GHANSHYAM ALIAS JAVED Vs. STATE

JUDGEMENT

(1.) The appellants Kishore Kumar and Ghanshyam have preferred respective appeaIs against the impugned judgment and order of sentence dated 29.7.2005, whereby accused Ghanshyam has been convicted for the offence punishable under Sections 186/ 353/332/302/411, read with Section 34 of the IPC as also under Sections 25 & 27 of the Arms Act; Kishore Kumar has been convicted for the offence punishable under Sections 186/353/332/302 read with Section 109 IPC as also for the offence punishable under Section 411 read with Section 34 IPC. Both the appellants have been sentenced separately for each of the offences; convict Ghanshyam has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.5000/-, in default of payment of fine, further rigorous imprisonment for six months for the offence punishable under Section 302 of the IPC; convict Kishore has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.5000/-, in default of payment of fine further rigorous imprisonment for six months for the offence punishable under Section 302 read with Section 109 of the IPC. Both the convicts have been further sentenced to undergo rigorous imprisonment for three months for the offence punishable under Section 186 read with Section 34 of the IPC; rigorous imprisonment for one year for the offence punishable under Section 353 read with Section 34 of the IPC; rigorous imprisonment for two years for the offence punishable under Section 323 read with Section 34 IPC; rigorous imprisonment for two years for the offence punishable under Section 411 IPC; rigorous imprisonment for two years for the offence punishable under Section 471 of the IPC. Convict Ghanshyam has been further sentenced to undergo rigorous imprisonment for one year and a fine of Rs.1000/-, in default of payment of fine further rigorous imprisonment for one month for the offence punishable under Section 25 of the Arms Act; rigorous imprisonment for three years and a fine of Rs.2000/-, in default of payment of fine further rigorous imprisonment for two months for the offence punishable under Section 27 of the Arms Act. Benefit of Section 428 Cr.P.C. has been granted to both the convicts.

(2.) The facts as culled out by the prosecution are that on 07.1.2001, Inspector Rishi Dev PW-21 posted as SHO Police Station Civil Lines along with Const. Rajender and Const. Ramesh Chand PW-17, reached Punjabi Basti, Club Road where they were joined by the deceased SI Vinod Kumar and Const. Bijinder PW-18. They proceeded towards Majnu Ka Tila in their Gypsy and reached Magazine Road at about 6.35PM. A white maruti car having number plate of DL-9CC-1595 was noticed standing in suspicious circumstances. Two persons were sitting in the car, one of whom was on the driver seat. PW-21 directed his staff to check the car. As soon as the staff reached near the car, the occupants started running. The police party chased the said occupants and after a distance of about 50 to 60 yards SI Vinod managed to apprehend one of the two occupants whose name later on was revealed as Ghanshyam. The second person, Kishore Kumar was apprehended by PW-18. The appellant Kishore exhorted Ghanshyam and shouted "Maar Goli"; upon which Ghanshyam fired shot at SI Vinod Kumar who fell down on the ground. PW-17 ran after Ghanshyam who, however, managed to escape. Kishore Kumar was apprehended at the spot.

(3.) The PCR van reached the spot. ASI Santokh Singh PW-12, posted Incharge of PCR Van Suger-53 along with H.C. Desh Pal PW-28, on receipt of intimation at 6.35 PM about firing at Majnu Ka Tila had reached the spot where they found a crowd gathered; SI Vinod Kumar was lying in an injured condition, PW-17 Const Bijinder was also injured. PW-12 and PW-28 removed both the injured to the Trauma Centre, Civil Lines. Const. Rohtash Kumar PW-25 working as Duty Constable at Trauma Centre informed the local Police Station, Civil Lines that SI Vinod Kumar and Const. Bijinder had been brought to the hospital in an injured condition. This information was recorded in DD No.14 Ex.PW-4/A by ASI Yadav Chandra PW-14. The rukka Ex.PW-4/ E was endorsed by PW-4 pursuant to which he had recorded the formal FIR i.e. FIR No.7/2001 Ex.PW-4/C, under Sections 186/353/ 323/307/411/471 read with Section 34 of the IPC as also Sections 25 & 27 of the Arms Act. SI Mukesh Tyagi PW-19 had also reached the spot. He was joined by Const. Satinder PW-20 who had accompanied ASI Kesar Lal. The crime team was summoned. The photographer Const. Praduman Kumar PW-24 took six photographs of the spot negatives of which are Ex.PW-24/1 to Ex.PW-24/6. On 08.1.2001, at the Trauma Centre, he took three photographs Ex.PW-21/P to Ex. PW-21/R of the dead body from different angles; negatives of which are Ex.PW-2/7 to Ex. PW - PW-2/9. The rough site plan Ex.PW-20/B of tine place of occurrence was prepared and thereafter the site plan to scale Ex.PW-11/A was prepared by Inspector Devinder Singh PW-11. The blood stained earth and earth control was lifted from the spot and seized vide memo Ex.PW-19/A. The MLCs of SI Vinod and Const. Bijinder Ex.PW-21/C and Ex. PW-21/D were collected; SI Vinod was declared brought dead. The clothes of the deceased were also seized vide memo Ex.PW- 18/A.