DINESH & ANR. Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 25 th January, 2002 passed by the learned Additional Sessions Judge, New Delhi (ASJ) in Sessions Case No.84/2000 arising out of the FIR No.935/1999 registered at Police Station (PS) Hauz Khas convicting the two Appellants i.e. Dinesh (Accused No.1: A-1) and Hans Raj (A-3) for the offence under Section 302 / 34 of the Indian Penal Code ( IPC ) and the order on sentence dated 1 st February, 2002 whereby each of them were sentenced to undergo imprisonment for life with a fine of Rs.2000/- each; and in default of payment of fine, to undergo rigorous imprisonment (RI) for three months.

(2.) At the outset, it must be mentioned that there were three accused sent up for trial i.e. the two Appellants, along with Raj Kumar (A-2), who too was convicted and sentenced likewise by the aforementioned judgment and order on sentence respectively. However, the present appeal is by A-1 and A-3.

(3.) The prosecution case began with information being received at PS Hauz Khas on 28th December, 1999 at 6.40 pm on intimation from the Police Control Room (PCR) that near the Arya Samaj Mandir in Green Park, a person is lying unconscious. The said information was reduced to writing as a DD Entry which was entrusted to Head Constable (HC) Shabir Ahmed (PW-11). On receiving the said information, PW-11 along with Constable (Ct.) Jaswant Singh (not examined) proceeded to the spot and found that the injured person had already been removed to the Safdarjung Hospital. They then proceeded to the hospital and found that Sub Inspector P.N. Verma (PW-20) had already reached there.