- (1.) These two appeals, by special leave, are directed against the judgment of the High Court of Delhi whereby the Division Bench of that Court affirmed the judgment of the Additional Sessions Judge, Delhi. The Additional Sessions Judge convicted the appellants for the offence punishable under Section 302 read with Section 34 IPC and sentenced them to suffer imprisonment for life.
(2.) On July 8, 2006, Dharam Pal (PW-3)--Head Constable--was on duty at Police Control Room in Police Headquarters from 8.00 p.m. to 8.00 a.m. At about 9.34 p.m., a telephonic message was received in the control room from telephone No. 9210325051 that a person had been shot at A- 450, Shastri Nagar. The said telephonic message was reduced to writing in the PCR Form (Exhibit PW-3/A) and communicated to the Police Station, Sarai Rohilla. Subhash Chand (PW-24), Sub-Inspector, on receiving the said communication (DD No. 31/A), left immediately for the place of incident with Head Constable Vijay Pal (PW-19). PW-24 and PW-19 reached the spot in front of Ahuja Clinic, 'A' Block, Shastri Nagar within 15 minutes of the receipt of the communication.
(3.) Raju (PW-11) was present at the spot. PW-24 recorded his statement (Exhibit PW-11/A) which took about 10 minutes. From there, PW-24 and PW-19 rushed to Hindu Rao Hospital where they came to know that Murari was brought dead. PW-24 collected the MLC (Exhibit PW-30/A); made endorsement on Exhibit PW 11/A and handed it over to PW-19 for taking the same to the Police Station for registration of the case. Based on Exhibit PW 11/A, the first information report (FIR) was registered at Police Station, Sarai Rohilla at 2350 hours.;