DIL BAHAR THR. HIS PAROKAR AJMERI Vs. STATE

JUDGEMENT

(1.) The appellant stands convicted for the offence punishable under Section 302 / 394 / 34 IPC in addition to the offence punishable under Section 397 IPC and Section 411 IPC vide judgment dated 09.11.2012 passed by the learned ASJ- FTC (Central) Tis Hazari Courts in SC No.01/2010 arising out of FIR 156/2009 registered at PS Old Delhi Railway Station. He has been sentenced vide order dated 23.11.2012 as follows:

(2.) The case of the prosecution, as noticed by the Trial Court, and which is borne out from the charge sheet is that on 05.11.09 at 12.30 AM a call was received from Duty Constable deputed at Aruna Asaf Ali Hospital at PS Old Delhi Railway Station (ODRS) vide DD No. 2A to the effect that one Rakesh Kumar aged 27 years, who had been admitted by Ct. Pawan Kumar (PW-13) has expired at 12.31 AM. Another call was received from Duty Ct. AAA Hospital vide DD No. 3A to the effect that one Rajinder Singh has been admitted in the hospital by Ct. Pawan Kumar. Both DD entries were marked to SI Rajinder Dabas who reached the said hospital and obtained the MLC of Rakesh Kumar wherein the doctor had mentioned history of stab injury in the train, and that the patient was brought dead. As per MLC of Rajinder Singh, doctor had mentioned stab injury in the train and patient was stated to be fit for statement.

(3.) SI Rajinder Dabas (PW-15) recorded statement of complainant i.e. injured Rajender who stated that on 04.11.09, he took Phus Phus Express from Muradabad at 4.15 PM for Delhi and on his way his friend, i.e. deceased Rakesh also boarded the same train from Kafar Pur. They both were going to Bangalore for recruitment in Army and were to take the train for Bangalore from Nizamuddin Railway Station, Delhi. They got down at Ghaziabad Station and bought the ticket for Nizamuddin Station and at about 10.45 PM they took EMU Shuttle train from Ghaziabad. At about 11.30 PM when the train had stopped just before Yamuna Bridge, two boys aged about 20 to 25 years whipped out their knives. Complainant further alleged that one of the boys took out his mobile make 'Fly' from his shirt's front pocket at knife point and also took out his purse of black colour from the back pocket of his pant containing Rs.3000/- along with other documents.