LAWS(DLH)-2013-5-309

SHABAB KHAN Vs. STATE

Decided On May 24, 2013
Shabab Khan Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeals arise out of the judgment and order dated 15.3.2010 and 17.3.2010 wherein the learned trial court convicted the Appellants for the offence under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life.

(2.) The brief facts of the present case are as under:

(3.) On the aforesaid statement of the witness Jeeshan @ Pappu (PW2), the Investigating Officer PW13 SI Satender Mohan prepared the rukka (Ex.PW13/A) and sent the same through Constable Rajvir Singh to the police station for registration of the case. On the basis of the rukka case FIR No.166/04 (Ex.PW17/B) was registered. Thereafter, investigation was handed over to the then SHO Inspector Data Ram (PW21). During investigation, the Investigating Officer recorded the statement of Waseem (PW1), wife of the complainant at GTB Hospital and sent the dead body to the mortuary for postmortem. The Investigating Officer then prepared site plan Ex.PW21/A on the pointing out of the complainant and requisitioned the Crime Team. Constable Rattan Singh (PW16) from the Crime Team took photographs of the spot. The Investigating Officer then affected seizure of incriminating articles from the spot vide seizure memo Ex.PW2/B and recorded statements of SI Nitin Kumar (PW15) and supplementary statements of Jeeshan (PW2) and Waseem (PW1).