MOHINDER SHARMA Vs. STATE

JUDGEMENT

(1.) Mohinder Sharma by the impugned judgment dated 7th January, 2012, arising out of FIR No. 249/2009, registered on 19th May, 2009 at Police Station Saraswati Vihar, has been convicted under Sections 302/394/397 of the Indian Penal Code, 1860 (IPC, for short) for committing the murder of Vadivale, the deceased in the night intervening between 18th and 19th May, 2009. The appellant has also been convicted under Section 25/27 of the Arms Act, 1959. By an order of sentence dated 24th January, 2012, the appellant has been sentenced to undergo Rigorous Imprisonment for life with the direction that he shall not be considered for grant of remission until he undergoes actual sentence of twenty years. A fine of Rs.1 lac has been imposed upon the appellant for the offences under Sections 302/394/397 IPC. In default of payment of fine, the appellant has to undergo Simple Imprisonment for one year. The trial court further directed that the fine of Rs.1 lac, if recovered, shall be paid to the family of the deceased Vadivale as compensation under Section 357 of the Code of Criminal Procedure, 1973 (Cr.P.C, for short). For conviction under Section 25/27 of the Arms Act, 1959, the appellant has been sentenced to undergo Rigorous Imprisonment for three years and fine of Rs.2,000/-. In default of payment of fine, he has to undergo Simple Imprisonment for one week.

(2.) It is not disputed that Vadivale suffered a homicidal death. Body of Vadivale was found lying dead in a pool of blood in the morning of 19th May, 2009 at about 6.30 A.M. near CNG Petrol Pump, Britannia Chowk, F-Block, Shakurpur. The said fact has been stated by Peru Mal (PW-3), the son of the deceased, who was present at spot and is fully corroborated by DD No. 11A (Exhibit PW-2/A), which has been proved by Head Constable Sushil Kumar (PW-2), who was posted as a duty officer in Police Station Saraswati Vihar on the said date and time. PW-2 has deposed that on 19th May, 2009 at about 6.50 A.M. he had recorded DD No. 11A. The said DD entry (Exhibit PW- 2/A) records that at about 6.30 A.M. information was received from the wireless operator through intercom that at Britannia Chowk, near CNG Petrol Pump a body of one person was found lying in an injured condition. Inspector Sunil Kumar, who appeared as PW-27, went to the site along with Constable Devender (PW-24) and found one man aged about fifty years lying there. He was already dead and his body was smeared in blood. Blood was also present on the footpath. He met Peru Mal (PW-3) who identified himself to be the son of deceased and recorded his statement (Exhibit PW-3/A). This statement (Exhibit PW-3/A) became the rukka which led to the registration of FIR No. 249/2009, (Ex.PW-4/A) Police Station Saraswati Vihar, which was recorded at 9.30 A.M. on 19th May, 2009.

(3.) Before we dwell into other questions, at this stage, it is relevant to refer to the post-mortem report (Exhibit PW-1/A) which indicates the injuries which were found on the body of deceased Vadivale. The post-mortem was conducted by Dr. K. Goyal (PW-1). PW-1 has stated that clothes on the body were shirt, pant with belt was having three cuts, underwear having two cuts, baniyan and a pair of chappals. On external examination, the following injuries were noticed: