DHIRENDER SINGH TOMAR Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 15.9.2007, the learned Trial Judge has convicted Dhirender Singh Tomar (hereinafter referred to as the appellant) for the offences punishable under Section 302/307/392/120 -B IPC. For the offence of murder, the appellant has been sentenced to undergo imprisonment for life and to pay a fine in sum of Rs. 3,000/ -. For the offence of attempt to murder, he has been sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine in sum of Rs. 2,000/ -. For the offence of robbery, he has been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine in sum of Rs. 1,000/ -. All sentences have been directed to run concurrently.

(2.) BRIEFLY stated, the case of the prosecution is that appellant Dhirender and his three associates namely; Dheeraj, Bahadur Singh Negi and Ajay Kumar (Proclaimed Offenders) hired a commercial vehicle bearing No. RJ 14 5C 1853 from Raj Kumar PW -6 the proprietor of Gangawat Travels; the vehicle being registered in the name of Chottu Ram Meena but possession thereof entrusted to Banwari Lal PW -5. While hiring the vehicle the four told Raj Kumar that they had to carry goods to Delhi. At the time of hire, the driver of the vehicle was Banwari Lal Vyas (the deceased). When the accused loaded the goods i.e. 4 drums, at the request of Banwari Lal Vyas, Munna Lal PW -2 accompanied all in the vehicle which reached Delhi at late night. Two out of the four drums were left in the house of Sanjay Verma PW -4, the cousin brother -in -law of the appellant. Thereafter, all the accused along with the deceased and Munna Lal PW -2 took food which was purchased en -route by accused Dheeraj (Proclaimed Offender) and was laced with a stupefying drug and as a result the deceased and Munna Lal PW -2 lost conscious. Both of them were strangulated and thrown in a garbage dump. Whereas Munna Lal PW -2 did not die, the deceased did. The vehicle took on hire was stolen and could not be recovered till date. The two drums which were left at the residence of PW -4 were recovered.

(3.) NO progress could be made for the next 3 days as the police got no clue. On 21.3.2001, the injured who was admitted in Lal Bahadur Shastri Hospital, was declared fit to make a statement. Insp. Ashwani Kumar recorded his statement wherein he disclosed that his name was Munna Lal and that on 16.3.2001 one Dheeraj @ Chhotu and his 3 other associates hired a white coloured Mahindra Marshal Vehicle bearing No. RJ 14 5C 1853 from Gangawat Travels to take 4 drums containing chemicals from Jaipur to Delhi. That the said vehicle was given on rent by the agency, only at the guarantee of one Kamal. The vehicle was driven by Banwari Lal Vyas, and at the request of Dheeraj, he also accompanied them to Delhi. At about 12:30 AM in the intervening night of 16/17.3.2001 they reached Kondli and visited the house of a brother -in -law (jija) of Dheeraj. They were carrying packed dinner with them, which they ate outside the said house and before continuing with their journey, left two of the four drums at the house of the brother -in -law of Dheeraj. After that he became unconscious and regained consciousness only when he was in the hospital.