SALEEM ALIAS GAMA Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by two appellants assailing the judgment dated 30.05.2003 and order on sentence dated 31.05.2003, passed by the learned Additional Sessions Judge, Delhi convicting them under Section 302/34 IPC and sentencing them to undergo imprisonment for life and to pay a fine of Rs.5,000/- each and in default thereof, to further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution is that on 08.04.1990, at 7:45 AM, the duty constable of Lok Nayak Jai Prakash Hospital (LNJP) had telephonically informed that one Bilal, son of Sirajuddin aged 24 years had received a knife injury in the slaughter house (Bakra Mandi) situated near Sadar Thana, Paharganj and was brought by one Mr.Suresh Kumar, an auto driver to the hospital. DD-3A was handed over to SI Phool Singh (PW-17) for investigation. On an application made by SI Phool Singh, the doctor had declared the injured fit for the statement. The statement of the injured was thus recorded and a rukka was prepared. The rukka was sent to the Police Station through Constable Baldan Singh and based thereon, FIR No. 86/90 was registered under Sections 324/34 IPC.

(3.) SI Phool Singh (PW-17) then reached the place of the incident and met the two eye witnesses, PW-3 Maju and PW-4 Mukim and prepared a site plan. Constable Baldan Singh also reached the spot and handed over the FIR and rukka to SI Phool Singh. SI Phool Singh then reached the hospital at about 8 pm and recorded yet another statement of the injured and converted the offence into one under Sections 307/34 IPC.