VIKRAM RAMPAL Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos.828 of 2002 and 519 of 1998 seek to challenge the judgment of the learned Additional Sessions Judge, New Delhi, in Sessions Case No.38/97 arising out of F.I.R. No.312 of 1990, Police Station Kotla Mubarak Pur, whereby the learned Judge vide his judgment dated 14.07.1998 has held both the appellants, Vikram Rampal and Vinod Kumar, guilty for offence punishable under Sections 302/34 IPC, 394/34 IPC as also under Section 342/34 IPC. The learned Judge by his order dated 21.07.1998 sentenced both the appellants to undergo life imprisonment and to pay a fine of Rs.500/- each, in default of payment of fine, simple imprisonment for fifteen days each under Section 302 IPC. They were further sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs.500/- and in default to undergo simple imprisonment for 15 days each for offence under Section 394/34 IPC and for offence under Section 342 IPC, they were sentenced to undergo rigorous imprisonment for one year each. All the sentences were directed to run concurrently.

(2.) Brief facts of the case, as have been noted by the learned Judge, are that :

(3.) The prosecution in order to establish its case, examined PW-1, Wing Commander Sh. R. Bhaskar, who identified the dead body of the deceased at All-India Institute of Medical Sciences on 24.10.1990. PW-2, Komal Tuli, is the eye-witness while PW-3, Lajwanti, was examined as the owner of Rekha Guest House. PW-4, Head Constable Virender Parkash, recorded information Exhibit PW 4/A as also F.I.R. Exhibit PW 4/B. PW-5, Narender Pal Singh, took the special report to the Illaka Magistrate on the night of 23/24.10.1990. Also as PW-5, S.I. Mahabir Singh has been examined, who was the witness to the arrest of the accused. PW-6, Suresh Chand, was Investigating Officer to whom report Exhibit PW 4/A was entrusted. It was he who recorded the statement of Komal Tuli which found the basis of the F.I.R. Exhibit PW 4/B. This witness also proved site plan Exhibit PW 6/B. He also narrated the various steps taken by him during the investigation. PW-7, Inspector Devender Singh, prepared the site plan while PW- 8, Dr. D.K. Bhardwaj, conducted the postmortem on the deceased. PW-9, Dr. S.K. Gupta, proved the MLC prepared by Dr. N. Bhullar Exhibit PW 9/A. PW-10, S.I. Yogender Singh, is a witness to the recovery of the shoes of the accused vide memo, Exhibit PW 6/F. PW-12, Constable Basanta Ram, deposited articles for examination before the CFSL with seals intact while PW-13, Retired S.I. Ram Kumar, is a witness to the taking of the handwriting of the accused, S-1 to S- 12. PW-14, Smt. R. Kiran Nath, is the Metropolitan Magistrate before whom the accused refused to join identification proceedings. PW-15, Smt. Sangeeta Dhingra, is the Metropolitan Magistrate who passed orders on application Exhibit PW 14/A to hold the Test Identification Parade. PW-20, Balbir Singh, Additional Metropolitan Magistrate, held the proceedings of identification of articles which were identified by Komal Tuli.