PHOOL CHAND MAURYA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE appellants Phool Chand Maurya, Mohan Lal and Yogesh Kumar Maurya impugn common judgment against them by the Trial Court, dated 21st April, 2009 in FIR No. 155 of 2005, under Section 302/323/34 Indian Penal Code (IPC) for murder of Kuldeep and causing injury to his family members Raju and Dolly. By Order of Sentence dated 27th April, 2009 for the offence under Section 302/34 IPC, they have been sentenced to life imprisonment and fined Rs 500/- each, in default of which they shall undergo simple imprisonment for two months. For the offence under Section 323/34 IPC they have been sentenced to undergo simple imprisonment for six months each.

(2.) THE prosecution case is that on 13th June, 2005 at around 10.30 P.M. Mohan Lal, Phool Chand and Yogesh caused injuries to Kuldeep and to his brothers Raju (PW-2) and Dolly (PW-3) at Harijan Colony, Lodhi Road Arjun Camp on the road between houses of Raju (PW-2) and the appellant Mohan Lal and Yogesh. The police came into action on receiving the PCR information (Ex. PW-14/A), timed 13th June, 2005 at 22.49, that a quarrel had taken place at Lodhi Road Arjun Camp. The informants name was Vijay. This information was relayed by Ct. Uma of 3668/Police Control Room, to ASI Balbir Singh (PW-6) at the Police Station Lodhi Colony vide DD No. 15 A (Ex.PW 6/A) on 13th June, 2005 at 11.03 P.M. Thereafter, at 11.58 P.M. DD No.16A, Ex.PW6/B was recorded on telephone information that the injured Kuldeep and Raju have been admitted to AIIMS Hospital by Head Constable Pretpal of PCR Van.

(3.) THE MLCs of Raju (PW-2) and Dolly (PW-3) was prepared by Dr. Parvez, who had since left the hospital and his handwriting was proved by Dr. Ram Choudhary (PW-17) of AIIMS Hospital. The MLC of Raju (Ex. PW-17/A), aged 27 years, delineates that there was small bruised wound on right side forehead and abrasions on the chest and the injured had alleged history of assault. It was recorded on 13 th June, 2005 at 11.27 P.M. The MLC of Dolly (Ex. PW-17/B), aged 20 years, was recorded, on 14th June, 2005 at 1.02 A.M. that, there was a punctured wound 0.3 cms on epigostric and 0.6 cms deep. There was soft swelling around the wound.