ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by one Anil Kumar against the judgment and order dated 10-12-90 and 12-12-90 passed by an Additional Sessions Judge Delhi whereby he sentenced him to undergo for life under Sec. 302 of Indian Penal Code. He was further sentenced to undergo rigourous imprisonment for five years with a fine of Rs. 10,000.00 U/s 449 of the Indian Penal Code. In case of default of payment: of fine to RI for a period of two years. He was also sentenced to Rl for two years under Section 27 of the Arms Act. All the sentences were to run concurrently. The other two co-accused persons known as Prem Kumar and Kaushalya were acquitted of all the charges levelled against them.

(2.) The case of the prosecution as adumbrated in the FIR, Ex. PW8/A statement of Public Witness Rajinder (Ex. Public Witness 8/B) and various other documents placed on record is under : that the deceased Amar Singh along with his wife and children was in occupation of House No. 2942, Street No. 17-A, Kailash Nagar, Gandhi Nagar, Delhi. One of the rooms of the said house was in possession of one Rajinder Public Witness / 8. During the intervening night of 25 /26th February, 1986. Sh. Rajinder was alone in his room as his wife had gone to see and meet one of her relations. The wife of Sh. Amar Singh (hereinafter referred to as the deceased), Public Witness 1 Smt. Ram Rati raised an alarm at near about 2.30 a.m. On hearing the same, he immediately came out of his room and found her standing at the door of a room 'A-l'. He saw a person, running from the room of Smt. Ram Rati Public Witness I towards the roof of the house through the stair case. On entering the room,he saw the deceased in a pool of blood. The deceased was wearing a banyan and underwear at that time. The same were soaked with blood. On being asked PWI Ram Rati told him that the person, who had fled, was the assailant who stabbed her husband. He left Public Witness I Ram Rati at the aforesaid house and set out for the police station along with Rati Ram and Radhey Lal brothers of Ram Rati to lodge a report with the police station Gandhi Nagar The above statement of Public Witness 8 Rajinder was recorded at serial No. 25-A dated 25/26-2-86 of the daily diary vide Ex. Public Witness 8 IB. On the basis of the above statement of Public Witness Rajinder. a case U/s 302 Indian Penal Code was registered vide FIR Ex. PW8/A. '

(3.) A copy of the F.I.R. was sent to Shri S. K. Rathi, FW18 through Constable Jagdish Lal, who was entrusted with the job of investigation. Consequently, he arrived at the spot. He prepared an inquest report vide Ex. Public Witness 18/A. He seized from the spot one guilt, a bed sheet, a carpet, two gunny bags and a muffler vide Ex. PW14/A. Blood was also lifted from the place of occurrence and was taken into possession vide Ex. Public Witness 14/B. A site plan of the place of incident was prepared vide Ex. Public Witness 13/C. The dead body was sent. for purposes of post mortem. Dr. L. T. Ramani, Public Witness 17, conducted the autopsy on the dead body. His report is Ex. Public Witness 17/D. He recorded the statements of the prosecution witnesses. He arrested the accused Anil Kumar and Prem Kumar vide Ex. Public Witness 5/G and Ex. Public Witness 5'H. Smt. Kaushalya was arrested from her house vide Ex. PW15/A. All the articles were sent to CFSL for chemical analysis. The results of the said analysis arc Ex. Public Witness 18/J & Public Witness 18/K. A site plan of the place of occurrence was got prepared vide Ex. Public Witness 7/F. After completing all the formalities a charge sheet was submitted before the concerned Magistrate against the accused persons including ellant herein. since the learned Magistrate was of the view that the alleged offence under Section 302 of the Indian Penal Code was exclusively triable by the Court of Sessions, he thus cominitted all the accused persons to the Court of Sessions for trial.