MANNU Vs. STATE

JUDGEMENT

(1.) BY this appeal filed under section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), the appellant seeks to challenge the impugned judgment dated 29.05.2000 and order on sentence dated 30.05.2000 whereby the Appellant ­ Mannu was convicted for committing an offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and was sentenced to undergo rigorous imprisonment for life, further to pay fine of Rs.10000 and in case of default, to undergo simple imprisonment for a period of six months.

(2.) THE facts germane to the case of the prosecution are that ­ PW -3 H.C Chander Bhan while on patrolling duty at the Chabutra of Gurudwara Bangla Sahib received information from a devotee that a quarrel had taken place in the NDMC Park. The criminal law machinery in this case was set in motion by DD No. 14A (Ex. PW 18/A). On 14.06.1995, ASI Dharam Singh (PW - 18) was on emergency duty from 8 a.m to 8 p.m at P.S Parliament Street. Pursuant to the receipt of the aforesaid information he along with Constable Bhagat Ram (PW -13) reached at the spot i.e Jai Singh Road. At the spot one PCR Van, H.C Chander Bhan (PW -3), Constable Nirmal Singh, injured Shera and the appellant Mannu met him. Subsequently, ASI Dharam Singh (PW -18) took the injured in the PCR Van to R.M.L Hospital where the doctor declared the injured as brought dead. Thereafter, he along with the Addl. S.H.O reached at the spot where H.C. Chander Bhan handed over to him a kirpan along with the cover. The kirpan and cover of the kirpan were recovered at the spot and was sealed by A.S.I Dharam Singh. Thereafter, the investigation was handed over to the S.H.O, Gurnam Singh Randhawa. The accused was detained at the spot and he recorded the statement of HC Chander bhan. The rukka was sent for registration of the case. The photos of the scene of occurrence were taken. The I.O. inspected the spot, site plan was prepared, 'Tat' which was lying at the spot in the park was sealed in a parcel, along with the sample soil was also taken into possession. The old turban lying at the spot was taken into custody. Thereafter, he came to Jai Singh road near quarter no. 2. Some blood was lying at the spot. He also took sample of concrete from the spot. The accused mannu who was detained at the spot was sent for medical examination by ASI Dharam Singh. He recorded the statement of eye witness Prakash Chander. He recorded the statement of other witnesses. After his examination, the accused was brought back to the NDMC park and was arrested. His personal search was taken and after interrogation of the accused, they went back to the police station. All the exhibits were deposited in the malkhana on 15.06.95. Accused was medically examined on 15.06.1995. The post -mortem of the deceased was conducted and the exhibits were sent for analysis and after completion of the investigation challan was filed.

(3.) ON behalf of the Appellant ­ Mannu, arguments were addressed by Ms. Nidhi Raman, Advocate (Amicus Curiae). The State was led by Mr. Sunil Sharma, Learned Additional Public Prosecutor.