VIRENDER @ DHULLA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Instant appeal is arising out of judgment dated 30th September, 2014 and order on sentence dated 3rd November, 2014 passed by the learned Additional Sessions Judge, Tis Hazari Court, in Case RC.3(S)/98/SCB- II/DLI registered at Police Station S.P. Badli under Sections 302/316 IPC, whereby the appellant-accused has been sentenced to undergo life imprisonment along with fine of Rs.30,000/- for the offence punishable under Section 302 IPC and in default of payment of fine to undergo simple imprisonment for one year; the appellant-accused has also been sentenced to rigorous imprisonment of further ten years along with fine of Rs. 20,000/- for the offence punishable under Section 316 IPC and in default of payment of fine, to undergo simple imprisonment for one year.

(2.) The brief facts stated are that initially an FIR No. 317 of 1996 under Sections 394, 34 IPC was registered at Police Station Samaipur Badli, Delhi on the basis of the statement given by the complainant i.e. Sanjay Rathore (since dead) at Santom Hospital to SI V.N. Mishra on 27th of April, 1996. Subsequently, father of the deceased victim Kishan Chand Rathore, filed Writ Petition No. 282 of 1997 before the Hon'ble Supreme Court of India and the same was allowed and further investigation was handed over to CBI. Consequently, CBI took over the investigation on 4th September, 1998 vide case No. RC.3(S)/98/SCB-II/DLI.

(3.) The prosecution case set up by Sanjay Rathore in FIR No. 317 of 1996 is that on 27th of April, 1996, Sanjay Rathore along with his wife (Veena: deceased victim), mother (Smt. Kamla) and daughter (Ms. Kajal) on their return from a marriage party had gone in his car to visit his godown in Shahbad Daulatpur, Delhi at around 8.00 p.m. on 27th of April, 1996. On opening the main gate it was noticed that there was no light and accordingly Sanjay Rathore proceeded to buy a candle. When he reached near his car, three young boys commanded him to hand over whatever he had and on his refusal one of them stabbed him in the left side of his abdomen. Those boys started removing ornaments of his mother and wife besides beating them. He raised an alarm and rushed to the godown of Kulwant Rana where a number of persons were sitting. On seeing his injuries they rushed to the godown and removed his wife and mother to Santom Hospital.