SHAUKAT AND ORS. Vs. STATE

JUDGEMENT

(1.) Lakhinder and Shaukat by the impugned judgment dated 28th January, 2012 have been convicted under Section 302 read with Section 34 and Section 396 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder and dacoity on Dina Nath at about 4.50 A.M near Shiv Mandir, Tulsi Nagar. Lakhinder has also been convicted under Section 412 IPC. By the order on sentence dated 31st January, 2012, the appellants have been sentenced to imprisonment for life, fine of Rs.10,000/- each and, in default of payment of fine, to undergo simple imprisonment for six months for the offence under Section 396 IPC. However, the impugned order on sentence records that, in view of the provisions of Section 71 IPC, no separate sentence was imposed for the offence under Section 302 read with Section 34 IPC and, in the case of Lakhinder, for the offence under Section 412 IPC (we have merely reproduced the order on sentence and are not commenting on the same).

(2.) There is ample evidence to show that that the said Dina Nath was robbed and stabbed by three-four unknown persons at about 4.50A.M. on 12th June, 2010 near Tulsi Nagar Nala Road (see deposition of Vinod Kumar Sharma (PW-5), pujari of Shiv Mandir, Tulsi Nagar). Constable Dharamvir (PW-1) and ASI Veer Singh (PW-2) had taken Dina Nath to Hindu Rao Hospital where he was admitted for treatment at about 5.10 A.M. on 12th June, 2010 vide MLC Exhibit PW29/A (proved by Dr. Noor Ali (PW-29), who identified handwriting and signatures of Dr. M.D. Hassan). Dina Nath was declared unfit for statement and expired at about 10 A.M. on 13th June, 2010. Constable Dharamvir (PW-1) and ASI Veer Singh (PW-2) have testified that Dina Nath had informed them that he was stabbed by three to four boys, who then proceeded to steal his mobile phone and Rs.20-25/-.

(3.) Prosecution asserts that the two appellants, Lakhinder and Shaukat; Shahid @ Sheru (not arrested) and two juveniles had robbed and inflicted stab wounds on Dina Nath. The case set out in the charge sheet and before the trial court is entirely predicated on circumstantial evidence, viz: recovery of the mobile phone instrument of the deceased with IMEI No. 35523203719007 (1) from Lakhinder on 16th July, 2010, SIM card of the deceased Dina Nath bearing No. 9717146012 in the mobile instrument bearing IMEI No. 35905903158206(0) statedly used by Shaukat and call detail records (CDRs, for short). Statedly collaborative evidence is also relied upon to complete the chain of circumstances against the appellants.