GOVIND Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 8th December 2014 passed by the learned Additional Sessions Judge-II (ASJ), (North-West), Rohini Courts, Delhi in Sessions Case No.147/2013 arising out of FIR No.244/2013 registered at Police Station (PS) Sultanpuri convicting the Appellant, Govind, for the offence punishable under Section 302 Indian Penal Code ( IPC ), and the order on sentence dated 15th December 2014 whereby he was sentenced to rigorous imprisonment (RI) for life with the further condition that he would spend at least 25 years in actual custody and "shall not be considered for grant of remission till he undergoes an actual sentence of 25 years" and also a fine for a sum of Rs. 2 lakhs; and in default of payment of fine, to undergo simple imprisonment (SI) for a further period of six months. The fine amount recovered was ordered to be disbursed to the families/LRs of the deceased, Babloo and Ramesh @ Ramesh, as compensation under Section 357 Cr PC.

(2.) At the outset, it must be noted that the Appellant, Govind (A-1), was sent up for trial along with Anoop @ Lakhan (A-2) and Satish Kumar @ Sonu @ Soda (A-3). The charge against them was that on or before 6th April 2013, all three of them hatched a criminal conspiracy to commit the murder of the deceased, Bablu @ Bhushan and Ramesh @ Lambu, thereby committing the offences under Section 120B IPC; that at around 5.00 pm on 6th April 2013, at the second floor of House No.P1/970, Sultanpuri, Delhi pursuant to the above stated conspiracy, all three of them committed the murder of Babloo @ Bhushan and Ramesh @ Lambu thereby committing offences under Section 302 read with 120B IPC . By the impugned judgment, the trial Court has acquitted A-2 and A-3 of the aforementioned offences. Case of the prosecution

(3.) On 6th April 2013, at around 6.28 pm, information was received at PS Sultanpuri regarding a stabbing incident involving two boys at Gali No.5, P-1 Block. This information was noted down as DD No. 47A. Sub Inspector (SI) Vikas Pawar (PW-28) along with Constable (Ct.) Balbir Singh (PW-29) reached the spot and came to know that the incident had taken place inside House No.P-1/970, Second Floor. A large crowd had gathered. The police team found the dead bodies of two males, one on the floor with head facing towards the northern wall and one on the folding bed with the head facing in the southern direction towards the door. On enquiries being made, the police team learnt that the bodies were of Babloo @ Bhushan and Ramesh @ Lambu both of whom were friends. While Babloo was stated to be residing as a tenant in the same room, Ramesh was a resident of Vijay Vihar. The crime team was called to the spot and inquires were made from public persons regarding eye-witnesses. However, no one came forward to give information to the police. Both dead bodies were sent to the mortuary for post-mortem examination. Post-mortem examinations