ANIL KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos.741 of 2006, 411 of 2000 and 416 of 2000 seek to challenge judgment and order of Additional Sessions Judge, Delhi, in Sessions Case No.121 of 1999, arising out of F.I.R. No.413 of 1997, Police Station Krishna Nagar, whereby learned judge vide his judgment dated 14.12.1999 has held the appellants, namely, Anil Kumar, Nand Kishore and Tarun Kumar, guilty for the offence punishable under Section 302/34 IPC. Further vide his order dated 23.12.1999, he has awarded the sentence of life imprisonment together with fine of Rs.5,000/- each and in default of payment of fine, further Rigorous Imprisonment for three months each.

(2.) Brief facts of the case as have been noted by learned Additional Sessions Judge in his judgment under challenge are as follows :-

(3.) In order to establish its case Prosecution examined as many as 26 witnesses. Of these PW-1, Tarsem Lal, is the neighbourer, who upon being called by the father of the deceased, went upstairs and found Sanjay lying dead. PW-2, Jagdish Prasad Jain, is the father of the deceased and the complainant. PW-3, Virender Kumar Jain, is the elder brother of the deceased and is the witness of arrest of the appellant Anil Kumar. PW-4, Sukhmal Chand Jain, is the brother-in-law of the deceased and identified the body of the deceased on 25.9.1997. PW-5, Smt. Raj Kumari Jain, is the mother of the deceased and has testified in support of the Prosecution's case. She also identified the accused Anil Kumar, Tarun Kumar and Sudhir (the approver) coming down the stairs of the house at 6 a.m. on the morning of 25.9.1997. PW-6, Ashok Somani, testifies to the disclosure statement made by Nand Kishore, Exhibit PW 6/A having been made in his presence. He is also witness to the recovery of the keys from the garbage at the instance of Nand Kishore. PW-7, Ashok @ Chimpoo, testifies to him being locked inside the factory on the evening of 24.9.1997 and the door was opened on 25.9.1997 by his co-worker, Pankaj. PW-8, Constable Rajesh Kumar, is a formal witness. PW-9, Manmohan Aggarwal, deposes to accused Nand Kishore, Anil Kumar, Tarun Kumar and Sudhir (approver) having come to his place on 25.9.1997 in order to sell ICs. PW-10, Head Constable Gurtej Singh, deposes to the searching of the accused Nand Kishore as also the arrest of Anil Kumar. PW- 11, Constable Veerpal Singh, accompanied the Investigating Officer to the spot on 25.9.1997 as also took the rukka to the police station. PW-12, Gunjan, deposes to the pressure being exerted on him by the accused persons not to work with the deceased. PW-13, S.I. Bhanu Pratap, deposes to the case property having been deposited with him. PW-14, Constable Shambu Singh, deposited the articles with the C.F.S.L., Chandigarh, on 15.12.1997. PW-15, Constable Surender Kundu, is a formal witness. PW-16 is Head Constable Joginder Singh, Duty Officer, who recorded the F.I.R. PW-17, Constable Sonu Kaushik, Assistant Draftsman, visited the spot on 19.12.1997 and prepared a scaled site plan, Exhibit PW 17/A. PW-18, S.I. Gagandeep Singh, apprehended accused Nand Kishore and intimated the S.H.O. He is also witness to the recovery of the keys from the garbage at the instance of Nand Kishore. PW-19, Sanjeev Jain, Metropolitan Magistrate, recorded the statement of accused/approver Sudhir Kumar @ Kalu under Section 164 of Code of Criminal Procedure. PW-20, Constable Shripal Singh and PW-21, Lady Constable Anju, are formal witnesses. PW-22, Sudhir, is the accused who turned approver. He has narrated the entire incident. PW-23 is Dr. Ashok Jaiswal, who conducted the postmortem examination on the body of deceased Sanjay on 26.9.1997 and proved his report, Exhibit PW 23/A. PW-24, Head Constable Vijaypal, is the MHCM with whom case exhibits were deposited on 25.9.1997, 26.9.1997 and 9.10.1997 and their having been sent to C.F.S.L. on 12.12.1997. PW-25, Head Constable Satish Chand, brought accused Tarun Kumar from Jabalpur Jail to Delhi on 28.11.1997. PW-26, A.C.P. Hari Bhushan, is the Investigating Officer.