VIPIN Vs. STATE

JUDGEMENT

(1.) VIPIN @ Kake has been held guilty of murder of Humayun. The finding of guilt has been returned on the basis of ocular testimony of Ram Avtar @ Bobby PW -15, the recovery of country made pistol with empty cartridge case at the instance of Vipin, FSL report and the mobile phone showing the presence of the appellant at the spot. All this happening on a sudden quarrel between Vipin and Humayun and could have been averted if Ram Avtar had reached in time with the ice -cream to cool their heated minds. The learned Trial Court after holding Vipin guilty for offence of murder vide its judgment dated November 24, 2011 pronounced the sentence of rigorous imprisonment for life and fine of Rs.5,000/ - in default to undergo imprisonment for further period of five months vide impugned order dated November 26, 2011.

(2.) LEARNED counsel for Vipin questions the verdict that Ram Avtar was a planted witness due to the fact that when SI Girjesh Kumar PW -13 reached the hospital he found no eye witness and the FIR was registered on the basis of DD No.76B, the first PCR call. The FSL report does not support the prosecution case as the striation marks on the bullet were found insufficient to render opinion. Even relying on Ram Avtar at best the present is of sudden quarrel and thus the conviction under Section 302 IPC cannot be sustained.

(3.) THE investigation was set into motion on an information recorded vide DD No.76B on September 24, 2008 at PS Badarpur at 10.22 PM that a person has been shot at DDA Flat No.336, Badarpur, who has been taken to Holy Family Hospital. On the said DD entry PW -13 SI Girjesh Kumar reached the spot outside DDA Flat No.336, Badarpur, where he came to know that the injured had been taken to Holy Family Hospital. He found no eye witness at the spot. Leaving HC Satish and Beat Staff at the spot, he along with SHO and Constable Harender reached the Holy Family Hospital where they found Humayun admitted. His MLC Ex.PW -1/A was collected. The injured was declared unfit for making of the statement by the doctor. As SI Girjesh Kumar did not find any eye witness in the hospital he sent the rukka vide endorsement PW -13/A on DD No.76B for registration of the FIR by Constable Harender to the Police Station. It is the version of SI Girjesh Kumar that just after leaving of Constable Harender for Police Station for FIR he met three persons in the hospital namely Ram Avtar @ Bobby, Sanjeev Sharma and Amar Singh. Ram Avtar claimed himself to be an eye witness of the incident. Thus he recorded his statement under Section 161 Cr.P.C. whereafter he went to the spot along with Constable Harender and Ram Avtar. He prepared the site plan Ex.PW -13/B at the instance of Ram Avtar and from near the spot one mobile phone make Motorola without battery cover was found lying near bushes in front of Government Senior Secondary School, Badarpur. The same was seized vide memo Ex.PW -4/A. He reached the hospital where the doctor handed over the sealed pullanda with the seal of the hospital containing lead bullet. Later on September 27, 2008 Humayun passed away in the hospital and thus the case was converted to one under Section 302 IPC. On September 30, 2008 the investigation of the case was transferred to Inspector V.P.Dahiya and Vipin was arrested. Vipin made a disclosure statement Ex.PW -13/C. On October 01, 2008 Vipin made a second disclosure statement and got the country made pistol with empty cartridge in its barrel recovered from the jungle behind the stadium. Both were seized vide memo Ex.PW -4/G.