SOHAN LAL @SURESH @ SODA Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 14th August, 1998 and 17th August, 1998 in Sessions Case No. 82/1997 arising out of FIR No. 484/1997 u/s 302/34 IPC registered with PS Seelampur whereby the appellant was convicted under Section 302 IPC and was sentenced to undergo imprisonment for life and pay a fine of Rs.25000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of 36 months. In case of deposit of fine, an amount of Rs.20,000/ - is to be paid to the father of the deceased while the remaining amount shall go the State as cost of the proceedings.

(2.) THE facts and circumstances giving rise to this appeal are that on receipt of DD -18A (Ex. PW7/C), SI Devender Singh (PW16) along with constable Yograj (PW11) went to GTB Hospital where he collected the MLC of injured Rakesh Kumar who was declared ,,unfit for statement and was later on declared as ,,dead. PW3 Subhash Pal met SI Devender Singh in the hospital who gave the statement Ex.PW3/A alleging, inter alia, that on 23rd June, 1997 at about 8:00 pm, he along with his father and other family members were present at the roof of the house. At about 8:00 pm his brother Rakesh Kumar came to the house crying. He and his father went down stairs on hearing his noise and saw him in a pool of blood and he informed that he had been inflicted knife blows by Soda, Hakim and Shokeen in the street near the temple. Immediately he along with his father removed Rakesh Kumar in a TSR to GTB hospital where after about 1 1/2 hours he expired. The real name of Soda is Suresh, who is the son of Roshan Lal and is resident of House No.K -355/56, New Seelampur. Shokeen and Hakam are friends of Soda who were well known to him from before. There was a quarrel between his brother Rakesh and Suresh @ Soda and Shokeen and they were having inimical relation and in order to take revenge, they have murdered his brother. He prayed for an action against them. After making endorsement Ex.PW -7/A, Rukka was sent to Police Station through Constable Yograj (PW11) on the basis of which FIR Ex. PW7/B was registered. The duty constable handed over the clothes of the deceased in a sealed parcel which was taken into possession vide Ex. PW -11/A. SI Devender thereafter reached the spot along with Constable Yograj where they met PW Madan Pal. His statement was recorded. Scene of crime was got photographed. Site plan was prepared. Blood stained brick and earth control were taken into possession. T.shirt of purple colour and pant of brown colour containing blood stains of the deceased and belonging to PW3 Subash Pal were also taken into possession. It is further the case of prosecution that on 24 th June, 1997, the

(3.) CHARGE for offence under Section 302/34 IPC was framed against the accused to which they pleaded not guilty and claimed trial.