth control, some concrete and two other stones and one brick, which were taken into possession vide seizure memos Ex.PW8/B and PW8/C after sealing the same in separate pulandas. At the spot, PW17 (I.O) received secret information pursuant to which he alongwith the Tehsildar reached near Shiv Mandir at Pushta Road. All the three accused persons were apprehended from the said place at the instance of PW8 Tehsildar. Their arrest memos Ex.PW14/B, PW14/C and PW14/D and their personal search memos Ex.PW14/E, PW14/F and PW14/G were prepared. All the three accused persons were interrogated and their disclosure statements recorded as Ex.PW14/H, PW14/J and PW14/K. At the instance of accused Ranjit, one saria was recovered from his jhuggi and the same was taken into possession vide seizure memo Ex.PW14/L. Accused Manoj and Arvind got recovered dandas from their respective jhuggis and the same were taken into possession vide memos Ex.PW14/M and Ex.PW14/N. Case property was deposited in the malkhana and the statements of prosecution witnesses recorded. On completion of investigation, the accused were chargesheeted, tried and indicted of the offence punishable under Section 302 read with Section 34 of the IPC.