VINOD KUMAR SOIN @ KAPIL KUMAR Vs. STATE

JUDGEMENT

(1.) APPELLANT Vinod Kumar Soin being aggrieved by his conviction in Sessions Case No. 18/92, FIR No. 244/91, Police Station Greater Kailash on the charges under Section 302 IPC and Section 27 of the Arms Act and the sentence awarded in terms of order on sentence dated 28.09.1996, has preferred the instant appeal.

(2.) BRIEFLY put, case of the prosecution is that on 11.12.1991, an information was conveyed by Duty Constable Satya Pal from AIIMS to Police Station Greater Kailash that one R. Kumari was brought to the casualty of AIIMS by one Kapil Kumar S/o Harbans Lal R/o B -236, Greater Kailash, Part -I with bullet injuries. The information was recorded at the Police Station as DD No. 6A dated 11.12.1991 (Ex.PW25/A). SI Krishan Murari (PW37) along with Constable Dharambir (PW33), on the receipt of DD report visited AIIMS and collected the MLC of R. Kumari Ex.PW5/D. She was declared unfit for statement. The history given on MLC was "alleged gunshot on abdomen, no first hand witness/no history". Neither aforesaid Kapil Kumar nor any relative of the injured was found by SI Krishan Murari at the hospital. He appended his endorsement on the MLC Ex.PW5/D and sent it to the Police Station with a request for registration of the FIR under Section 307 IPC. On the basis of the Rukka, formal FIR was registered.

(3.) THAT on the same day at about 1:40 p.m., patient R. Kumari expired and information of her death was conveyed to the Police Station vide DD No. 30B. On receipt of information about the death of R. Kumari, Section 302 IPC was added in the case and the investigation was taken over by the SHO, Inspector K.S. Bedi (PW38). Inspector K.S. Bedi reached at the spot and found the small bedroom of House No. B - 236A, Greater Kailash, Part -I locked. He got the lock opened. Photographs of the place of occurrence was taken from various angles. Crime team was requisitioned and scene of crime was examined with the help of PW1 Man Bahadur. One revolver was found lying near the toilet seat of the bathroom annexed to the small bedroom. A pair of black shoes belonging to the deceased was found in the tub. Bathroom curtains were also lying on the floor and the towel stand was found broken. In the small bedroom, a lady's wrist watch was found lying on the carpet near the bed. As per the advice of crime team in -charge, the Investigating Officer secured the scene of crime for the inspection by the CFSL team.