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2009 Supreme(Del) 708

High Court of Delhi
Pradeep Nandrajog,Indermeet Kaur
Rajinder Alias Lala
Vs.
State
Cri. Appeal Nos. 283, 670, 932 of 2001
Decided On : Jul 03, 2009

Advocates:
Advocate Appeared:
Lekhraj Rehalir, Meera Kaura Patel, Sulaiman Khan, Pawan Sharma

JUDGMENT

PRADEEP NANDRAJOG, J.

(1) Vide impugned judgment and order dated 22.03.2001, the appellants, Baijnath alias Baiju, Ramesh alias Ramesh alias Vinod and Rajinder alias Lala have been convicted for the offence of having murdered Roshan Lal alias Chian (hereinafter referred to as the "Deceased"), for which offence they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- each; in default to undergo simple imprisonment for two months.

(2) In a nutshell, case of the prosecution was that in the night of 24.10.1997 the deceased along with one Hemraj PW-1 and Kamal PW-2, were going to a market for purchasing pigs. On their way to the market, the aforesaid persons were met by the appellants who were gambling at that time; that the deceased also joined in the gambling while Hemraj and Kamal stood outside the slum- dwelling where the deceased and the appellants were gambling. After having won the entire stake money, the deceased was leaving the slum-dwelling in question when the appellants asked him to lend some money to them. On refusal by the deceased to do so, the appellants indiscriminately stabbed him and fled from the place of occurrence after causing the death of the deceased. Hemraj PW-1 and Kamal PW-2, had witnessed the incident. Needless to state, the case of the prosecution hinged upon the veracity and credibility of the testimony of Hemraj PW-1 and Kamal PW-2.

(3) Machinery of law was put into motion when at around 11.21 p.m. on 24.10.1997, a PCR Form Ex.PW-9/A, was filled by HC Verina PW-9, noting therein that a person named G. Lal has informed that a person has been stabbed near A-Block, Sangam Park, Kanjar Jhuggis. Few minutes thereafter, second information regarding the incident was received by HC Usha PW-14, pursuant whereto she filled PCR Form Ex.PW-14/A, noting therein that one person had been murdered near Railway Crossing, Beriwala Bagh, Sangam Park. HC Verina and HC Usha transmitted the aforesaid information to Police Post Sangam Park where Const. Satpal PW-6, recorded DD Entries Ex.PW-6/A and Ex.PW-6/ B, at 11.32 p.m. and 11.35 p.m. respectively.

(4) On receiving the information about the incident. Inspector Vipin Kumar PW-16, accompanied by SI Manvinder Singh PW-4, proceeded to the spot. Simultaneously, other Police Officers namely Const. Jaipal Singh PW- 5, and HC Bhagat Ram PW-12, also reached the spot. On reaching the spot, the aforesaid Police Officers saw the deceased lying dead on the ground. Two persons namely, Hemraj PW-1 and Kamal PW-2, who claimed to have witnessed the incident of murder of the deceased were also found present at the spot. Inspector Vipin Kumar PW-16, recorded the statement Ex.PW-1/A of Hemraj and made an endorsement Ex.PW-4/A thereon, and at around 1.10 a.m. forwarded the same through SI Manvinder Singh PW-4, for registration of an FIR. SI Manvipder Singh took Ex.PW-4/A to the police station and handed over the same to HC Garib Ram PW-11, who recorded the FIR No.698/97, Ex.PW-11/B, at 1.20 a.m. on 25.10.1997. In his statement Ex.PW-1/A, Hemraj stated that he resides with his family in a house bearing Municipal No. 16, Kharid Basti, Gurmandi, Pelhi and is engaged in the business of selling pork. Tonight, at around 10.30 p.m., he along with the deceased, who was his brother by relation, and Kamal had gone to Sangam Park for purchasing pigs. When they reached near a shop of scrap dealer situated at Kanjar Basti slum-dwellings, the appellants who were quite familiar to him stopped them and demanded money from the deceased. Upon the refusal of the deceased to lend money to the appellants, they forced him to do so. Thereafter the appellants started demanding the chain, ring and bracelet from the deceased and when the deceased refused to do so, the appellants took out their knives and exhorted saying that 'they would kill him'. Appellants- Ramesh and Rajinder caught hold of the deceased while appellant-Baijnath inflicted knife blows on the various parts of














































































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