SURENDER Vs. STATE

JUDGEMENT

(1.) The appellant assails the judgment dated 26th Sept., 2015 whereby the appellant has been found guilty for commission of the offences under Sections 302 and 323 of the Indian Penal Code (hereafter 'IPC ') with which he was charged. The appellant has also challenged the consequential order on sentence dated 30th Sept., 2015 whereby he has been sentenced to imprisonment for life with fine of Rs. 5,000.00, in default to undergo further rigorous imprisonment for a period of six months for the commission of the offence under Sec. 302 IPC. He was sentenced to rigorous imprisonment for a period of six months for commission of the offence under Sec. 323 IPC. Both sentences were directed to run concurrently and benefit of Sec. 428 of the Code of Criminal Procedure (hereafter 'CrPC ') was allowed to the appellant.

(2.) On the 4th of April, 2012, at about 07:15 AM. ASI Dharampal (PW-12) who was Incharge of a PCR Van in the South West Zone, Delhi received telephonic information with regard to an incident at the premises no. G-5, Gali No. 4, Vishwas Park, Delhi and upon reaching found Lalu and Sheela in an injured condition. He also noted a bloodstained brick, the handle of a tava, and a bloodstained pillow and mattress (gudri) lying on the spot. He rushed the injured to the Deen Dayal Upadhyaya Hospital in the PCR Van. Ct. Kuldeep who was examined as PW-1 has corroborated the above facts in his testimony.

(3.) As per the case of the prosecution, at about 07:25 AM in the morning of 4th April, 2012, information of the incident was received by HC Harikesh (PW-10) from the wireless operator regarding an incident at the premises no. G-5 in Gali No. 4, Vishwas Park which was logged as DD no. 9A (Exh.PW-10/A). The information was transmitted to SI Dinesh Kumar (PW-14) on emergency duty who along with Ct. Surjeet reached the spot.