DURGA PRASAD Vs. STATE

JUDGEMENT

(1.) VIDE judgment and order dated 31. 3. 2001 all the three accused namely Durga prasad, Lalla and Jhurrai have been convicted for the offence under Sections 302/404/34 of the IPC. They have been sentenced to undergo imprisonment for life and a fine of Rs. 5000/-, in default of payment of fine SI for two years for the offence under Section 302 of the IPC; for the offence under Section 404 of the IPC they have been sentenced to undergo RI for two years and a fine of Rs. 1000/-, in default of payment of fine SI for six months.

(2.) ON 19. 5. 1997 D. D. No. 69b Ex. PW-15a was recorded in Police Station Sultanpuri that a foul smell was emanating from house no. S-2/14, Pooth Rithala, Budh vihar. SI Sita Ram PW-14 along with Const. Rajbir reached the spot where they found an iron gate on the house. The house was locked. On entry they found two dead bodies lying there. The photographer HC Sajjan Kumar PW- 16 took ten photographs Exs. PW-16/a1 to A10 of the scene. The dead bodies were of two young male persons lying in a supine position with their intestine protruding out. Rukka was sent for registration of the FIR under Section 302 of the IPC. Investigation was handed over to Inspector Rajinder Singh PW-20.

(3.) THE dead bodies were identified by Surinder PW-5 as that of his deceased brother namely Mahender Kumar and Swarn Kumar. The owner of the house was his elder brother Ram Samaru PW-3 who was out of station; he returned back on 22. 5. 1997 when he was examined by the Investigating Officer. Statements of other witnesses i. e. Ram Kishore PW-1 and Jitender PW-6 were recorded, which were to the effect that they had last seen the accused persons together in the house where the deceased i. e. Mahender and Swarn were living being the house of their elder brother.