SHAMBHU Vs. STATE N C T OF DELHI

JUDGEMENT

(1.) CRIMINAL Appeal Nos. 903 of 2004, 902 of 2004 and 943 of 2004 seek to challenge the judgment and order of Additional Sessions Judge, Delhi, in sessions Case No. 1 of 2000, arising out of F. I. R. No. 630 of 1999, Police station Ashok Vihar, whereby learned judge vide his judgment dated 11. 10. 2004 has held the appellants, namely, Shambhu, Amarnath, Vinod kumar and Sudhir @ Pappu, guilty for the offence punishable under Sections 302/307 IPC read with Section 34 IPC for murder of Sampooran. Further vide his order dated 16. 10. 2004, has sentenced the appellants to imprisonment for life for offence punishable under Section 302/34 IPC together with fine of Rs. 10,000/- each and in default of payment of fine, further rigorous imprisonment for six months each. He has further sentenced the appellants to undergo rigorous imprisonment for five years with fine of Rs. 5,000/- each under Section 307/34 IPC and in default of payment of fine, further rigorous imprisonment for three months each. Both the sentences were directed to run concurrently. The appellants were awarded benefit under Section 428 of Code of Criminal Procedure.

(2.) BRIEF facts of the Prosecution case are as follows:-

(3.) THE Prosecution in order to establish its case examined as many as 27 witnesses. Of these, PW-1 is Constable Mukesh Kumar. PW-2, Head constable Ram Pal Singh, proved copy of F. I. R. Exhibit PW 2/a and rukka exhibit PW 2/b. PW-3 is Constable Vijender. PW-4, Vinod Kumar, is the star witness of the Prosecution. PW-5 is Rambali, father of the deceased. PW-6, Lal Bahadur, uncle of the deceased, identified the dead body and proved his statement Exhibit PW 6/a. PW-7 is Head Constable Dharambir. PW-8, Constable Suresh Kumar, proved DD No. 26, Exhibit PW 8/a. PW-9 is Head Constable Ram Diya, who was working as MHC (M) on that day and proved relevant entries in register No. 19, Exhibit PW 9/a. PW-10, Constable ashok Kumar, is a formal witness. PW-11,"constable Karambir Singh, photographer who proved photographs Exhibit PW 11/1 to 11/8 and their negatives Exhibit PW 11/9 to 11/16. PW-12, Inspector H. D. Batra is a formal witness. PW-13, Tapsu Ram, PW-14, Kalicharan and PW-15, Shanti Devi, are the eye-witnesses to the incident. PW-16 is S. I. Yashpal Singh. PW-17. S. I. Vijay Pal Singh, proved pointing out memo Exhibit PW 17/a, disclosure statement of accused Shambhu Exhibit PW 17/b and his arrest memo exhibitpw 17/c. PW-18, Mewati Devi, is another eye-witness. PW-19, Head constable Subhash Chand is a formal witness. PW-20, S. I. Manohar Lal, draftsman, who prepared site plan Exhibit PW 20/a. PW-21, Ramjanam is a formal witness. PW-22, Dr. C. B. Dabas, conducted postmortem examination on the body of the deceased Sampooran and proved his report exhibit PW 22/a. PW-23, Dr. Kavita, proved MLC of the deceased, Exhibit pw 23/a. PW-24 is Inspector Radha Raman. PW-25 is Inspector haridarshan, Investigating Officer. PW-26, A. K. Srivastav, Senior Scientific office, FSL, Malviya Nagar, proved reports Exhibit PW 26/a and PW 26/b and PW-27, Dr. C. L. Verrna, Senior Medical Officer, Hindu Rao Hospital.