SUNDER SINGH Vs. STATE

JUDGEMENT

(1.) Vide this appeal, the appellant challenges the judgment dtd. 28/4/2018 passed by Ld. Addl. Sessions Judge-02, South District, Saket Court, New Delhi ('impugned judgment' in short) whereby the appellant was convicted for offences punishable under Ss. 302/307/452 Indian Penal Code, 1860 ('IPC' in short) in case S.C. No. 6666/2017, in FIR no. 371/2012, PS Saket; and order on sentence dtd. 18/5/2018, sentencing the appellant to undergo rigorous imprisonment for life under Sec. 302 IPC with fine of Rs.15,000.00, in default to undergo simple imprisonment for six months and further to undergo rigorous imprisonment for seven years under Sec. 307 IPC with fine of Rs.7,000.00 and in default to undergo simple imprisonment for three months; and also to undergo rigorous imprisonment for two years under Sec. 452 IPC with fine of Rs.3,000.00 and in default to undergo simple imprisonment for one month.

(2.) Briefly stating, the prosecution case is that on 7/12/2012, a PCR call about one person lying in injured condition in a plot in Bank Wali gali near Tirkana Kuan, Lado Sarai, New Delhi, was received and the same was reduced into writing vide DD no. 45A/Ex. PW-11/A. On receipt of the said DD, PW-35 IO ASI Kuldeep Singh along with PW-4 Constable Balvir Singh reached the spot, where he found two charpais (cots) having blood stains and blood was also found lying spread around on various things. On enquiry, it was found that the injured had already been taken to hospital. Thereafter, leaving the subordinate staff to guard the spot after informing the duty officer to assign the call to senior officers and requesting to call crime team, PW-35 IO ASI Kuldeep Singh along with Ct. Parmod/PW-25 reached AIIMS Trauma Center, where injured Dalbir and Jagat Singh were found admitted and were declared unfit for statement. One Jagbir Singh @ Dhilla, (brother of the injured Dalbir Singh) stated to be the eye-witness, was also found. PW-35 recorded statement of Jagbir Singh (Ex. PW-35/A), on which, the present FIR Ex. PW-12/A under Ss. 307/452/34 IPC was registered.

(3.) In support of its case, prosecution examined 42 witnesses.