RAJA RAM AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THE appellant and his co -accused Ramesh Kumar were prosecuted in Sessions Case No. 01/03 emanating from FIR No. 286/02, Police Station Mandir Marg on charges under Section 302 read with Section 34 IPC and Section 27 of the Arms Act for having committed the murder of Jagat Pal (hereinafter referred to as "deceased") by using knives in contravention of Section 5 of the Arms Act. Vide impugned judgment dated 08.04.2008, the appellant and the co -accused were held guilty of offences punishable under Sections 302/34 IPC and Section 27 of the Arms Act and vide order dated 11.04.2008, they were sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/ -for the offence punishable under Section 302 IPC and also to undergo RI for the period of one year and to pay a fine of Rs. 1,000/ -for the offence punishable under Section 27 of the Arms Act. Feeling aggrieved by the impugned conviction and order on sentence, the appellant has preferred this appeal.

(2.) BRIEFLY put, case of the prosecution is that on 22.08.2002, ASI Suresh Chand(PW25) was present on duty in the area of Baba Kharak Singh Marg along with Constable Subash Giri (PW4), Constable Jasbir Singh (PW16) and Constable Amrit Singh (PW17). After deputing Constable Subash Giri and Constable Jasbir Singh on traffic control duty at T -point, Baba Kharak Singh Marg, Near Hanuman Mandir, ASI Suresh Chand (PW25) proceeded for motor cycle patrol along with Constable Amrit Singh (PW17). At around 11:25 am, in front of petrol pump, Baba Kharak Singh Marg, one person informed ASI Suresh Chand that two persons were stabbing a person with "churri" in the side lane near Haryana Emporium. ASI Suresh Chand informed the police station and reached near Haryana Emporium on Baba Kharak Singh Marg, where he saw two persons, whose names were later on revealed as Raja Ram and Ramesh Kumar, stabbing a man, aged about 35 years and they were saying that they would kill him for stealing their smack on daily basis. On seeing the police, both of them fled from the spot. They were chased by ASI Suresh Chand and Constable Amrit Singh. Constable Subhash Giri and Constable Jasbir Singh also ran after the accused persons. Constable Subhash Giri apprehended accused Ramesh Kumar at Hanuman Lane and Constable Jasbir Singh apprehended the appellant Raja Ram near the Masjid at Connaught Place. Both the accused were holding blood -stained "churries" in their hands. By the time ASI Suresh Chand and the Constables brought the accused persons to the spot of occurrence, the injured had already been removed to the RML Hospital by a PCR Van.

(3.) PW 28, Inspector Ram Kishan returned to the spot of occurrence and recorded the statement Ex.PW25/A of ASI Suresh Chand(PW25). He appended his endorsement Ex.PW28/A detailing the factual situation and sent it to the police station through Constable Gajender Singh (PW22) for the registration of the case. On the basis of the said Rukka, formal FIR No. 286/02 (Ex.PW8/A) was recorded at 2:45 pm on 22.08.2002.