MED SINGH ALIAS MEDU PEHALWAN Vs. STATE

JUDGEMENT

(1.) BOTH these appeals have been preferred against the impugned judgment dated 08. 7. 2008 whereby the appellants Med Singh and Brijesh mawi had been convicted under Section 302 read with Section 34 of the IPC as also for the offence under Section 460 read with Section 34 of the IPC. Appellant Brijesh Mawi had additionally been convicted for the offence under Section 25 of the Arms Act.

(2.) THE case of the prosecution as unfolded is that on 06. 6. 2001 H. C. Brij pal PW-11 who was posted in PCR received an information at 10. 35 PM from the Control Room that firing is taking place at Savitri Nagar near a sweet shop. He i. e. PW-11 alongwith his staff reached the said place where a crowd had gathered inside the STD Booth, blood was lying and some articles were scattered in broken condition. The STD booth belonged to Omiyo Das of malik Communications. The injured i. e. Omiyo Das had already been removed to the hospital.

(3.) THIS information was passed on to the local Police Station which was recorded in D. D. No. ISA and marked to SI Sudhir Sharma PW-24 who alongwith Const. Bajrang Bahadur PW-10 reached J-10 Savitri Nagar. Injured had already been removed to the AIIMS Hospital. On reaching there it was learnt that victim Omiyo Dass had been brought dead to the hospital.