JASMER SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos.147 of 2006 and 587 of 2006 seek to challenge the judgment and order of Additional Sessions Judge, Delhi, in Sessions Case No.16 of 2006, arising out of F.I.R. No.18 of 2002, Police Station Preet Vihar, whereby learned judge vide his judgment dated 7.2.2006 has held the appellants, namely, Jasmer Singh and Naresh, guilty for the offence punishable under Sections 302/460/394/397/34 IPC. Further vide his order dated 10.2.2006, he has sentenced the appellants to imprisonment for life for offence punishable under Section 302 IPC together with fine of Rs.10,000/- each and in default of payment of fine, Simple Imprisonment for one year each. Both the appellants were sentenced to Rigorous Imprisonment for seven years with fine of Rs.5,000/- each under Section 394 read with Section 397 IPC and in default, Simple Imprisonment for six months each. The appellants were further sentenced to Rigorous Imprisonment for seven years and fine of Rs.5,000/- each under Section 460 IPC and in default, Simple Imprisonment for six months each. All the sentences were directed to run concurrently.

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

(3.) The Prosecution in order to establish its case examined as many as 29 witnesses. Of these, PW-1 is Ramesh Kumar, D.J.S., Delhi, who conducted T.I.P. proceedings and recorded statement of accused. PW-2, Constable Sukhvinder, identified the cordless phone, Exhibit PW 2/A. PW-3, Dr. K. Goyal, conducted postmortem examination on the body of the deceased, Ujagar Singh and proved his report Exhibit PW 3/A. PW-4, Islamuddin, took photographs of the place of occurrence and proved photographs Exhibit PW 4/A to PW 4/H and their negatives Exhibit PW 4/J to PW 4/Q. PW-5 is M.K. Nagpal, Metropolitan Magistrate. PW-6, Joginder Kaur, wife of the deceased, is the star witness. PW-7, Dr. Sharad Gupta, proved the MLC, Exhibit PW 7/A. PW-9, Head Constable Virender Singh, proved copy of F.I.R., Exhibit PW 9/A and copy of DD Nos.34-A and 30-A Exhibit PW 9/C and PW 9/D respectively. PW-10, Constable Suresh Kumar, photographer, proved photographs Exhibit PW 10/A to PW 10/H and their negatives, Exhibit PW 10/A1 to PW 10/H1. PW-11, Sushil Gupta, is the neighbourer. PW-12, Sarita Kohli, is the daughter of the deceased. PW-13, Prem Pal and PW-14, Bihari Lal Thakur, are formal witnesses. PW-15, S.I. Sheoraj Singh, Finger Print Expert, proved his report Exhibit PW 15/A. PW-16, Constable Virender Singh, is a formal witness. PW-17 is Head Constable Vinod Kumar, who was working as MHC (M) in Police Station Preet Vihar. PW-18, Head Constable Ramesh Chand and PW-19, S.I. Sanjay Nerolia, went to P.S. Bissanda, District Pilibhit, and on pointing out of accused Naresh, recovered one cordless phone vide memo Exhibit PW 2/A. PW-20, S.I. Sanjay Gupta, arrested both the accused vide memos Exhibit PW 20/A and PW 20/B and conduced their personal search vide memos Exhibit PW 20/C and PW 20/D. He is witness to the recovery of wrist watch at the instance of the appellant, Jasmer Singh, seized vide memo Exhibit PW 20/G. PW-21, Constable Bijender Singh, proved DD No.63-B, Exhibit PW 21/A. PW-22, S.I. Mahesh Kumar, Draftsman, Crime Branch, prepared site plan of the spot, Exhibit PW 22/A. PW-23 is S.I. Ram Avtar. PW-24 is S.I. Rajesh Kumar. PW-25, Constable K.C. Gautam, is a formal witness. PW-26, Inspector Surender Kumar, recorded statement of PW-6, Joginder Kaur, Exhibit PW 6/A. PW-27, Constable Sudhir Dutt, PW-28, Doctor Kaushal Kumar, R.M.O., Shanti Mukund Hospital and PW- 29, Dr. Gulam Asgar, Consultant Surgeon, Shanti Mukund Hospital, are formal witnesses.