VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.159/93 by Vinod Kumar and Criminal Appeal No.173/93 by Mukesh Kumar are directed against the judgment of an Additional Sessions Judge dated September 22, 1993,' convicting the appellants under Section 302 read with Section 34 Indian Penal Code and the order dated September 29, 1993, sentencing them to undergo imprisonment for life and to pay a fine of Rs.3,000.00 each. In default of payment of fine each of them was to further undergo rigorous imprisonment for two years.

(2.) Case of the prosecution, in brief, is that on May 24, 1985, at 10 PM Azad Singh, duty constable, Hindu Rao Hospital Public Witness IOA, informed on telephone Police Station Kingsway Camp that Om Parkash s/o Kundan Lal has been got admitted in hospital by one Satpal in injured condition and a police officer may be deputed. This information was recorded in Daily Diary at serial No.21A and a copy thereof was made over to SI K.L.Kalra Public Witness 18.He alongwith Constable Bhim Singh Public Witness 5 reached the hospital and collected medico legal certificate Ex.PW14/A relating to Om Parkash who was declared unfit for making a statement. Ramo Devi Public Witness 1, sister of Om Parkash, met PW18 in the hospital and he recorded her statement Ex.PW1/A to the effect that that day at about 8.15 PM Narinder Singh Public Witness 10 came to her jhuggi and told her that her brother Om Parkash is lying in Retla Khet and is calling her. Immediately thereafter she reached Retla Khet and found Om Parkash lying prostrate in the field. On inquiry Om Parkash told her that injuries to him were inflicted by Mukesh and Jyoti with chhuris and he be taken to hospital. Blood was coming out of his abdomen and his clothes were smeared with blood. His intestines were protruding out. She removed her saree and tied it around the abdomen of Om Parkash. She called her sister's husband Mohan Singh Public Witness 15 to take Om Parkash to Hindu Rao Hospital. She took along her maternal brother Sat Pal from Vijay Nagar who got Om Parkash admitted in hospital. Father's name of Mukesh is Murli and he runs a hotel. Jyoti is a friend of Mukesh and resides in DTC Colony and she knows both of them from before being neighbours. As Mukesh and Jyoti have badly injured her brother with chhuris, legal action may be initiated against them. After making endorsement Ex.PW5/A, this statement was sent by Public Witness 18 through Public Witness 5 to the Police Station and on the basis thereof FIR (carbon copy Ex.PW13/A) under Section 307/34 Indian Penal Code was registered against both the accused Vinod Kumar and Mukesh Kumar. Public Witness IOA handed over the parcel containing the blood stained clothes of Om Parkash to Public Witness 18 and that parcel was taken into possession by him vide memo Ex.PW11/A. Blood stained saree Ex.P1 of Public Witness 1 was also seized after converting into a parcel and sealing with the seal 'K.L.K.' vide memo Ex.PW1/B by Public Witness 18.

(3.) Case of the prosecution further is that Public Witness 18 reached Retla Khet, Sardar Nagar, from hospital where Ramo Devi Public Witness I, Mohan Singh Public Witness 15 and the other witnesses met him. He prepared the rough site-plan Ex.PW18/B on the pointing out of Public Witness I. On May 25, 1985 after Om Parkash was declared fit for making statement vide endorsement Ex.PW16/A by Dr.B.K.Dutta, Public Witness 18 recorded his statement Ex.PW18/C in the presence of his father Kundan Lal PW12. Om Parkash succumbed to injuries on May 31, 1985 in the hospital and his dead body was sent for post-mortem alongwith the application Ex.PW12/A etc. Autopsy on the body of the deceased was conducted by Dr.L.T.Ramani Public Witness 17 on May 31, 1985 and Ex.PW17/A is the post-mortem report in the hand of Public Witness I 7. It is further alleged that accused Mukesh Kumar was arrested on June 4, 1985. Accused Vinod Kumar @ Jyoti surrendered in court on June 6, 1985 and he was arrested by Public Witness 18 on June 7, 1985. Case property deposited in the Mal Khana of Police Station Kingsway Camp was sent to Central Forensic Science Laboratory for opinion and Exs.PW18/J, K and L are the CFSL reports. Scaled site-plan was prepared by SI Davinder Singh Public Witness 11 on June 12, 1985. On the expiry of Om Parkash the case was converted under Section 302/34 PC. Public Witness 18 recorded the statements of the Public Witness s and on completion of investigation he filed the charge-sheet against the accused.