BHOGI CHAUDHARY Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the three appellants and is directed against the judgment dated 9th July, 2001 and the order of sentence dated 10th July, 2001 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No. 72/2000 whereby the learned trial Court has convicted all the appellants under Sections 302/365/201 / 120(b) and sentenced them to undergo life imprisonment under Section 302, IPC and also to undergo imprisonment for different periods under other sections with further direction that all the sentences shall run concurrently and also to pay fine.

(2.) The prosecution case, in brief, is that a case was registered on the complaint lodged by Dev Kumar, brother-in-law, of deceased Dinesh Mehto, who was examined in the trial as PW-3. He alleged in the first information report that his brother in law Dinesh Mehto along with Pramod Kumar and Bhogi Chaudhary were residing together in House No. 87/2, Jamrood Pur, Df.lhi, as tenants. Shibu and another brother of Bhogi Chaudhary also came from village to the house where Bhogi Chaudhary was staying and they were residing in the said house along with the said three persons. It was also alleged that on 1.7.98 a theft took place in the aforesaid room where all the aforesaid three persons together with Shibu and the other brother were residing and articles of Dinesh Mehto, Pramod Kumar and Bhogi Chaudhary were stolen for which Dinesh Mehto started accusing both Pramod Kumar and Bhogi Chaudhary. As Dinesh Mehto was found missing after 18th July, 1998, a missing report was lodged by said Dev Kumar on 26th July, 1998 and in the said report he had cited the names of Bhogi Chaudhary and his brother Shibu as suspects. On receipt of the aforesaid information, a case being FIR No. 307/98 was registered and thereafter police started investigation. After completion of the investigation the police filed a charge-sheet as against the aforesaid three appellants and also against Ravi Kumar. However, Ravi Kumar could not be arrested by the police and thereafter he was declared as a proclaimed offender. Thereafter, charges were read over to the three accused, who pleaded not guilty to the charge and claimed for trial.

(3.) During the trial, prosecution examined, in all, 13 witnesses, including the Doctor, PW-2, who had performed the post-mortem examination on the body of deceased Dinesh Mehto. After recording the evidence of the prosecution witnesses the learned trial Court heard the arguments of the Counsel appearing for the parties and thereafter passed the impugned judgment and order of conviction and sentence.