BHAGWAN DASS Vs. STATE

JUDGEMENT

(1.) THIS appeal is against the judgment and order passed by Shri Dinesh Dayal, Additional Sessions Judge. Delhi in Sessions Case No. 78/90. State v. Shri Bhagwan and Smt. Shashi Bala under Section 302 read with Section 34 of the Indian Penal Code, whereby both the appellants have been sentenced to imprisonment for life and to pay a fine of rupees two thousand each. In default of payment of fine the defaulter/convict shall further undergo rigorous imprisonment for one year.

(2.) THE appellants are husband and wife and on the date of incident they were residing in house No.3. Gali No. 39. Regarpura. Delhi.

(3.) THE prosecution story is that on December 10, 1989, one Manoj Kumar P.W. 5 residing in Quarter No.4 Block No.1 Gali No. 39 Regarpura informed the police control room that he had seen a man in burning condition at the Vishnu Mandir Marg, Tank Road crossing. This information was received at the PCR by constable. Asha Thakur, P.W. 10, She filed the requisite form and transmitted the message to Duty Officer at police station Karol Bagh. That message was recorded in report No. ;22A(Ex. PW 1/A) of Daily Dairy dated 10 -12 -1989 maintained at police station Karol Bagh. The message recorded was that "one Man of had informed through public telephone to the effect that a half burnt person is lying at Gali No. 39 Regarpura Road near Balmiki Mandir Park". After recording of the report, a copy thereof was handed over to ASI Ombir Singh, who left for the scene of occurrence. Another ASI Bhadur Singh, who was posted in Central District with ambulance in the night of 10/11th December, 1989, on receiving information from PCR that a burnt person was lying in Gali No. 39 near Balmiki Mandir, Regarpura, reached that place and on finding Rajinder Kumar lying in half burnt condition took him to Lok Nayak Jai Prakash Narayan Hospital in the ambulance and thereafter admitted him in that hospital. In the meantime, SI Sukhbir Singh, who was posted with P.S. Karol Bagh was summoned by ASI Ombir Singh at premises No.3, Gali No. 39 near Balmiki Mandir, Regarpura and was handed over copy of DO No. 22 -A (Ex. 1/A). He was informed that Rajinder Kumar had already been admitted in Lok N ayak Jai Prakash Narayan Hospital. SI Sukhbir Singh went to that hospital. Injured Rajinder Kumar by then had already been examined by Dr. Abha Sharma and MLC Ex. P.W. 7/1 had already been prepared. As the Doctor present on duty declared the injured in fit condition for statement, he recorded statement (Ex. P.W. 19/A) of injured Rajinder Kumar, Rukka was prepared and was sent with endorsement Ex. P.W. 19/B to the police station for registration of the case on which a formal FIR was recorded. Thereafter, he went to the place of occurrence and took into possession ashes of the burnt clothes from outside the house at Vishnu Mandir Marg and prepared recovery memo Ex. P.W. 19/E. He also took into possession from the kitchen one stove, one plastic funnel and one tin containing kerosene oil and after sealing the same, he prepared the recovery memo as Ex. P.W. 19/E. According to SI Sukhbir Singh (PW 19), who conducted the investigation, the SDM Shri V.K Jain came to the said hospital on 11 -12 -1989 during day time and recorded statement of Rajinder Kumar, the injured which is Ex. P.W. 16/A. However, Shri V.K Jain, SDM stated before the trial Court that on 1112 -1989 at 9 P.M. the SHO Karol Bagh informed him on phone that one injured Rajinder Kumar had been admitted in the Lok Nayak Jain Prakash Narayan Hospital and requested him to come to the hospital to record the statement of the injured; that he went to the hospital and met Dr. Sanjeev Gogna, who declared the patient fit for giving statement and that thereafter he recorded the statement of Rajinder Kumar S/o Shri Kisan, Ex. P.W. 16/ A, on 11 -12 -1989 at 10.45 P.M.