INDERJEET SINGH Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order on sentence dated 28th November, 1998 and 30th November, 1998 respectively passed by the learned Additional Sessions Judge, New Delhi in Sessions Case Nos.42/91 and 48/91 arising out of FIR No.225/90, PS Kotla Mubarakpur whereby the appellants were convicted u/s 302 IPC r/w Section 34 IPC and accused Inderjeet Singh was also held guilty and convicted under Section 27 of the Arms Act and was sentenced to undergo imprisonment for life and a fine of Rs.5000/ - each, in default of payment, further to undergo SI for 3 months. Accused Inderjeet Singh @ Inder was also sentenced to RI for one year under Section 27 of Arms Act and this sentence was to run concurrently with the sentence already awarded to him u/s 302 IPC.

(2.) THE prosecution case in brief, as made out from the police report sent under Section 173 Cr.P.C. is that on 3.8.1990 on receipt of DD No. 18 -A, SI Joginder Singh along with SI Gian Singh, Constable Jai Singh and Constable Narender Pal reached at Sukhdev Market near street which goes to Qumayun Restaurant, where in a street near H.No. H -801 a crowd was gathered and they came to know that injured had been removed to AIIMS in a PCR vehicle. Leaving Constable Narender Pal at the spot, SI Joginder Singh along with other police officials reached at AIIMS, where he came to know that injured Devinder Singh @ Ladi was declared as brought dead . Parminder Singh and Amar Singh, brother of the deceased were found present in the hospital. Parminder Singh gave his statement to SI Joginder Singh to the effect that he has six brothers and his three brothers, namely, Harinder Singh, Ravinder Singh and Rajinder Singh reside with his mother Smt. Prakash Wati at H.No.826/5 Arjun Nagar. His eldest brother Amar Singh resides at H.No.15/88, Geeta Colony along with his family and he along with his family resides at 53/F D12 Area, Sector 4, Bangla Sahib Marg, New Delhi. His sister Saroj resides at 98 -A Baba Kharak Singh Marg along with her family. About three years ago, one Gujjar namely Khazan Singh had been murdered and his brother Devinder Singh @ Ladi has been arrested for his murder and a case was pending against Devinder Singh in the Court. Devinder Singh was released on interim bail from the Court and he used to reside with his sister Saroj. On 3.8.1990 Devinder Singh came to his house at 826/5, Arjun Nagar to meet his family and his brother Amar Singh also reached there and they had their meal together. At about 10:00 PM, he along with his brothers Devinder Singh and Amar Singh left the house for going to their respective houses and they were going on foot towards Taxi Stand, Sukhdev Market. He and Amar Singh were little ahead of Devinder Singh. At about 10:10 PM, when they reached near the corner of Sukhdev Market, Devinder Singh raised an alarm Bachao -Bachao and when they turned back, they saw that Amar Singh, S/o Likhi Chand and Shiv Charan, S/o Pooran Chand were giving hockey blows to Devinder Singh and Inder, S/o Khazan Singh was giving knife blow to Devinder Singh. His brother Devinder Singh fell on the ground and Inder gave him many knife blows. When they tried to rescue their brother, all the above said three persons brandished their knife and hockeys and said that whosoever will come to save Devinder Singh, they will also kill him and all of them ran towards Bhisham Pitamah Marg. His brother Devinder Singh became unconscious. Many persons including Sujan Singh, S/o Ram Singh collected there. After sometime, PCR van came and removed Devinder Singh at AIIMS, where he was declared dead by the Doctor. On this statement, a case was got registered and the investigation was conducted by Inspector Richpal Singh. During investigation, Inspector got the spot photographed, prepared site plan, seized one broken piece of hockey, one pair of dirty white shoes, one steel strip, sample blood, blood stained earth, sample earth from the spot. Inspector also seized the blood stained clothes of Amar Singh and Parminder Singh, got conducted the post mortem on the dead body of deceased, recorded the statement of witnesses and collected the post mortem report. After post mortem, dead body was handed over to the legal heirs of the deceased. Inspector arrested the accused persons and recorded the disclosure statement of accused Inderjeet Singh @ Inder, who in pursuance of his disclosure statement, got recovered the knife, which was used to commit the murder of Devinder Singh. Inspector also recorded the disclosure statements of accused Amar Singh and Shiv Charan, who got recovered the hockeys, used in commission of offence. Inspector seized the knife and hockeys and sealed them separately in pulandas with the seal of JS. Exhibits were sent to CFSL. After completion of investigation, challan under section 302/506/34 IPC was filed in the Court of concerned Metropolitan Magistrate, who committed this case to the Court of Sessions being exclusively triable by it as such. All the accused persons pleaded not guilty to the charge framed against them under section 302/506/34 IPC and claimed trial. Accused Inderjeet Singh was separately charged for an offence under Section 25 and 27 of Arms Act.

(3.) THE Trial Court came to the conclusion that the prosecution had brought home the guilt of the accused persons and accordingly convicted them for murder punishable under Section 302 read with Section 34 IPC and sentenced as mentioned above. Aggrieved by the judgment and order on sentence passed by the Trial Court, the present appeal was filed by the appellants, namely, Inderjeet Singh, Amar Singh and Shiv Charan. However, during the pendency of the appeal, appellant Shiv Charan, expired on 12th April, 2008 as per the death certificate filed by the State along with the status report. As such, the appeal stands abated qua him.