VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) The two appellants Vinod Kumar and Joginder are aggrieved by the impugned judgment dated 05.06.2010 vide which they had been convicted for an offence under Sections 302/201/34 of the IPC and each of them had been sentenced to undergo imprisonment for life as also to pay a fine of Rs.50,000/- for the offence under Section 302 of the IPC and in default of payment of fine to further undergo SI for a period of one year. For the offence under Section 201 of the IPC each of the two convicts had been sentenced to undergo RI for a period of four years and to pay a fine of Rs.5,000/- each and in default of payment of fine to further undergo SI for a period of one month. The third convict Sanjay had been convicted for the offence under Section 201 of the IPC and he already having undergone the sentence imposed upon him, he has not assailed his conviction.

(2.) Version of the prosecution is that on 26.10.2004, DD No. 2 (Ex.PW-4/A) was received in the police post DDA Flats, Police Station Jahangir Puri wherein it was reported that an accident had occurred at the "T" point, Jahangir Puri. ASI Kishanjeet (PW-11) reached the spot. A motor-cycle bearing No DL-8SV-1285 and a blue coloured shirt was found lying there. The injured had already been removed to the BJRM Hospital. The MLC of the injured was collected. He was a boy aged between 20-22 years and had been brought dead to the hospital. Cut injuries were found on his body. Information was transmitted to the Police Station Jahangir Puri.

(3.) The dickey of the motor-cycle contained papers which revealed that the motor-cycle belonged to one Bhim Singh (PW-9). The house of Bhim Singh at E-9, Prashant Vihar was located. Bhim Singh identified the motor-cycle to be that of his son who had left the house on this motor-cycle. Bhim Singh thereafter identified the dead body as that of his son. FIR was accordingly registered under Section 302 of the IPC.