SURENDER KUMAR MATHUR Vs. STATE

JUDGEMENT

(1.) Speedy trial is the hallmark of a fair, just and reasonable procedure inconformity with the constitutional obligations enshrined in Article 21 however, when the speedy trial results in the denial of a fair trial to the accused the same would be violative of his constitutional rights. This is the grievance of Surender Kumar Mathur who by the impugned judgment dated January 18, 2014 stands convicted for the murder of Jai Kumar by gunshot injuries from his service pistol and destruction of evidence with the intention to screen himself from the legal punishment. Vide impugned order dated February 06, 2014 he has been directed to undergo Imprisonment for life and fine of Rs. 2 lakhs and default of payment of fine to undergo simple imprisonment for a period of one year and in case the fine is recovered the same be paid to father of the deceased as compensation under Section 357 Cr.P.C. for offence punishable under Section 302 IPC. He has also been awarded Rigorous Imprisonment for a period of three years and fine of Rs. 2,000/- and in default of payment of fine to undergo simple imprisonment for a period of 15 days for offence punishable under Section 201 IPC. For offence punishable under Section 27 Arms Act the appellant has been directed to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for a period of one month.

(2.) The prosecution case unfolds from an information DD No.27A received on December 03, 2009 at 4.25 PM at PS Begumpur regarding an unidentified dead body lying at Flat No.50, Pocket 16A, Sector 22, Rohini, Delhi. SI Jai Prakash PW-30 and Constable Hari Ram PW-18 reached the spot where they found lying a body in a pool of blood in the kitchen of the flat having bullet injuries. Near the body three fired leads and two empty cartridges were lying. The identity of the dead body could not be established, the place where the dead body was recovered being uninhabited because the DDA flats situated near the place of incident were in damaged condition and there were no occupants.

(3.) On the basis of the endorsement on DD No.27A a rukka was prepared and FIR No.48/2009 was registered under Section 302 IPC. Since the identity of the deceased could not be established, the post-mortem was deferred and finally conducted on December 11, 2009. On December 21, 2009 Baddal PW-23 the father of the deceased came to the police station and inquired about the photographs being flashed in the cable TV etc. He was shown the photograph of the deceased and he identified the same to be of his son Jai Kumar and raised his suspicion on Sonu @ Surender Kumar Mathur, a constable in the Delhi Police resident of Village Karala as he was having some money dispute with him. Surender Kumar Mathur was brought to the police station and interrogated however, he gave evasive replies and no sufficient material could be found against him. On January 02, 2010 the investigations stood transferred to Special Staff and was taken over by Inspector Puran Pant PW-29. On April 15, 2011 he collected pistol 9512 from PS Kanjhawala which was issued to Constable Surender Mathur and sent the same to FSL Rohini for comparison with the bullet and cartridge cases recovered. Five cartridges were also got issued so that they could be test fired from the pistol seized. On receipt of FSL report Surender Kumar Mathur was arrested on January 21, 2013.