YOGENDER KUMAR Vs. STATE DELHI ADMN

JUDGEMENT

(1.) CONVICTED on a charge of committing double murder- patricide and parricide - by a judgment dated 7th May, 2004 and sentenced to imprisonment for life and a fine of Rs. 5,000/-, in default further SI for six months vide order dated 27th May, 2004, the appellant is in appeal for reversal of such conviction and sentence.

(2.) PROSECUTION case traces its origin to a report registered on an information by one Jai Prakash Pandey as DD No. 40 dated 21st September, 1997 at PP Inderlok, PS Sarai Rohilla, Delhi. Jai Prakash Pandey worked as a night watchman on the relevant date. In the course of his duty, at about 2. 30 am, on the intervening night of 20th and 21st of September, 2007, he heard some groaning sound emanating from the first floor of House No. 313/40 Inderlok, Delhi whereupon he rushed to PP Inderlok to inform the police about the same. After recording the information given by Jai Prakash pandey, the duty officer passed on a copy of DD No. 40/1997 dated 21st september, 1997 to Head Constable Azad Singh for necessary action. Head constable Azad Singh accompanied by Constable Dharmender and Jai prakash Pandey proceeded to House No. 313/40 Inderlok, Delhi. On reaching the first floor of the said house Head Constable Azad Singh and constable Dharmender saw the appellant inflicting stab injuries on the person of Sanjiv Kumar @ Sunni, aged about 15/16 years, who happened to be the son of his elder brother Madan Lal PW-6. They also noticed body of an aged person with extensive injuries, lying in a pool of blood. He was Ram das, deceased, father of the appellant. The appellant was overpowered and apprehended by the said two police officials and blood smeared khanjar was snatched from his hand. Head Constable Azad Singh informed on phone officer incharge, Police Post- Inderlok about the incident. On receipt of such information, S. I. Dharamvir Singh, officer incharge, Police Post- Inderlok, accompanied by Constable Naresh immediately rushed to the place of occurrence. On being informed, two PCR vans also reached the spot to remove both the injured to Hindu Rao Hospital. After a short while on receiving information about the incident, Inspector T. R. Mongia SHO PS Sarai Rohilla, Delhi accompanied by ASI Iqbal Singh, PW-19 and other police staff also reached there. Both the injured had already been removed to Hindu Rao Hospital in the PCR vans before arrival of Inspector T. R. Mongia at the scene of crime. Inspector T. R. Mongia leaving Head Constable Azad Singh, Constable dharmender and Constable Neeraj at the spot proceeded to Hindu Rao hospital. SI Dharamvir Singh also went alongwith him. On reaching the hospital, Inspector T. R. Mongia came to know that Ram Das was declared brought dead and Sanjiv @ Sunni was unfit to make his statement. Since he did not come across with any eye witness of the incident, Inspector T. R. Mongia returned to the spot. He recorded the statement of Head Constable azad Singh and sent the same through Constable Dharmender to Police station Sarai Rohilla, Delhi for registration of a FIR. Constable dharmender, after sometime, came back to the spot with a copy of FIR and: the Rukka and handed over the same to Inspector T. R. Mongia. The khanjar which was snatched from the appellant was produced by Head Constable azad Singh before Inspector T. R. Mongia who after preparing the sketch thereof, packed and sealed it and took the same in his possession. The appellant was formally arrested and subjected to interrogation at the spot on his disclosure, the appellant got a blood stained piece of iron rod, used as a weapon of offence, in addition to khanjar, recovered. That saria was also taken into possession by Inspector T. R. Mongia. Photographs of the scene of crime were taken by the crime team. The Investigating Officer seized blood stained T-Shirt and a pair of trousers, which the appellant was wearing at the time of commission of crime. He also completed other formalities at the spot as detailed in the impugned judgment.

(3.) THE appellant was charged under Section 302 IPC for committing murder of Ram Das and Sanjiv @ Sunni as also under Section 27 of Arms act. On his pleading not guilty to the charges, he was put to trial.