DALIP TRIPATHI Vs. STATE

JUDGEMENT

(1.) This judgment shall decide upon the aforementioned two appeals filed under Sec. 374(2) of the Criminal Procedure Code, 1973 ['Cr.P.C.'], assailing the judgment dtd. 15/1/2020 passed by the learned Additional Sessions Judge-02 (West), Tis Hazari Court ['trial Court'], whereby the appellants/accused, Dilip Tripathi (hereinafter referred to as 'A-1') and co-accused/co- appellant Raju Tiwari (hereinafter referred to as 'A-2'), were convicted under Sec. 302 read with Sec. 34 of the Indian Penal Code ,1860 ['IPC']. Consequently, by the order on sentence dtd. 18/1/2020, both A-1 and A-2 were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 each, with a further stipulation that, in the event of default, they shall undergo an additional three months of rigorous imprisonment. Considering the similarity of the issues involved, both matters are appropriately heard and adjudicated together.

(2.) In brief, the prosecution's case is that on 17/3/2014, DD 'Daily Diary' No.42A Ex. PW-20/A was recorded regarding a murder near Sombir Property, Village Tikri, Rohtak Road, which information was relayed telephonically to SI 'Sub-Inspector' Kuldeep Singh PW-25, who, accompanied by Constable Sudhir PW-21, proceeded to the scene of the incident at Drall Properties, Main Bahadurgarh Road, Mundka, Delhi, where they were joined by the SHO 'Station House Officer' of PS 'Police Station' Mundka, along with Inspector Sanwar Mal PW-26, IO 'Investigating Officer'. They discovered a deceased male lying on a heap of building material (bajri), who was identified as Bharat (hereinafter referred as the 'deceased') son of PW-1 Sat Narain Choudhary. Bloodstains were observed on the deceased's clothing, and injury marks were visible on his head. Further inspection of the premises revealed bloodstains on the floor inside Drall Property Shop, with traces indicating that the deceased had been dragged from inside the shop to the exterior. A bailcha and a kassi (fawda) bearing bloodstains were also discovered within the premises. Consequently, a crime team was summoned, which proceeded to document the scene through photographs Ex. PW-13/ B-1 to B-14 and prepared a report accordingly Ex.PW-14/A.

(3.) The IO/ PW-26 recorded the statement Ex.PW-4/A of Satbir Singh PW-4, the proprietor of Drall Property at P.No. 547, Main Rohtak Road, where the incident had occurred. He stated that his property shop also dealt in building materials at the rear side of the shop. According to PW-4, on 17/3/2014, at approximately 6:30 PM, his servant, PW-17 Ram Brij Paswan @ Ranbir, informed him telephonically about a violent altercation between the deceased and two individuals, namely Dilip Tripathi (A-1) and Raju Tiwari (A-2), resulting in grievous injuries to the deceased. PW-4 further stated that all four individuals were neighbours residing within the property shop. Upon arriving at the scene, PW-17 was examined by the IO/PW-26 who reiterated that a scuffle had occurred between the deceased and both A-1 and A-2, who subsequently fled, switching off their mobile phones. On the basis of PW-4's statement, the IO/PW-26 made the Rukka endorsement Ex.PW-4/A, which was handed over to PW-21 Constable Sudhir, leading to the registration of FIR No. 125/2015 Ex.PW-20/B on 17/3/2014 at PS Mundka under Ss. 302 and 201 read with Sec. 34 IPC.