HARGIYAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 09.04.1997 delivered by the learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No.105/1996 arising out of FIR No.232/1990 under Section 302 IPC registered at police station Nand Nagri. By virtue of the said judgment, the appellant Hargiyan has been convicted for the murders of Smt. Rukmani and Mohd Sharif and the appellant has been held guilty of the offence punishable under Section 302 IPC. He was also convicted for the offence punishable under Section 27 of the Arms Act, 1959. This appeal is also directed against the order on the point of sentence dated 10.04.1997 passed by the said learned Additional Sessions Judge, whereby the appellant was sentenced under Section 302 IPC to undergo rigorous imprisonment for life and also to pay a fine of Rs. 1,000 and, in default of the payment of fine, he was to further undergo rigorous imprisonment for one month. Insofar as the offence under Section 27 of the Arms Act, 1959 is concerned, the appellant was directed to undergo rigorous imprisonment for two years and to pay a fine of Rs. 250 and, in default of payment of the fine, he was required to further undergo rigorous imprisonment for 15 days. Both the sentences were directed to run concurrently.

(2.) THE appellant was charged as under on 21.01.1992:-

(3.) IT is also the case of the prosecution that after the alleged statement of PW-15 (Mohd Shahzad) was recorded, the ruqqa was forwarded for registration of the case through Constable Hodal Singh who came back after registration of FIR No.232/1990. It is further the case of the prosecution that PW-17 [Inspector Prem Singh] prepared the site plan [Exhibit PW-17/C] at the spot on the pointing out of Mohd Shahzad with marginal notes. He also seized the blood stained earth through memo [Exhibit PW-13/A] after sealing it with the seal of P.S. from outside House No.I-458 and controlled earth vide memo [Exhibit PW-13/B] after sealing the same in a parcel with the seal of P.S. The said PW-17 [Inspector Prem Singh] is also alleged to have lifted the controlled earth from outside House No.I-3/343, Sunder Nagri, Delhi vide memo [Exhibit PW-13/C] after sealing it with the seal of P.S. He also lifted the blood stained earth from outside the said House No.I-3/343, Sunder Nagri vide memo [Exhibit PW- 13/D] after sealing the same with the seal of P.S.