STATE Vs. SURENDER SINGH

JUDGEMENT

(1.) By the judgment dated 9th May 2011 passed by the Additional Sessions Judge-02 (South), Saket Courts, New Delhi in SC No. 81 of 2009, Surender Singh (Accused No.1), Lakhpati Devi (Accused No.2), and Narender Singh (Accused No.3) have been found guilty of committing the murder of Urmila Devi, wife of A-1, and have been convicted of the offences under Sections 302 and 201 read with 34 IPC. By the order on sentence dated 10th May 2011, all three accused were sentenced to death for the offences under Section 302 IPC read with 34 IPC. For the offence under Section 201 read with 34 IPC, each accused was sentenced to seven years" rigorous imprisonment ("RI") and fine of Rs.1,000 and in default to suffer simple imprisonment ("SI") for three months.

(2.) Death Sentence Reference No. 2 of 2011 has been preferred by the State under Section 366 (1) of the Code of Criminal Procedure 1973 (Cr PC) seeking confirmation of the death sentence awarded to the convicts. The accused have preferred Criminal Appeal No. 955 of 2011 challenging their conviction and sentence.

(3.) According to the prosecution on 17th October 2007 at about 7.59 am the Police Control Room ("PCR") Police Headquarter, Delhi received information from Mobile No. 9811861369 that one dead body was lying in House No. 88, Humayun Pur Village, Safdarjung Enclave, New Delhi. Constable Ganesh (PW-15) filled up the PCR form (Ex. PW-14/A) and handed over the filled up Part-1 form to the Wireless/Net Operator. This was recorded by a Woman Head Constable ("WHC") Vidhya Devi (PW-4) vide daily diary ("DD") No. 12A and the copy thereof was handed over to ASI Surender Kumar (PW-12) who was at the Police Station (P.S.) Sarojini Nagar.