RAVI KUMAR @ SONU Vs. STATE

JUDGEMENT

(1.) CHALLENGE in the aforesaid appeals is to the judgment of the learned Additional Sessions Judge dated 24th February, 2010 convicting Appellants Ashwani Dubey @ Chhanwa and Ravi Kumar @ Sonu for the offences punishable under Sections 302/201/34 IPC.

(2.) SHORN of unnecessary details, the prosecution case is that on 28.1.2004 at around 7.30 p.m. at Jharoda Road near Sangam Vihar, Delhi, both the accused committed robbery by taking the TSR of Sarvesh Kumar and in the commission of the robbery committed murder of Sarvesh Kumar, a TSR driver (hereinafter referred to as the deceased).

(3.) THE Investigating Officer, Inspector Bir Singh was examined as PW23, who corroborated the aforesaid version of PW11 Constable Sunil Kumar. He further testified that the dead body was shifted to the mortuary through PW11, Constable Sunil Kumar at about 4.30 p.m. PW15, ASI Ramesh Kumar along with PW14, Constable Kapil was sent at about 11.30 a.m. with photocopies of the driving license to the house of the deceased on the address mentioned in the driving license as B -1, Kartar Nagar and was also instructed to go to the Hotel Mayur and the taxi and TSR stand. At about 5.30 p.m., ASI Ramesh and Constable Kapil came alongwith Mala, wife of the deceased (PW6).