AJAY GUPTA Vs. STATE

JUDGEMENT

(1.) Ajay Gupta. Arun Kumar and Bhanu Dhingra have been convicted by an Additional Sessions Judge for the offences punishable under Sections 302 & 201 read with section 34 IPC vide judgment dated January I, 1991 and by a subsequent order of even date that they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 300/ - each under section 302/34 IPC and two years rigorous imprisonment and a fine of Rs. 200/ - each under section 201/34 IPC. In default of payment of fine under the first count each accused is to further undergo rigorous imprisonment for two months while-under the second count each of them is to undergo rigorous imprisonment for one month.

(2.) Against their convictions and sentences Ajay Gupta has come up in Criminal Appeal No. 13/91 while the remaining two accused have filed Criminal Appeal No. 14/91 and as both these appeals arise out of the common judgment, we propose to dispose them of by this common order.

(3.) In nutshell, the case of the prosecution is that on June 23. 1988.51 Kapoor Singh PW 9 while posted in PCR, received information on telephone from an unknown person around 1.16 PM that some thing tied in a gunny bag is lying in suspicious circumstance near the wall of Ganda Nala. Gulabi Bagh and this information was passed on by him on telephone to PW 12 ASI Balbir Singh. Duty Officer. Police Station Sarai Rohilla. PW 12 recorded that above information in Daily Diary No. 6A and a copy thereof Ex. PW 12/A was made over to ASI Kuldeep Singh PW 22 for inquiry. PW22 along with Constable Baljar Singh PW 11 reached the said place and there he found a gunny bag mouth whereof was tied with a string lying by the side of the wall of Ganda Nala and on opening the gunny bag was found to contain dead body of a young boy in the age group of 22-23 years. On checking body was found to be having ligature, marks around the neck and the blood was also coming out from the mouth and the ear. As it was a case of murder PW 22 after making endorsement on Ex. PW 12/A sent the same through PW 11 for registration of a case and on the basis there of FIR (carbon copy Ex. PW 12/C) was registered under section 302 IPC by ASI Balbir Singh PW 12. Investigation of the case was made over to ASI Bir Singh PW 24. PW 24 after completing the inquest proceedings sent the body of the deceased for autopsy alongwith the application for postmortem Ex. PW 24/B and the other papers. Gunny bag Ex. P 11 and the piece of string Ex. PlO were taken into possession vide memo Ex. PW 22/ A by PW 24. Post-mortem on the body of the deceased was conducted by Dr. T.L. Sarna PW 1 on June 24, 1988. Case of the prosecution further is that for identification of the dead body photos of the body were shown to the people in the nearby area and a news item was also got inserted in the issue of June 24, 1988 in various newspapers. On June 24, 1988 dead body came to be identified that of Nand Kishore by the father of the deceased Kaluchi Ram PW 2 and the brother Jugal Kishore PW 5. Oh June 26, 1988 Girish Chand PW3 and Vinay Kumar PW 4 came to Police Station Sarai Rohilla and got their statements recorded. As per that statement of PW 3 Arun Kumar and Bhanu Dhingra accused made extra judicial confessions before him in regard to having committed the murder of the deceased alongwith accused Ajay Gupta. According to PW 4, he saw all the three accused and the deceased climbing the stairs of quarter No. 418, Delhi Administration Flats, Gulabi Bagh, allotted in the name of the father of Ajay Gupta on June 22. 1988 around 8.45 p.m. Arun Kumar and Bhanu Dhingra accused were arrested on June 22, 1988 by PW 24. Pursuant to the disclosure statement Ex. PW 8/A made by accused Arun Kumar, a polythene bag Ex. P8 containing bushirt Ex. P6. a pair of chappals Ex. P5/I & 2 and pass-book in the name of the deceased Ex. P9 was recovered from a heap of stones lying on the road under construction near the wall of Gulabi Bagh on June 27, 1988. Accused Bhanu Dhingra pursuant to the disclosure statement Ex. PW8 IE further got recovered a wrist watch Ex. P4 from behind photo frame fixed on the wall of one of the rooms of his house No. 1372, Second Floor, DDA Flats, Gulabi Bagh. Bushirt Ex. P6, pair of chappals Ex. P5/l&2 and the wrist watch Ex. P4 came to be identified that of the deceased by Kaluchi Ram PW 2. After surrender in court on June 30, 1988. Ajay Gupta accused was arrested by PW 24 on July 2, 1988 and pursuant to the disclosure statement Ex. PW 2/C made by him Parna Ex. P1. old cycle tube Ex. P2 and a roll of string Ex. P3 were recovered from underneath a takhat lying in one of the rooms of said quarter No. 418. Material exhibits were sent to CFSL and Exs. PW 15/B & C are the reports of CFSL. PW 24 recorded the statements of the PW5 and after completing the investigation charge-sheet was filed against the accused under sections 302 and 201 read with section 34 IPC.