PARMOD KUMAR Vs. THE STATE

JUDGEMENT

(1.) Parmod Kumar, the appellant in Criminal Appeal No.143/2004, has challenged the judgment dated 19th January, 2004 convicting him under Section 302 read with Section 120-B Indian Penal Code, 1860 (IPC, for short), and Section 395 read with Section 120-B IPC. The said conviction arises out of charge-sheet filed in FIR No.253/1995 Police Station Lodhi Colony, relating to homicidal deaths of Anil Kumar Shokal, Vijender Kumar Shokal and H.P. Pandey, as result of fire arm injury in an occurrence late in the evening on 5th July, 1995.

(2.) Earlier, vide charge-sheet dated 25th September, 1995, Lokesh, Mukesh, Prem Shakar, Rajeev and Sanjay Yadav (since deceased) were prosecuted under Sections 302/396/397/398 read with Section 120-B IPC and Section 201 read with Section 34 IPC in FIR No.253/1995 Police Station Lodhi Colony relating to the same occurrence. They were acquitted. The State, in Criminal Appeal No.371/1998, has challenged the judgment dated 6th October, 1997, acquitting Lokesh, Mukesh, Prem Shankar, Rajeev and Sanjay Yadav (since deceased) from the said charges. One Mahesh was also charge sheeted but was discharged vide order dated 25th May, 1997.

(3.) The reason for two separate charge-sheets and judgments is that the appellant Parmod Kumar could not be earlier arrested and was declared a proclaimed offender. Parmod Kumar was arrested after he surrendered in the Court on 7th January, 1998, nearly three months after the judgment of acquittal dated 6th October, 1997 in the case of Lokesh, Mukesh, Prem Shankar, Rajeev and Sanjay Yadav (since deceased).