NIRMAL Vs. STATE

JUDGEMENT

(1.) The Appellant Nirmal @ Lucky and Shahid Ahmed have preferred two separate appeals i.e. Crl. A. 107/2016 and Crl. A. 856/2015 respectively under Section 374(2) Read with Section 482 Cr.P.C., 1973 against the common judgment and order on sentence dated 19.02.2015 and 23.03.2015 respectively by which both the Appellants have been convicted under Section 302/34 IPC and were sentenced to life imprisonment and a fine of Rs. 5,000/- each and in default of payment of fine to further undergo six months imprisonment.

(2.) Brief facts stated are that a PCR call vide DD No. 7A dated 24.01.2011 was received at the Police Station Nangloi, Delhi. As per the PCR call a dead body of male was found lying in front of House No. C- 550, Camp 2, Nangloi, Delhi. On receiving the said call ASI Shiv Narayan along with Ct. Ashok reached to the spot and thereafter Inspector Ramphal Singh too reached the spot. They found the dead body of Rakesh S/o Shyam. The father of the deceased Rakesh was also present at the spot and his statement was recorded vide Ex.PW3/A : PW3 stated in his said statement that he is residing at C-109, Camp 2, Nangloi, Delhi and runs a stall of biri-Cigarettes in front of Lokesh Cinema. He is having five children. Rakesh @ Anda 24 years old was his eldest son and he too worked at that stall with him. The deceased Rakesh @ Anda had fallen in bad company. He started taking intoxicating substances, he also used to steal money from the stall and Rakesh did not pay any heed to his advices and on inquiry about the expenditure, he used to tell him that Accused Nirmal @ Lucky has taken money from him and that Nirmal will return the same. However, the money was not returned despite many reminders to him. PW3 stated that on the previous night, he told Rakesh in frustration that he will not get any money from him until he recovers the money which was given to Nirmal by Rakesh. On this, Rakesh got annoyed and left the house at 11:00 PM and told PW3 that he will recover the money from Nirmal on the same night itself. Rakesh did not return to home that night. In the morning at about 6:00 AM, one Anu, a distant relative told him that Rakesh is lying dead in the street near dispensary. He visited the spot along with Anu and saw the dead body of Rakesh lying in the street adjacent to the dispensary, and was having a cut on his throat. At that time, one of his nephew Sunil (PW2) informed him that he saw Rakesh in the company of Nirmal @ Lucky at about 11:30 PM on the previous night on the street in the corner of the dispensary, where both were arguing with each other. PW3 stated that he suspects involvement of Nirmal in committing murder of his son.

(3.) On the basis of the said statement, FIR No. 20/11 was registered. Investigation was undertaken. In the evening, on the basis of secret information, the accused Nirmal was apprehended, interrogated and then was arrested. Nirmal's disclosure statement was recorded and in pursuance to his disclosure statement a blood stained dagger with cover Ex.P-2 was recovered from underneath the railway track stones towards Bahadurgarh site from Nangloi station. In furtherance to the disclosure statement Nirmal led the police party to house No. C-234/235, Camp 2, Nangloi, Delhi and got recovered his clothes - including black pants, green shirt and one track suit upper jacket and maroon coloured vest having blood stains Ex.P-5. The search of the pant revealed a blood stained surgical blade Ex.P-3. He then led the police party to the house of the co-accused Shahid, but he was available there. However, he was apprehended on the next day from his house and was interrogated and then arrested and his disclosure statement was got recorded. In pursuance to his disclosure statement, his blood stained clothes and shoes were recovered. Accused also identified the place of occurrence of the incident.