LAWS(DLH)-2009-2-198

RAMESH KUMAR Vs. STATE

Decided On February 26, 2009
RAMESH KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE appellant along with co -accused Raja Ram faced trial for the charge of having murdered Jagat Pal (herein after referred to as the "Deceased") on the morning of 22.08.2002 and for using arms in contravention of Section 5 of the Arms Act, 1959.

(2.) VIDE impugned judgment and order dated 08.04.2008 the appellant and the co -accused have been held to be guilty of offences punishable under Sections 302/34 IPC and Sections 27/54/59 of the Arms Act. Vide order dated 11.4.2008 they have been sentenced to undergo imprisonment for life for the offence punishable under Sections 302/34 IPC and to undergo RI for one year for offence punishable under Sections 27/54/59 of the Arms Act.

(3.) AS per the prosecution, the events which preceded the recording of the afore -noted endorsement, were, that on 22.08.2002 at about 11.25 A.M. ASI Suresh Chand PW -25, along with Const. Amrit Singh PW -17, were patrolling on a motorcycle in the area around Baba Kharag Singh Marg, when a person informed them that two persons are stabbing a man near Haryana Emporium on Kharag Singh Marg. PW -25 transmitted the said information to Police Control Room based whereon DD No. 8A, Ex.PW -28/DA, was recorded at the local police station. ASI Suresh Chand and Const. Amrit Singh proceeded on their motorcycle to Haryana Emporium.