RAM DASS Vs. STATE

JUDGEMENT

(1.) The impugned judgment dated 18th November, 2010 convicts Ram Dass under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of Sunil and Somnath, sons of Om Prakash, by causing injuries on them with firearm on 22nd April, 2006. The appellant has been convicted under Section 323 IPC, for injuries on Om Prakash, by giving him a push, when he tried to intervene. By order of sentence dated 20th November, 2010 he has been sentenced to life imprisonment under Section 302 IPC with fine of Rs.25,000/- and in default of payment of fine undergo Simple Imprisonment for one year. He has been sentenced to Simple Imprisonment for a period of six months under Section 323 IPC. He has been acquitted under Section 25/27 of the Arms Act, 1957 for having used and for having been found in possession of country made pistol.

(2.) The State or victims have not preferred any appeal against acquittal of the appellant under Section 25/27 of the Arms Act.

(3.) At the outset, we notice that the homicidal death of Sunil and Somnath was not disputed or challenged before us. Even otherwise, their homicidal death as a result of fire arm injuries stands established and proved from the post-mortem reports of Sunil and Somnath marked Exhibits PW-13/A and PW-13/B respectively. The said reports were proved by Dr. Manoj Dhingra (PW-13), who has deposed that he, along with Dr. Ashish Jain, had conducted the said postmortems on 23rd April, 2006. Bodies of Sunil and Somnath were sent by Inspector Ishwar Singh of Police Station Nangloi with the alleged history of gun shot wounds and the two of them were declared brought dead on 23rd April, 2006 at SGM Hospital at 11.55 P.M. The following external and internal injuries were noticed on the dead body of Sunil: