SHAHNAWAZ @ SHANU Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the impugned judgment dated 31.05.2010 and order on sentence dated 04.06.2010 passed by learned Addl. Sessions Judge in Session Case No. 119/2007 arising out of FIR No. 283/2007, Police Station Vivek Vihar whereby both the accused persons were convicted for offence under Section 302/34 and 323/34 IPC and sentenced to undergo life imprisonment with a fine of Rs. 3000/- each, in default of payment of fine to further undergo simple imprisonment for one month for offence punishable under Section 302/34 IPC and to undergo simple imprisonment for 3 months each for offence punishable under Section 323/34 IPC. Both the sentences were to run concurrently.

(2.) PROSECUTION case emanates from the fact that on 08.07.2007 at about 2.30 AM a call was received by HC Narender Kumar (PW10) from Ct. Harbir (PW20) regarding admission of two persons in Dr. Hedgewar Hospital in injured condition and one Radhey Lal declared ,,brought dead on which DD No. 4A Ex. PW10/A was recorded at Police Station Vivek Vihar which was assigned to SI Maman Khan (PW22). SI Maman Khan along with Ct. Sunil Kumar (PW9) reached Dr. Hedgewar Hospital, Karkardooma, Delhi and obtained MLC No. 1622/2007 in respect of Shiva Prabhakar and also MLC No. 1621/2007 of Radhey Lal who was declared ,,brought dead. SI Maman Khan recorded the statement of injured Shiva Prabhakar (PW4) on the basis of which, a case under Section 302/323/34 IPC was registered and investigation was conducted by Inspr. Sandeep Gupta who collected the relevant documents from SI Maman Khan and prepared the site plan at the instance of complainant. One black colour shoe of right foot of the deceased was recovered from the spot. Santro car bearing No. DL7CC 0282 was standing outside Dr. Hedgewar Hospital in damaged condition. On inspection of the car, a portion of the handle of hand pump and other shoe of deceased was found which were seized. The car was taken into possession and was sent to police station.

(3.) IT is further the case of the prosecution that on 10.07.2007, on the basis of secret information, both the accused were arrested vide arrest memo Ex. PW7/C and Ex. PW7/D. Their personal search was conducted vide memo Ex. PW7/A and PW7/B. On interrogation, accused Shahnawaj made a disclosure statement Ex. PW7/F whereas accused Sameer Salmani made a disclosure statement Ex. PW7/E. Both the accused pointed out towards the spot where the incident occurred vide pointing out memos Ex. PW7/I and Ex. PW7/H. Accused Shahnawaj led the police party to street of Gautam Gali, Jwala Nagar and pointed out the place where he had thrown the piece of handle of hand pump and took out the broken handle from the drain and the same was seized vide Ex. PW7/J. Thereafter, they led the police party to street at Jwala Nagar and pointed out a hand pump from which the handle was separated. The red colour motorcycle No. DL 5SV 0705 make Unicorn was seized vide memo Ex. PW7/G.