ARVIND KUMAR Vs. STATE

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment dated 2nd May, 2011 and order on sentence dated 7th May, 2011 passed by learned Additional Sessions Judge, North, Delhi in Sessions Case No. 78/2010 arising out of FIR No. 111/2009, PS Timarpur whereby both the appellants were convicted u/s. 302/34 IPC and were sentenced to undergo imprisonment for life and were directed to pay a sum of Rs. 1 lac each as fine, in default of payment of fine, to undergo simple imprisonment for three years. The amount of fine, if deposited, was to be paid to the parents of the deceased. The convicts were granted benefit of Section 428 of the Code of Criminal Procedure. The factual matrix of the case, succinctly stated, is as follows: -

(2.) ON 28th June, 2009 PW12 Yashpal was returning from his duty from Wazirabad on his motorcycle. At about 11:00 pm. when he reached near CNG petrol pump in Gali No. 6, he saw a man lying in an unconscious state with his face towards earth. He informed police on 100 number from his mobile No. 9313191140 on the basis of which DD No. 31A, Ex. A4 was recorded. On receipt of this DD No. 31A PW23 ASI Om Prakash along with PW7 Constable Shubh Karan reached Gali No. 6 near CNG pump where they found one male dead body and brother of the deceased Ram Daresh. Statement of Ram Daresh, Ex. PW6/A was recorded on which endorsement Ex. PW23/A was made and rukka was sent through Constable Subh Karan for registration of the case. PW9 ASI Nihala Rama recorded FIR Ex. PW9/A. Thereafter, the investigation was carried out by PW13 SHO Inspector Rampal Singh who called the crime team at the spot. PW14 SI Braham Singh, In -charge, Crime Team reached the spot along with the crime team and inspected the site. After inspection of the site, he gave his report Ex. PW13/A. PW21 Head Constable Naresh took 19 photographs, Ex. PW21/B/1 -19. Two blood stained stones, three pieces of helmet lying on the spot, earth control and blood stained earth were seized vide different seizure memos. The dead body was sent to mortuary, Subzi Mandi through Constable Subh Karan for post -mortem. Search for the accused was made.

(3.) ON 30th June, 2009, on the basis of secret information, accused Rohit Tyagi was apprehended from Gali No. 8, Wazirabad, Delhi. He was arrested vide memo Ex. PW13/J. Post -mortem was conducted by PW5 Dr. Akash Jhanjee. Accused Arvind got recovered motor cycle of red colour bearing No. DL 1 SR 5961 from the parking of Tis Hazari Courts opposite State Bank of India which was seized vide seizure memo Ex. PW13/H. An application for conducting TIP Proceedings of accused Rohit Tyagi @ Kalu was moved, however, accused Rohit Tyagi refused to take part in TIP Proceedings before Sh. Tarun Yogesh, learned Metropolitan Magistrate. During the course of investigation, opinion of the concerned doctor was obtained regarding weapon of offence. Exhibits were sent to FSL. After completing investigation, charge sheet was submitted against Arvind and Rohit Tyagi @ Kalu. However, co -accused Kuldeep could not be arrested.