MANOJ @ LEKHRAJ Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 19 th April 2014 passed by the learned Additional Sessions Judge-II (North-West), Rohini Courts, Delhi in Session Case No. 38 of 2013 arising out of FIR No. 262 of 2012 registered at Police Station (PS) Mangol Puri convicting the Appellant, Manoj @ Lekhraj, for the offence under Section 120B read with Sections 302 , 307 IPC and Section 27 of the Arms Act. This appeal is also directed against the order on sentence dated 28th April 2014 whereby for the offence under Section 302 IPC, the Appellant was sentenced to rigorous imprisonment (RI) for life and a fine of Rs. 2 lakhs and in default to undergo simple imprisonment (SI) for a period of six months; for the offence under Section 120B IPC read with 302 IPC , RI for life and a fine of Rs. 5,000, and in default, to undergo SI for a period of 15 days; he was sentenced to undergo RI for a period of five years and fine of Rs. 2,000 and in default of fine, to undergo SI for a period of one week for the offence under Section 307 IPC; RI for a period of five years and fine of Rs. 2,000 and in default to undergo SI for a period of one week for the offence under Section 27 of the Arms Act. Case of the prosecution

(2.) The case of the prosecution began with DD No. 34A dated 17th July 2012 was received at PS Mangol Puri which notes that at around 4.35 pm Duty Constable posted at Sanjay Gandhi Memorial (SGM) Hospital had communicated through telephone that one Tinku a resident of J-1169 of Mangol Puri had been brought by his friend, Pradeep (PW-15) in an injured condition having been shot by a firearm to the SGM Hospital. The MLC No. 11751 of 2012 (Ex.PW-29/A) noted that Tinku was brought dead. The DD noted that this information was then passed on to Inspector Raj Kumar (PW- 30) the Investigating Officer (IO).

(3.) PW-30 who proceeded to SGM Hospital along with Sub Inspector (SI) Robin Tyagi (PW-27) and Head Constable (HC) Chander Bhan (PW-5) obtained the said MLC and met PW-15 who was found under treatment in the same hospital.