LAWS(DLH)-2014-4-269

SHIV KUMAR @ PAPPI Vs. STATE

Decided On April 30, 2014
Shiv Kumar @ Pappi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ONE Mukesh Gupta at about 8.50 P.M. on 10 th April, 1997 was fired upon and shot dead from point blank range at Minto Road red light by two assailants on a motorcycle. As per the prosecution, the appellants herein Shiv Kumar @ Pappi and Satbir Singh were the two motorcycle riders sharing common intention involved in the said crime. Trial court by the impugned judgment dated 12th August, 1999 has accepted the prosecution version and held that the State has been able to prove the case or the charges against the two appellants beyond reasonable doubt. By order on sentence dated 12th August, 1999, Shiv Kumar has been sentenced to rigorous imprisonment for life and fine of Rs.1 lakh and appellant -Satbir Singh has been sentenced to rigorous imprisonment for life and fine of Rs.10,000/ -. It has been further directed that the fine upon recovery shall be disbursed to the blind mother and mentally retarded brother of the deceased - Mukesh Gupta.

(2.) AT the outset, we record and observe that homicidal death of Mukesh Gupta as a result of firearm wound has been proved beyond doubt and not under challenge, though the firearm itself was not recovered and brought on record. The said factum has been proved in the oral testimonies of Satish Kumar Gupta (PW -18) and Constable Dalal Singh (PW -19) as well as MLC report of Mukesh Gupta (Exhibit PW -22/A), but we shall refer to the said evidence later on. Suffice, at this stage, to notice the post -mortem report of the deceased -Mukesh Gupta (Exhibit PW -13/A) and testimony of Dr. Anil Kumar (PW -13), Assistant Professor, Forensic Department, Maulana Azad Medical College, who had conducted the post -mortem. PW -13 has referred to the firearm entry and the exit wound, as the cause of death as the bullet had entered the chest cavity through the left eighth inter costal space on the back and had gone through the lower part of the lobe of the left lung causing laceration. The cause of death was due to shock and haemorrhage consequent upon injury to the heart and left lung, i.e., bullet discharge entering the body through injury No. 1 and exiting via injury No. 2. PW -13 has further opined that the firearm was "near close range", i.e., within the range of singeing and blackening effect, and about 6 inches from the body.

(3.) THE appellants were identified as perpetrators, who had come on the motorcycle, by both PWs -18 and 19. Earlier the said appellants had refused to join the Test Identification Proceedings (TIP proceedings). Vinod Kumar Sharma (PW -11) had stated that the appellant -Satbir Singh even on being warned that not joining the TIP would adversely affect him, had refused to participate in the TIP proceedings held on 25th April, 1997 in Central Jail No. 1 and had proved his report Exhibit PW -11/A. Similarly, appellant -Shiv Kumar had refused to participate in the TIP proceedings conducted by Madhu Jain (PW -16), on 17th April, 1997 at Central Jail Tihar and proved the report/proceedings (Exhibit PW -16/B).