MAHESH CHAUDHARY Vs. STATE

JUDGEMENT

(1.) The Appellant Mahesh Chaudhary and Rajesh Chaudhary have preferred two separate appeal i.e. (Crl. A. 535/2015 & Crl. A. 774/2015) under Section 374 Read with Section 482 Cr.P.C., against a common judgment and order on sentence dated 29.11.2014 and 02.12.2014 respectively by which both the Appellants have been convicted under Section 120B IPC, 394/120B IPC and 302/34 IPC. For the offence under Section 302/34 IPC, they have been sentenced to undergo rigorous imprisonment for life and fine of Rs. 40,000/- each and in default of payment of fine further undergo simple imprisonment for six months; for the offence under Section 394 read with Section 120B IPC, rigorous imprisonment of five years and fine of Rs. 10,000/- each and in default of payment of fine to further undergo two months simple imprisonment; for the offence under Section 120B IPC, rigorous imprisonment for five years and a fine of Rs. 10, 000/- each and in default of payment of fine further undergo simple imprisonment for two months. All substantive sentences were directed to run concurrently.

(2.) Brief facts stated are that on 005.2011 on receiving a DD No. 56B Ex.PW5/A S.I. Sombir alongwith Constable Kirori Mal reached the spot i.e. 11/14 Upper Ground Floor East Patel Nagar, Delhi where, in one of the rooms of aforesaid house, they found blood on the bed and lock of the almirah were broken and door of the almirah were open. In the meanwhile S.I. Sombir received another DD, DD No. 57B Ex.PW5/B wherein it was stated that the injured Om Prakash Sharma has been admitted in Sir Ganga Ram Hospital. On this, S.I. Sombir reached the hospital leaving behind Constable Kirori Mal to guard the spot. On reaching at the Ganga Raam Hospital, SI Sombir found the injured Om Prakash Sharma was declared brought dead vide MLC 1000/11 Ex. PW13/A and he sent the dead body to DDU Hospital for post-mortem. Thereafter, he came back at the spot where he met Inspector Rajesh Kumar (who was instructed by Inspector Ravinder Singh). The crime team and FSL team were called. Statement of Smt. Poonam Mehta W/o Sh. Sameer Mehta Ex. PW 14/A was recorded by S.I. Sombir Singh.

(3.) During the investigation, at the spot I.O. Inspector Ravinder Singh PW37 found blood stained bed sheets and one set of kurta pyjama which were seized vide Ex.PW19/A and the blood lying on the floor was seized in a small plastic container Ex.PW19/C. The broken locks in six parts was taken into possession vide Ex.PW-19/B. The rough site plan of the spot Ex.PW37/B was prepared at the instance of complainant Smt. Poonam Mehta.