RAHUL @ MONI Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment dated 18th Sept., 2017 and order on sentence dated 23rd Sept., 2015 of the trial Court, whereby appellants have been convicted under Sec. 307/34 Penal Code and sentenced to undergo rigorous imprisonment for 7 years with fine of Rs. 20,000.00 each and in default of payment of fine to further undergo simple imprisonment for 1 year, appellants have preferred these appeals. Appellant-Rahul @ Chonchu has also been convicted under Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for 3 years. He has also challenged his conviction and sentence under this provision.

(2.) All the appeals arise from the same judgment and order on sentence, hence, are disposed of together.

(3.) Prosecution case, as set out in the charge-sheet, is that PW14 SI Yogesh Kumar along with PW3 Constable Dharam Pal reached Sushrut Trauma Centre, Delhi on the receipt of DD No. 6B PW14/A on 8th Dec., 2012 and obtained the MLC of PW1 Mohit Ex.PW21/1, who was admitted in the said hospital with the history of gunshot injury in the chest below the left nipple. PW1 Mohit was declared 'unfit for statement' by the concerned doctor. PW1 was immediately shifted to LNJP Hospital for treatment. The persons present with PW1 Mohit in the hospital refused to make any statement on the pretext that they were busy in shifting him to LNJP Hospital. However, PW14 SI Yogesh Kumar collected one pulanda sealed with the seal of 'STC' along with the sample seal from the staff nurse PW15 Veikhokim. This pulanda contained the clothes of injured, that is, trouser, shirt, baniyan, sweater and belt. Pulanda was taken into possession by PW14 vide seizure memo Ex.PW14/1. Later, PW14 SI Yogesh Kumar along with PW3 Constable Dharam Pal, reached LNJP Hospital and met PW8 Manjeet Singh and recorded his statement Ex.PW14/2, pursuant whereof FIR No.487/12 (Ex.PW2/B) was registered.