VIJAY KUMAR Vs. STATE (GNCT) OF DELHI

JUDGEMENT

(1.) THE Appellant aggrieved by his conviction for offence under Sections 302/34 of the Indian Penal Code (for short the 'Indian Penal Code') and sentence of imprisonment for life and fine of Rs. 1,000/ - with default clause as also under Section 386 read with Sections 511/34, Indian Penal Code and sentence of rigorous imprisonment for three years and fine of Rs. 1,000 with default clause, is before us with the leave of the Court. According to the prosecution, on 6.10.2001 at about 2 p.m., deceased Deepak left his house telling his mother PW -1 Babli that he was going to the house of the Appellant Vijay Kumar to collect payment of Rs. 1,100/ - which he owed to him. When he did not return the parents made search for him and around 9.45 p.m., a phone call was received by his father PW -2 Devinder Choudhary in the nearby provision shop. He was asked to arrange a sum of Rs. 3,00,000/ - as ransom for release of the child. PW -2 Devinder Choudhary, accordingly, informed the police and on the basis of that FIR No. 168/2001 was registered at Police Station Kapashera under Section 364A, Indian Penal Code. During the course of investigation, the child was found murdered and accordingly, offence under Sections 302/34 read with Section 120B, Indian Penal Code were added.

(2.) THE police after usual investigation submitted the charge -sheet and the Appellant was committed to the Court of Session to face the trial where he was charged for commission of the offence under Sections 302/34 and Section 386 read with Sections 511/34, Indian Penal Code The Appellant denied to have committed any offence and claimed to be tried. From the trend of the cross -examination, his plea seems to be of false implication.

(3.) THERE is no eye -witness to the occurrence and the prosecution in order to bring home the charge has relied on the circumstantial evidence only.