CHINTU MALHOTRA Vs. THE STATE

JUDGEMENT

(1.) THE above captioned appeals have been filed by the four appellants assailing the judgment and order dated 24.3.2008 passed by the learned Additional Sessions Judge whereby they were convicted for offence under Sections 364/302/34 IPC and order on sentence dated 31.3.2008 whereby they were sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 2000/ - each, in default of payment of fine to undergo a rigorous imprisonment for one month for the offence under Section 364/34 IPC. They were further sentenced to undergo life imprisonment and fine of Rs. 2000/ - each, in default of payment of fine rigorous imprisonment for one month for the offence under Section 302/34. Both the sentences were ordered to run concurrently. Benefit of Section 428 Cr.P.C. was also given to the appellants.

(2.) BROAD features of the prosecution case are that deceased Krishan Kumar was driver of Maruti Van No. DL -3C R 1271 which was registered in the name of his son Anirudh Kumar (PW -8). On 26.8.2000 Jitender (PW -4) son of Krishan Kumar was telephoned by the deceased to bring his clothes to Kaushik Travels, informing him that the vehicle had been hired and he was to go to Hardwar. At Kaushik Travels Jitender came to know the names of the appellants as Kalu, Dharminder, Chintu and Tayyab, all residents of Hastsal, Delhi. Deceased Krishan Kumar with the appellants in the vehicle left Delhi on 26.8.2000 at about 4.30 PM in the presence of Jitender. Though Krishan Kumar was to return back to Delhi on the next following day, he did not come back, Anirudh Kumar received a telephone call on 29.8.2000 at about 12.10 PM from SHO, Bihar that driver of the vehicle had been killed and all the four persons were apprehended by him. Anirudh Kumar informed the P.C.R. Police Station Uttam Nagar was accordingly informed by the P.C.R. This information was recorded as DD No. 10A at the Police Station. SI Dal Chand on receipt of DD No. 10A along with const Dilbagh Singh went to Kaushik Travels where he recorded the statement of Jitender on which, he made his endorsement at about 2.15 PM and got the FIR of this case, being FIR No. 786/2000 registered under Sections 365/2000 IPC.

(3.) THE dead body of Krishan Kumar was recovered at Jawalapur, Hardwar on 27.8.2000 at about 10.30 AM on an information received from Paramjeet by Inspector Kuldeep Singh in the presence of Hazara Singh, watchman, and other police officials of police station Jawalapur. A panchnama was prepared. The inquest papers were prepared by SI Rajesh Kumar. The dead body was got photographed. The dead body was got post -mortemed from H.M.G. District Hospital, Hardwar. After post -mortem, the dead body was got cremated.