VIJAY PAL Vs. STATE OF DELHI

JUDGEMENT

(1.) APPELLANT -Vijay Pal has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) by the impugned judgment dated 20th July, 2010, for murder of Geeta. Appellant has also been convicted under Sections 449 and 506 IPC and Section 27 of the Arms Act, 1959. By order on sentence dated 22nd July, 2010, the appellant has been sentenced to life imprisonment with fine of Rs.5,000/ - for the offences under Section 302 as well as 449 IPC. For the offence under Section 506 IPC, the appellant has been sentenced to Rigorous Imprisonment for two years with fine of Rs.5,000/ - and for the offence under Section 27 of the Arms Act the appellant has been sentenced to Rigorous Imprisonment for seven year with fine of Rs.5,000/ -. The sentences are to run concurrently and benefit of Section 428 Cr.P.C. has been granted. In default of payment of fine, the appellant has to undergo Rigorous Imprisonment for six months on each count.

(2.) BY the impugned judgment, the trial court had acquitted Karan @ Gaura and Satish, who were also tried. We record that the State has not preferred any appeal against their acquittal and the decision to this extent has attained finality.

(3.) AT the outset, we notice and record that the appellant has not questioned that Geeta had died unnatural and homicidal death as a result of a bullet injury. The said fact even otherwise has been duly proved and established beyond doubt from the testimony of Dr. K. Goel (PW -12), who had conducted the post -mortem on the body of Geeta and had found one lacerated punctured wound with inverted margins of the size 2.4 cm x 1.1 cm oval shape with contused abrasions at margin with blackening around it. Marked tattooing was seen all over left face, left forehead and nose and around the mouth and over right side of the face near the nose and the mouth. Post -mortem report records and Dr. K. Goel (PW -12) has deposed about the entry wound of the fire arm and stated that no external injury, i.e., exit wound was seen upon examination. On exploration, it was observed that the deceased had suffered comminuted fracture on the left side of maxilla with multiple broken teeth inside oral cavity and the injury tract led towards cervical column. One bullet was found embedded between the second and third cervical vertebrae in left lateral. The injury had caused massive bruising and clots around and upto the depth of the canal. Spinal cord was extensively lacerated. A bullet was recovered and sealed. The firearm injury and spinal injury were sufficient to cause death in the ordinary course of nature. The post -mortem report was marked Exhibit PW -12/A. It may be noted that the dead body was received in the mortuary as deposed by PW -12 on 18th October, 2007 at 8.15 A.M.