DINESH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present criminal appeals have been filed against the impugned judgment dated 21.04.2004 and order on sentence dated 26.04.2004 in Sessions Case 1/2001 passed by the Court of Ld. Additional Sessions Judge, Delhi ("ASJ") arising out of FIR no.1086/2000 lodged at P.S. Uttam Nagar under Sections 302/201/120B/34 of the Indian Penal Code ("IPC") and Sessions Case 2/2001 arising out of FIR no. 1107/2000 lodged against Surender @ Lambu (A-1) at P.S. Uttam Nagar under Sections 25/54/59 of the Arms Act. The appellants were convicted for the following offences:

(2.) On 16.11.2000, an information was received at 1:38 PM by Lady Constable Sudesh (PW-1) who was working as a telephone operator in PCR (PHQ), New Delhi that a dead body was lying in a nalla on main Najafgarh Road, Kakrola Mod near Vinod Motors. She transmitted the information to the Communication net of West District for conveying the same to the PCR Van. DD no.21A (Ex.PW-3/A) was recorded on the basis of this information by Roznama Munshi Constable Raj Kumar (PW-3) on 16.11.2000 at P.P. Matiala, P.S. Uttam Nagar. This DD was assigned by HC Bhim Singh (PW-14) to HC Ram Vir (PW-9). Both of them proceeded to the spot. SI Rajbir Singh (PW-23), Chowki Incharge, P.P Matiala and Constable Tejpal (PW-16) also received this information vide DD No.21A and reached at the spot where a dead body was found. They found that PW-14 and PW-9 had already reached there. Photographs of the body were taken by a private photographer and PW-23 made an endorsement on DD no.21A for registration of the FIR under Sections 302/201 of the IPC.

(3.) The body was identified as one of Narender, by the parents of the deceased, Sh. Ram Parshad (PW-13) and Smt.Savitri Devi (PW-12). They informed the police that their son had been missing since 13.11.2000 and expressed a suspicion against the accused, Jitender (A-3), Surinder (A-1) and Dinesh (A-2) as the deceased was with them at about 7:30 PM on 13.11.2000 and last seen alive with them by PW-12 at around 8:30 PM on the same day. The police made a search of the respective homes of the accused but all three were found missing.