HARI OM Vs. STATE

JUDGEMENT

(1.) . This appeal seeks to challenge the judgment and order dated 18th July, 2000, in Sessions Case No. 85/99, arising out of FIR No. 478/1997, Police Station Vivek Vihar, under Section 302/34 IPC, whereby the learned Judge has held the appellant-Hari Om guilty for the offence of murder of Premwati, punishable under Section 302 of the Indian Penal Code. The learned Judge vide order dated 24th July, 2000, has sentenced the appellant to undergo imprisonment for life and to pay a find of Rs. 3000/- and in default of payment of fine to undergo RI for two years.

(2.) The brief facts of the case, as has been set out in the judgment of the Additional Sessions Judge, are as under : ?o The facts that borne out of report under Section 173 of the Code of Criminal Procedure 1973 (in short the Code), are hat on 12.11.1997, Smt. Premwati was taken to SDN hospital, Shahdara by her daugther's son, namely, Raj Kumar. He got her admitted there in the hospital. There were fire arm entry wound and exit wound on her person. Police was informed. Rajender Kumar SI reached the hospital and recorded statement of Smt.Premwati. She reported that she resides at H.No. 6/64, Mohalla Maharam, Shahdar, Delhi. That day at about 10 a.m., she was brooming the compound in front of her house. Hari Om and his younger brother Narender, who are known to her from before reached there. On seeing her both of them uttered that days of life had completed. Narender exhorted Hari Om to fire at her. On that exhortation Hari Om had taken out a pistol like weapon out of his wearing coat and fired at her with an intention to kill her. After firing at her, they ran away from the spot. On hearing a bang of bullet fire, her daughter's son, namely, Raj Kumar reached at the spot and removed her to hospital. There is an old enmity between Hari Om and Narender on one hand and they (witnesses and her family) on the other. They had attacked her with an intention to kill her. On the said report of Smt.Premwati case FIR No. 478 of 1997 was registered at Police Station Vivek Vihar for an offence punishable under Section 307 of the Penal Code. Investigation was taken up Rajender Kumar SI Smt. Premwati succumbed to the injuries during noon hours there in the hospital on the date of her admission itself. Offence punishable under Section 302 of the Penal Code was added to the case. Accused Hari Om was arrested by K.L.Yadav SI on 28.11.97 within the jurisdiction of Police Station Badarpur, Delhi. At countrymade pistol and nine cartridges were recovered from his possession. He was also arrested in the case under reference. His brother Narender absconded. In due course of investigation, accused Hari Om was challaned to face trial. 5. Accused pleaded not guilty to the charge framed against him for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code. ?

(3.) The prosecution in order to establish its case has examined 23 witnesses. PW-1, Constable Jagdish Prasad has deposed that on 12.1.1997 he was posted at Police Post Anaz Mandi, Police Station Vivek Vihar, on which day DD No.14 was handed over to SI Rajinder Singh, Incharge Police Post Anaz Mandi and he alongwith SI Rajinder Singh went to the spot 6/64, Maharam, Shahdara, Delhi. On reaching there, it was revealed that injured had been taken to the hospital. At that time, ASI Inder Pal and Constable Murli Singh also reached the spot. SI Rajinder Singh after leaving ASI Inder Pal and Constable Murli Singh at spot went to the SDN Hospital and there collected the MLC of Premwati. This witness further deposed that the investigating officer after receiving the MLC of Premwati has recorded her statement, which became the rukka taken by him to the Police Station for the registration of the case. This witness brought back the FIR to the hospital and handed over a copy of the same to the investigating officer. The investigating officer thereafter went to the spot and on 13.11.1997 he alongwith Constable Kirari Lal took the dead body of Premwati from the SDN Hospital to Sabji Mandi mortuary and after post mortem handed over the same to the relatives of Premwati.