SHISHPAL @ SHISHU Vs. STATE

JUDGEMENT

(1.) SHISHPAL @ Shishu, Amit and Roshan by the impugned judgment dated 23rd May, 2011 stand convicted for murder of Ram Chandran @ Ramu. The aforesaid conviction arises out of FIR No. 8/2010, Police Station Mayur Vihar. By order on sentence dated 25th May, 2011, the appellants have been sentenced to undergo life imprisonment and pay fine of Rs.2,000/ - each, in default of which, they have to suffer Simple Imprisonment for two months. Benefit of Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C for short) has been granted.

(2.) THE factum that the deceased Ramu had died a homicidal or unnatural death as a result of stab wound was not questioned and challenged before us. The same is duly established and is not within the realm of any debate in view of the MLC (Exhibit PW -14/A) and the post - mortem report (Exhibit PW -19/A). Dr. K. Tyagi (PW -14) had proved the MLC (Exhibit PW -14/A) and deposed that on 10th January, 2010 at 9 P.M. Ramu was brought by ASI Lalji Tiwari of PCR with history of assault. He examined the patient and opined that he had died. The patient had an incised wound on left side of abdomen approximately 4cm x 2 cm (length into width). The post -mortem report (Exhibit PW -19/A) was proved by Dr. Vinay Kumar Singh (PW -19) and it refers to incised wound, 5.5 x 2.5 cm, obliquely present over the left side of lower abdomen. On internal examination, about 1 to 1 1/2 litre blood was present in the cavity and there was descending colon incised wound, 3 x 0.5 cm, and spleen incised wound, 2.5 cm x 0.5 cm, lower border. Cause of death was shock and haemorrhage consequent upon the incised wound No. 1. The said injury was sufficient in ordinary course of nature to cause homicidal death. The time since death was 36 to 44 hours. The post -mortem examination was conducted on 12th January, 2010 at L.B.S Hospital. The clothes worn by the deceased and blood sample in gauze piece were seized.

(3.) SWAMI Nath Pandey (PW -3) has deposed that he was running a paan -bidi stall in front of Police Station Mayur Vihar near English Wine Shop and was present at his stall on 10th January, 2010 when at about 8.20 P.M. he saw the appellants - Amit and Roshan quarrelling with the deceased Ramu. He identified the appellants -Amit and Roshan, who were produced through video -conferencing, but refused to identify Shishpal @ Shishu, the third appellant. PW -3 in his court deposition recorded on 1st June, 2010 stated that Amit and Roshan dragged the deceased Ramu from the wine shop towards his rehri/stall and Amit then stabbed Ramu. Crowd of about 150 persons had gathered but no one intervened even after stabbing. The appellant Amit had challengingly raised the knife in the air and Amit and Roshan slipped on his western side. After about 5 -7 minutes, wife of Ramu reached the spot and started crying. She went towards the police station and at about 8.30 P.M., PCR vehicle reached the spot, as someone had made a call at No. 100. ASI Kali Charan (PW11) and the local police reached the spot and inquired from him. He had then narrated the facts. Subsequently, Pandit Subodh Kumar Sahai (PW20), SHO Police Station Mayur Vihar reached.