NISSAR ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) Nissar @ Pappu and Ram Kishan @ Rammu have been convicted under Section 302 read with Section 34 Indian Penal Code vide judgment dated April 29, 1992 by an Additional Sessions Judge and by an order of even date they have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500.00 each, in default of payment of fine they are further to undergo rigorous imprisonment for one month each. Nissar @ Pappu has challenged his conviction and sentence by filing criminal appeal No.72/92. Ram Kishan @ Rammu too has challenged his conviction and sentence by filing criminal appeal No.163/92. As both these appeals arise out of the same judgment/order, we propose to dispose them of by this common judgment.

(2.) Case of the prosecution, in brief, is that while working as Duty Officer, P.S.Gandhi Nagar, on February 14, 1989 SI Satya Singh Public Witness 8 at about 8.30 AM received information on telephone from Lady Constable Rekha Rani of PCR in regard to a dead body kept in gunny bag lying in front of house No.9/23, Kailash Nagar, near Yamuna Pushta. Tthis information was recorded by Public Witness 8 in Daily Diary A at serial No.3 and a copy thereof Ex.PW8/A was made over to SI Devi Dayal Public Witness 16 for inquiry. On receipt of Public Witness 8/A, Public Witness 16 alongwith Constables Om Vir Singh Public Witness 6 and Ram Hari Pathak Public Witness 12 reached the said place and found a dead body there having injuries on the throat and the other parts of the body contained in a gunny bag. After making endorsement Ex.PW8/B on Ex.PW8/A, Public Witness 16 sent it for registration of a case to the Police Station through Public Witness 12 and on the basis thereof FIR No.44/89 (carbon copy Ex.PW8/C) was recorded by Public Witness 8. On personal search of the dead body by Public Witness 16 a passbook of Syndicate Bank in the name of Inderjit Singh Ex.PW16/B was recovered and the same was taken into possession vide memo No.PW16/A. Inquest proceedings were conducted by Public Witness 16 and the dead body was sent for post-mortem through Public Witness s 6 & 12. Autopsy on the body of the deceased was conducted by Dr.L.T.Ramani Public Witness 4 on February 15, 1989 and Ex.PW4/A is the post-mortem report. In the opinion of Dr.L.T.Ramani Public Witness 4 death was due to asphyxia resulting from strangulation. On February 14, 1989 dead body came to be identified that of Inderjit by Bhim Sen Public Witness 10 and Rattan Lal Public Witness 1. Public Witness 16 recorded the statement of Smt.Om Vati Public Witness 2, wife of the deceased. Further investigation of the case was taken up from Devi Dayal Public Witness 16 by R.L.Meena SHO P.S.Gandhi Nagar Public Witness 13 on February 15, 1989. On February 16, 1989 Public Witness 13 arrested accused Sunder Kumar (since dead) and Nissar. While in police custody on February 16, 1989, Nissar made a disclosure statement Ex.PW13/C and pursuant thereto he got recovered a wrist watch (make HMT) Ex.P2 from a box kept in the tea shop. After converting into a parcel and sealing with the seal of 'DDS' wrist watch Ex.P2 was taken into possession vide memo Ex.PW13/F. Case of the prosecution further is that accused Ram Kishan was arrested from near Swarn Cinema on February 24, 1989. He too made a disclosure statement Ex.PW13/J and in pursuance thereof handed over a silver ring Ex.P3 after taking out of the pocket of his pant to Public Witness 13. This ring also after converting into a parcel and sealing with the seal of 'DDS' was taken into possession vide memo Ex.PW13/H. Wrist watch Ex.P2 and the silver ring Ex.P3 came to be identified that of the deceased. Material exhibits were sent to CFSL and on completition of investigation charge-sheet was filed against both the said accused and Sunder Kumar.

(3.) In their statements recorded under Section 313 Criminal Procedure Code . plea taken by both the accused Nissar and Ram Kishan is of plain denial.