VINOD Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 13.07.2011 whereby the appellant has been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short IPC ) for committing the murder of deceased Sanjay on 30.07.2007 by inflicting multiple stabs injuries. By order of sentence dated 15.07.2011, the appellant is sentenced to undergo rigorous imprisonment for life and a fine of '2000/- has also been imposed. In default of payment of fine, the appellant is to undergo Simple Imprisonment for a period of one month.

(2.) We note that co-accused Kushal was declared juvenile by the Sessions Court vide order dated 04.12.2007 and was sent to Juvenile Justice Board for further proceedings.

(3.) On 30.07.2007, at about 10:13/10:15 p.m., a PCR information (Ex.PW-17/A) was received about a stabbing incident near Saishankar School, IIIrd, 60 Foota Road, Molarband Extension, Badarpur. On receipt of the said information, DD No.38A (Ex.PW-31/A) was registered at about 10:20 p.m. Sub Inspector Hiralal (PW-16) proceeded to the spot and found that the injured was already taken to AIIMS Hospital. Blood was lying at the spot. Informal inquiries were made from eye witness Rajpal Bhatti (PW-1) and other persons present at the spot. Thereafter, SI Hiralal along with Constable Kaptan Singh (PW-5) went to AIIMS Hospital wherein it was found that injured Sanjay was admitted and was declared brought dead at 1:10 a.m. The MLC report, Ex.PW-24/A of the deceased Sanjay was collected which revealed presence of multiple stab wounds over the chest, lumbar region and gluteal region. SI Hiralal (PW-16) came back to the spot and recorded the statement (Ex.PW-1/A) of the eye witness PW-1 Rajpal Bhatti. In his statement Ex.PW-1/A, Rajpal Bhatti stated that he was a regular medical practitioner and had been running his clinic in a shop located at F Block, IIIrd, 60 Foota Road, Molarbandh Extension, Badarpur, Delhi for the last five years. He was well aware of the people in the locality. On 30.07.2007, he opened his clinic at about 5:00 p.m. in the evening. He knew deceased Sanjay from before as they were neighbours. Sanjay being his regular customer came to his shop on a motor cycle at about 9:15 p.m. to purchase medicines and both of them started talking to each other. At 9:30 p.m., two boys namely, Kushal (declared juvenile) and Vinod (appellant) came to his shop and started conversing with Sanjay. A quarrel ensued between Sanjay and the two boys. Kushal and Vinod took Sanjay outside the shop and started beating him. Rajpal Bhatti tried to intervene and rescue Sanjay but both Kushal and Vinod did not listen or stop. The accused pushed Rajpal Bhatti aside. In the meanwhile, shopkeeper from the nearby kerosene oil shop called the Telwala chacha also reached the spot. Telwala chacha also tried to pacify the assailants but in vain. Vinod and Kushal took out knives and started giving knife blows to Sanjay on various part of his body. Both Kushal and Vinod brutally assaulted Sanjay with knives. On seeing this, Rajpal Bhatti went to his friend Vijay asking for help. When he along with Vijay returned to the spot, he saw that Sanjay was lying in a pool of blood at some distance from his shop. Crowd had gathered on the spot. Vinod (appellant) and Kushal had ran away from the spot. The assailants attacked Sanjay because of some past enmity and it was a planned assault to commit murder of Sanjay. On the basis of the said statement, rukka, Ex.PW- 16/A, was prepared on 31.07.2007 at around 1:30 a.m. which led to the registration of FIR No. 586/07, Ex.PW-2/A, under Section 302 read with Section 34 IPC.