KAMAL ALIAS PAPPU Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos.878 of 2005 and 111 of 2005 seek to challenge judgment and order of learned Additional Sessions Judge, Delhi, in Sessions Case No.126 of 2003 arising out of F.I.R. No.271 of 2001 registered at Police Station Dilshad Garden, whereby learned judge vide his judgment dated 14.1.2005 has held the appellants, namely, Kamal @ Pappu and Vijay, guilty for offence punishable under Section 302/34 IPC. Further, vide his order dated 15.1.2005, has sentenced the appellants to imprisonment for life each together with fine of Rs.5,000/- each under Section 302/34 IPC and in default of payment of fine, further Simple Imprisonment for six months each. Benefit under Section 428 of Code of Criminal Procedure was awarded to both the appellants.

(2.) Brief facts of the case as have been noted by learned Additional Sessions Judge in his judgment under challenge are as follows :- ?......that on the night intervening 14/15.11.2001 between 10:30 p.m. to 7:30 p.m., both the accused in furtherance of their common intention took Rajesh and committed his murder and on the said allegations of the prosecution, they were charged for the offence punishable under section 302/34 IPC vide charge dated 16.04.2002 to which both the accused pleaded not guilty and claimed trial.?

(3.) The Prosecution in order to establish its case examined as many as 16 witnesses. Of these, PW-1, Sheela, is the material witness and has proved her statements Exhibit PW 1/1 and PW 1/2 and clothes of the deceased, Exhibit PW 1/3. PW-2, Nathu Ram, is a formal witness. PW-3, Gaurakh Yadav, is the recovery witness and proved memo Exhibit PW 3/1. PW-4, A.S.I. Sarup Singh, is the photographer and proved photographs Exhibit A-1 to A-5 and their negatives as Exhibit A-6 to A-10. PW-5, Ram Chander, is another material recovery witness. PW-6, Dr. Gaurav Aggarwal, conducted postmortem on the body of deceased Rajesh Kumar @ Satish. PW-7 is Bijender, sweeper, is also the recovery witness. PW-8 is Head Constable Naresh Pal, who proved F.I.R. Exhibit PW 8/A. PW-9, S.I. Mukesh Kumar, is the Draftsman, who prepared site plan Exhibit PW 9/A. PW-10, S.I. Brij Mohan, is also a recovery witness. PW-11, Constable Ashok Kumar, proved copy of DD Exhibit PW 11/A. PW-12, Constable Yashpal, PW- 13, Constable Manoj Kumar and PW-14, Head Constable Subhash Chand, are formal witnesses. PW-15, Constable Tilak Raj, is also a recovery witness and PW-16, Inspector Shiv Dayal, is the Investigating Officer.