ROBIN Vs. STATE OF DELHI

JUDGEMENT

(1.) Robin @ Bablu is convicted for the murder of Munna Singh by gunshot injuries vide the impugned judgment dated August 08, 2012 and vide order on sentence dated August 17, 2012 he has been directed to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo Rigorous Imprisonment for six months. The fine if recovered shall be paid as compensation to the family of the deceased.

(2.) Learned counsel for Robin @ Bablu assails the prosecution case on the ground that there is no recovery of weapon of offence at the instance of the appellant. The evidence of PW-2 Renu Saini is not reliable as she herself has stated that Munna Singh had never met Robin @ Bablu personally earlier. Renu Saini further admitted that she washed the blood stained floor of the house with her petticoat and the defence of the appellant has not been considered.

(3.) The prosecution case rests on the testimony of Renu Saini PW-2 to whom the deceased reached immediately after receiving the gunshot injuries and made the dying declaration. Finding the deceased injured she woke up her son Ashish who took him to the hospital resulting in preparing of MLC Ex.PW-3/A. On admission of Munna Singh to the hospital information was sent to the Police Station Prashant Vihar which was recorded as DD No.11. ASI Ishwar Singh along with Constable Jal Raj reached Dr.Baba Saheb Ambedkar Hospital, obtained the MLC of Munna Singh son of Shankar Singh, resident of A-1/342, Sector-17, Rohini, Delhi and recorded the statement of the Renu Saini Singh. Renu Saini stated that she was residing at A-1/342, Sector-17, Rohini along with her son Ashish, his wife Mamta, daughter Bhavna and younger son Chintan. She was a house wife and had taken divorce from her husband around 11/2 years ago. Munna Singh used to stay as tenant in her earlier house at Sector-24, Rohini due to which their relations strengthen and he used to come to their house very often. She had relations with Munna Singh who used to look after her children. Munna Singh's wife and children used to live at Sector-23, Rohini. Her daughter Bhavna had relations with one Robin resident of Swaroop Nagar which she did not like. She told this fact to Munna Singh. On September 11, 2008 her daughter wanted to talk to Robin which she did not permit. Munna Singh who was also present at their house scolded Bhavna not to speak to Robin. Around 9.00-9.30 PM Bhavna bolted the door of the house from outside and went away. They got the bolt opened from a passerby. After some time Bhavna returned and when they asked why she had run away and why she had come back, Bhavna replied that she had spoken to Robin who has stated that he will come the next day and see that everything is set right. On the next day in the morning at around 6.30 AM her younger son had gone to throw garbage in the dustbin when he saw Robin roaming around their house. He informed this fact to Renu. When she asked Bhavna about it Bhavna stated that she had no concern with it. Thereafter at around 8.00 AM Munna Singh who had stayed in the night at their house was cleaning his Maruti car. At that time they heard fire shots when they came out they saw Munna catching hold of his stomach and stated that Robin has fired at him. Munna entered the house and lie down. Renu woke up her son Ashish and with him brought Munna Singh in the Maruti Car to the hospital where he was admitted. Renu deposed in sync with her statement recorded on the basis of which FIR was registered.