SANDEEP Vs. STATE

JUDGEMENT

(1.) By way of these appeals, the appellants challenge common judgment of Trial Court dtd. 24/7/2019 whereby the appellants were held guilty for murder of one Salman @ Mahesh Chand @ Luka ('deceased'); and the order on sentence dtd. 1/8/2019 whereby all the three appellants were directed to undergo rigorous imprisonment for life alongwith fine of ?10,000/- each in default whereof, simple imprisonment for six months for offence punishable under Ss. 302/34 of the Indian Penal Code, 1860 ('IPC'). Further, appellant Rahul @ Sunny was held guilty for offences punishable under Ss. 25 and 27 Arms Act and directed to undergo rigorous imprisonment for three years alongwith fine of ?5,000/- in default whereof simple imprisonment for two months for each of these two offences.

(2.) Brief facts of the prosecution case are that on 3/4/2016, Guddo Mahto (PW-3), who was one of the tenants of Mangat Ram (PW-12) informed Mangat Ram that a foul smell was emanating from the room adjoining his room. Mangat Ram immediately reached at the second floor of H.No.K-2/39, Krishan Vihar, where he also found a foul smell emanating from the room of appellant Salman. He found the door of the room closed and on opening the door, he saw a decomposed dead body of a male lying. Call was made to the police at number 100 and information about the dead body was given to the police which was recorded as DD No.10A. On receipt of this information, ASI Ashok Kumar (PW-18) reached the spot and informed Insp. Rajendra Parsad (PW-27) about the incident who also reached the spot. A stab injury was found on the left side of the chest and some injuries were also visible on the joint of knee. The deceased was wearing a grey colour vest and blue jeans. Crime team was called at the spot. The dead body was shifted to the mortuary at SGM Hospital. ASI Ashok Kumar prepared the rukka (Ex. PW-12/A) and got the FIR No.221/2016 registered under Ss. 302/34 IPC and 25/27 Arms Act, at P.S. Sultanpuri.

(3.) Dr. Anurag Thapar (PW-15) conducted the post-mortem examination on the dead body of the deceased on 4/4/2016 and vide his report (Ex. PW-15/A) opined as under: