STATE Vs. RAMESH

JUDGEMENT

(1.) THIS Murder Reference under Section 366 of the Code of Criminal Procedure and the connected appeals arise from the judgment dated 17.5.1997 passed by the learned Additional Sessions Judge, Delhi. Two accused, the appellants in the present appeals, were charged and tried for the offence under Sections 376/302/364/377/34 of the Indian Penal Code. Appellant Ramesh has been awarded death sentence and appellant Sunil is sentenced to imprisonment for life under Section 302/34 I.P.C. Both of them have been sentenced to imprisonment for life for the offence under Sections 364/34; 376/34 and 377/34 I.P.C. and all the aforesaid sentences made to run concurrently.

(2.) MURDER Reference No.2/97 is the reference made to this court by the Additional Sessions Judge, Delhi under Section 366 Criminal Procedure Code for confirmation of the death sentence awarded to the convict Ramesh, S/o Jaswant. Criminal Appeal No.396/97 is preferred by convict appellant Ramesh S/o Jaswant whereas Criminal Appeal No.402/97 is preferred by convict appellant Sunil S/o Leela Ram against the said judgment of conviction and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Delhi.

(3.) AT 12.15 A.M. on 6.9.1992, a telephonic information was received from L.N.J.P. Hospital at Police Station Anand Parbat, Delhi to the effect that one Anuradha, D/o Daulat Ram, r/o Jhuggi No.86, Daya Basti, Zakhira Pul, Delhi found injured at Anand Parbat, Punjabi Basti was brought to the L.N.J.P. Hospital by her mother where doctor declared her dead vide C.R. No.80766 requesting deputing of some officer at the hospital. On receipt of this telephonic information, a report to that effect was entered in the Roznamcha and a copy of report was entrusted to S.I.Pyare Lal whereupon S.I.Pyare Lal went to L.N.J.P. Hospital and collected the M.L.C. of Anuradha; that Sharda was tried to be contacted in the hospital but could not be traced; that the dead body of Anuradha was sent to Mortuary of Maulana Azad Medical College; that at 11.30 A.M, complaint Ex.6/A given by Sharda was recorded and thereupon Rukka was sent at 1.35 P.M. for registration of the case and the F.I.R. was registered for the offences under Sections 364/302/34 I.P.C. and after the usual investigation, the accused were charge -sheeted and the charges were framed for the offences alleged by the Additional Sessions Judge; that both the accused persons denied the charges leveled against them; that the prosecution adduced oral as well as documentary evidence to bring the guilt home to the accused; that the Additional Sessions Judge, appreciating the oral as well as the documentary evidence, the statements of both the accused persons recorded under Section 313 of the Criminal Procedure Code and the circumstances, found both the accused persons guilty for the offences charged against them and awarded death sentence to accused Ramesh for the offences under Section 302/34 I.P.C. and also sentenced both the accused persons to undergo imprisonment for life for the offence under Section 376/34 and 377/34 I.P.C, as pointed out above.