Ramesh Kumar v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

February 26, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : February 06, 2009 % Judgment delivered on : February 26, 2009 + CRL.A. 478/2008 RAMESH KUMAR ..... Appellant Through: MR. Bhupesh Saini, Advocate versus STATE ..... 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? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. The appellant along with co-accused Raja Ram faced trial for the charge of having murdered Jagat Pal (herein after referred to as the "Deceased") on the morning of 22.08.2002 and for using arms in contravention of Section 5 of the Arms Act, 1959. 2. Vide impugned judgment and order dated 08.04.2008 the appellant and the co-accused have been held to be guilty of offences punishable under Sections 302/34 IPC and Sections 27/54/59 of the Arms Act. Vide order dated 11.4.2008 they have been sentenced to undergo imprisonment for life for the offence punishable under Sections 302/34 IPC and to undergo RI for one year for offence punishable under Sections 27/54/59 of the Arms Act. 3. The case of the prosecution against the accused persons; commencing from their apprehension, the circumstances of their apprehension and the recoveries effected is, as recorded in the endorsement (tehrir) Ex.PW-28/A made by Inspector Ram Kishan PW-28, which reads as under:- "Respected Duty Officer Police Station Mandir Marg New Delhi it is humbly submitted that today on 22.08.2002 after receiving a copy of DD No.8A I reached the spot i.e. service road, near Haryana Emporium, Baba Kharag Singh Marg New Delhi where ASI Suresh Chand No.4619/D along with Const. Subash Giri No.3939/J, Const. Jasbir Singh 2907/T and Const. Amrit Singh 2963/T were present. The said police officials had apprehended accused Ramesh Kumar s/o Leela Ram and accused Raja Ram s/o Parsuram. The clothes of the accused persons were stained with blood and huge quantity of blood was lying at the spot. After leaving SI Krishan Lal who had come at the spot on receiving a call as the incharge of the investigation I left for the RML Hospital. On reaching the RML Hospital I learnt vide MLC No.107519/02 that an unknown male person aged 35 years has been declared brought dead. On the right side of the dead body of the deceased, Om was inscribed and there were fresh injuries on the chest, right arm and forehead of the body. On finding no eye-witness in the hospital I reached the spot where ASI Suresh Chand got recorded his statement and Const. Jagbir Singh had apprehended accused Raja Ram s/o Parsuram and Const. Subash Giri had apprehended accused Ramesh Kumar. Const. Jagbir Singh produced one knife which was recovered from accused Raja Ram. The length of the knife was 23 cm, length of the handle was 9.5 cm, width of the knife was 13.5 cm and was having green colored plastic handle. The said knife was kept in a pulanda and sealed with the seal of RK. Const. Subash Giri produced one knife which was recovered from accused Ramesh Kumar. The length of the knife was 35.1 cm, width of the knife was 23.1 cm, length of the handle was 12 cm and handle was covered with a newspaper. The said knife was kept in a pulanda and sealed with the seal of RK. Both the knives were stained with blood. On the basis of the statement of ASI Suresh Chand No.4619/D and MLC of the deceased accused persons are found guilty of committing offences punishable under Sections 302/34 IPC, 27/54/59 Arms Act. The said endorsement is being handed over to Const. Gajender Singh No.8221/ND for registration of FIR. The FIR be registered and further investigation be conducted. Crime team and photographer be sent to the spot for investigation. Special Report be sent. I inspector is conducting investigation at the spot. Arrival at the spot: 22.08.2002 at 11.30 AM Place of occurrence: Service Road Near Haryana Emporium,