Arvind S.Lal v. State of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

JANUARY 15, 2009 Dharmender

* IN THE HIGH COURT OF DELHI Judgment reserved on : January 7, 2009 % Judgment delivered on : January 15, 2009 + CRL.A. 724/2002 ARVIND S.LAL ..... Appellant Through: Ms. Charu Verma, Advocate versus STATE OF DELHI ..... Respondent Through: Mr. Pawan Sharma, Advocate CRL.A. 605/2002 BHARAT ..... Appellant Through: Mr. Bhupesh Narula, Advocate versus STATE OF DELHI ..... Respondent Through: Mr. Pawan Sharma, Advocate CRL.A. 703/2002 ROHIT ..... Appellant Through: Ms. Charu Verma, Advocate versus STATE OF DELHI ..... Respondent Through: Mr. Pawan Sharma, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? Yes 3. Whether judgment should be reported in Digest? Yes : PRADEEP NANDRAJOG, J. 1. Out of the five accused; namely (i) Arvind S.Lal (ii) Bharat (iii) Sanjay (iv) Rohit and (v) Amar Singh; only Arvind S.Lal, Bharat and Rohit have filed an appeal each, challenging their conviction vide judgment and order dated 7.6.2002 and the order of sentence dated 9.7.2002. Thus, we would be noting the relevant evidence, in relation to the submissions urged by learned counsel for the three appellants, while disposing of the instant three appeals pertaining to the three appellants. 2. Appellant Rohit has been convicted for committing an offence under Section 468 IPC. He has been sentenced to under-go rigorous imprisonment for 1½ years and to pay a fine of Rs.5,000/-; in default, to under-go rigorous imprisonment for one month. Appellants Arvind S.Lal and Bharat have been convicted for committing offences under Section 302/34 IPC, 201/34 IPC and 380/34 IPC. Bharat has additionally been convicted for committing an offence under Section 364 IPC. 3. Arvind S.Lal and Bharat have been sentenced to undergo imprisonment for life and a fine of Rs.100/-, in default, to under-go rigorous imprisonment for seven days for having committed the offence under Section 302/34 IPC. For the offence committed under Section 201/34 IPC they have been sentenced to under-go rigorous imprisonment for three years and to pay a fine of Rs.100/-; in default, to under-go rigorous imprisonment for seven days. For the offence punishable under Section 380/34 IPC, they have been sentenced to under-go rigorous imprisonment for three years and to pay a fine of Rs.500/-; in default, to under-go rigorous imprisonment for seven days. 4. For the offence punishable under Section 364 IPC, Bharat has been sentenced to under-go imprisonment for life and to pay a fine of Rs.300/-; in default, to under-go rigorous imprisonment for seven days. 5. It may be noted that Amar Singh and Sanjay have been convicted for the offence punishable under Section 411 IPC for which they have been sentenced to under-go rigorous imprisonment for 1½ years and to pay a fine of Rs.5,000/-; in default, to under-go rigorous imprisonment for one month. Since the two were in custody for more than 1½ years and paid the fine imposed, the two were set free. This appears to be the reason why both of them have not preferred any appeal against their conviction. 6. The origin of the trial is the receipt of an information on 21.7.1998, recorded by PW-27, Const. Sher Singh, vide DD entry No.20, Ex.PW-14/1, that the dead body of a male was found near a road in Village Pochanpur. It was received at the police post Kapashera falling under the jurisdiction of police station Najafgarh. SI Dharampal, PW-14, was handed over a copy of the DD entry. Accompanied by Const. Laxman he proceeded to the place where the dead body was found. The SHO of the police station, SI Rajesh Kumar Kaushik, PW-19 also arrived at the spot. PW-19 lifted blood stained earth and the sample earth as recorded in the seizure memo, Ex.PW-14/3. 7. PW-14, SI Dharampal, made an endorsement, Ex.PW- 14/2, on the copy of DD Entry No.20 and sent it to the police station through Const. Laxmi Narain. At the police statio