TEJINDER VIRDI @ DOLLY Vs. STATE

JUDGEMENT

(1.) THE above captioned appeals arise out of the impugned judgment dated 15.02.2008 and the order on sentence dated 18.02.2008 passed by the learned Additional Sessions Judge in Sessions Case No. 14/1999 arising out of FIR No. 188/1999 registered at Police Station Mehrauli. By virtue of the impugned judgment, appellants Surinder Mishra, Tejinder Virdi @ Dolly, Romesh Sharma and Hem Chand @ Nani, Sant Ram and Ramesh @ Bobby @ Rajesh @ Ajay @ Raju have been convicted for the offence punishable under Section 120-B IPC read with Section 302 IPC. Additionally, appellants Hem Chand @ Nani, Sant Ram and Ramesh @ Bobby @ Rajesh @ Ajay @ Raju have been convicted for the offence punishable under Section 302 IPC read with Section 34 IPC. With respect to the offence punishable under Section 120-B IPC read with Section 302 IPC, appellants Surinder Mishra and Tejinder Virdi have been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 5,000/-, in default to undergo SI for three months; whereas Romesh Sharma has been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 50,000/-, in default to undergo SI for six months. With respect to the offence punishable under Section 302 IPC read with Section 34 IPC, appellants Hem Chand @ Nani, Sant Ram and Ramesh @ Bobby @ Rajesh @ Ajay @ Raju have been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 1,000/-, in default to undergo SI for one month. The learned trial court did not award any sentence to the appellants Hem Chand @ Nani, Sant Ram and Ramesh @ Bobby @ Rajesh @ Ajay @ Raju for the offence punishable under Section 120-B IPC read with Section 302 IPC on the ground that they have been already sentenced for major offence punishable under Section 302 IPC read with Section 34 IPC.

(2.) THE case set up by the prosecution against the appellants is that in the afternoon of 20.03.1999 Inspector Jagdish Meena PW-36, along with some other police officials was patrolling in the area around Chattarpur Mandir when at around 2.00 P.M. Ram Achal Tiwari PW-16, met Inspector Jagdish Meena and informed him that a lady has been murdered at Jai Mata Di farmhouse situated near Chattarpur Mandir. Inspector Jagdish Meena immediately made a telephone call to police station Mehrauli and gave the aforesaid information to SI Sunil Lamba PW-6, who recorded DD No. 12A, Ex.PW-6/4.

(3.) SIMULTANEOUSLY , Inspector Jagdish Meena PW-36, transmitted the aforesaid information to SI J.S. Joon PW-35 and Const. Garib Chand PW-20. Thereafter Inspector Jagdish Meena along with Ram Achal Tiwari PW-16, proceeded to Jai Mata Di farmhouse where he saw that a lady named Kunjum (hereinafter referred to as the Deceased) was lying dead on the ground. Inspector Jagdish Meena noticed that the shirt worn by Ram Achal Tiwari was stained with blood and therefore, he seized the same vide memo Ex.PW-16/1. On inspecting the spot, Inspector Jagdish Meena found a slip of paper on which the telephone number 7166786 was written.