PRAVEEN Vs. STATE

JUDGEMENT

(1.) In these appeals by Praveen (A-1) and Deva (A-2), the judgment dated 26.11.2011 and order on sentence dated 29.11.2011 of learned Additional Sessions Judge in SC No. 116/2010 have been impugned. They were convicted for committing the offences punishable under Sections 302/34 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 5,000/- each. A-2 was in addition convicted for the offence punishable under Section 27 Arms Act and sentenced to undergo imprisonment for three years with a fine of Rs. 5,000/-. Both the sentences were to operate concurrently.

(2.) The criminal law was set into motion at around 10.29 P.M. on 07.07.2002 when Daily Diary (DD) Entry No.55-B (Ex.PW-12/A) was recorded by Constable Rakesh Kumar at police station Sultan Puri on getting information from Constable Rakesh of PCR that an individual was stabbed at Bus Stand, Sultan Puri. The investigation was assigned to SI Vinod Kumar who with Constable Jagdish reached the spot. At 10.40 P.M. Daily Diary (DD) Entry No.56-B (Ex.PW-12/B) was recorded on getting information from Dr.Sudeep of Brham Shakti Hospital that an individual was brought 'dead' by his brother Rakesh.

(3.) Pursuant to DD No.55-B (Ex.PW-12/A), SI Vinod Kumar on reaching the spot i.e. Bus Terminal, Sultan Puri did not find any eye witness. On receipt of DD No.56-B (Ex.PW-12/B), he reached Brham Shakti Hospital, Budh Vihar and collected the MLC of Rajesh in which the doctor had pronounced him 'dead' on arrival. SI Vinod Kumar recorded Baljeet Singh's statement who stated that on 07.07.2002 at about 8.00 P.M., he was sitting in the deceased's house. At about 9.20 P.M., they both went to the Bus Terminal, Sultan Puri where the deceased wanted to settle accounts with his driver. At about 9.30 P.M. he (Rajesh) saw a boy, Sanjay (hereinafter described as A-5) beating a poor man and intervened to rescue him. On that, an altercation ensued between the deceased and A-5 and he (A-5) left the spot threatening to see him (Rajesh). After some time, A-5 brought his two associates (A-1 and A-2) and they started abusing him. They caught hold of Rajesh and A-5 hit him (Rajesh) on his head with a bottle as a result of which blood started oozing out and he (Rajesh) fell down. When he (Rajesh) attempted to flee, A-1 and A-5 caught hold of him and A-2 took out a knife from his trousers and stabbed him in the chest. Thereafter, they fled the spot. Baljeet Singh further stated that when he was taking Rajesh to Brham Shakti Hospital, and had travelled some distance, he (Rajesh) fell down. He informed the family members of the deceased and Rakesh, his brother, reached the spot and they both took him in a van to Brham Shakti Hospital. The victim died on the way to the hospital and the doctor declared him 'dead'. Baljeet Singh further described the features of the assailants and claimed that he could identify them if they were shown to him.