DEEPAK KUMAR Vs. STATE (DELHI)

JUDGEMENT

(1.) The appellant- Deepak Kumar challenges correctness of the judgment dated 25.03.2000 and order on sentence dated 27.03.2000 in Sessions Case No. 246/1997 arising out of FIR No. 280/1997 PS Kirti Nagar by which he and Vinod Kumar were convicted for committing offences punishable under Sections 342/452/307/34 IPC and sentenced to undergo RI for five years with total fine Rs. 5,000/-.

(2.) On 14.07.1997 at around 05.00 P.M., Mukesh Jain, Salesman at the shop at M/s. Sultan Chand Vimal Prakash, at I-140, Kirti Nagar was present in the shop. At that time two boys entered the shop and made enquiries from the complainant- Mukesh Jain for nylon. He went to the rear room to bring nylon. The said two boys followed him. He was stabbed with knife. The assailants fled the spot. Daily Diary (DD) No.38B (Ex.PW-8/A) was recorded at 06.30 P.M. at Police Station Kirti Nagar on getting information that an individual has been stabbed at I-140, Kirti Nagar. The investigation was marked to SI Rajinder Singh who with constable went to the spot. Injured Mukesh Jain had already been taken to Deen Dayal Upadhayay Hospital (in short DDU Hospital). The Investigating Officer collected his MLC but he was declared unfit to make statement. Since no eye witness was available, SI Rajinder Singh lodged First Information Report vide endorsement Ex.PW-8/B over DD entry. He went to the spot; prepared site plan (Ex.PW-8/C); got the scene of incident photographed; lifted blood sample from the spot and prepared seizure memo.

(3.) On 16.08.1997, Daily Diary (DD) No.42B was recorded intimating that Deepak Kumar and Vinod have been arrested in case FIR No.430/1997, Police Station Moti Nagar. SI Rajinder Singh went to Police Station Moti Nagar and collected their disclosure statements. The accused was arrested. Both Deepak and Vinod declined to participate in Test Identification Proceedings. During the course of investigation, the Investigating Officer recorded statements of the witnesses conversant with the facts. On completion of investigation, a charge-sheet was submitted in the Court. The accused were duly charged and brought to trial. On appreciating the evidence and taking into consideration the contentions of both the parties, the Trial Court, by the impugned judgment held both of them guilty for the offences mentioned previously. Being aggrieved, Deepak has preferred the present appeal.