RAJESH REKWAR Vs. STATE

JUDGEMENT

(1.) This appeal by special leave is filed against the judgment, dated 310.2011, by the High Court of Delhi in Criminal Appeal No.614/2010, wherein the High Court while dismissing the appeal, has upheld the conviction of the present appellant.

(2.) Brief references to the facts as per prosecution are necessary for the disposal of this case. On 14.08.2004, the Defence Colony Police Station received an information with regard to the commission of offence of murder in the First Floor of the Annexe Portion of 24, Anand Lok, New Delhi. When the police reached the spot, it found in the drawing room the dead body of a man of 25 years of age wearing a white vest (baniyan) and red shorts with deep injuries on throat, chest and both the wrists, which appeared to have been caused by a sharp edged weapon. The Police Inspector concerned searched the house and found another body of a naked man in the bath room attached to the bed-room and noticed that both the hands of the dead body were tied on the back and both the legs were tied with a pant. The Inspector also noticed injuries on the neck, chest and stomach which appeared to have been caused by a sharp edged weapon. Blood spread around the dead body was also noticed. The Police Inspector found as well, two blood stained knives, one of which was broken, lying near the dead body in the drawing room. In course of the investigation, it transpired that the dead body lying in the bath room was of Pushkin Chandra and that in the drawing room was of one Kuldeep. It is to be noted that there was recovery of number of finger prints at the crime scene. Subsequently an FIR was registered u/s 302 of Penal Code being FIR NO.428/2004. During the course of investigation, PW-14 (Inspector Ranbir Singh) found that certain articles, belonging to the deceased, were found missing from the place of residence. Further deceased's car bearing registration no. DL-3CY-8012 was also found missing. It was found that certain cash withdrawals were made with the credit card of the deceased after his death. After investigation one Rajesh Rekwar (present appellant) was arrested and certain articles such as Philips DVD Player (Exhibit -P7) one portable CD Player (ExhibitP-8), one blue cap (Exhibit R-1), 10 coins of USA (Exhibit R-2 (Collectively)] one dark blue pair of jeans, one half sleeve T-Shirt with Reebok written in white on the left side of the chest portion (Exhibit R-3) were seized by PW-18 (Inspector H.C. Verma) vide seizure memo (Exhibit 10/B). As per the prosecution, from the possession of the appellant (Rajesh Rekwar), the following were also recovered: -

(3.) After the investigation, the charge sheet was filed and the case was committed to the Sessions Court. The appellant pleaded not guilty and claimed trial. After considering the arguments and analysing the evidence on record the learned Additional Sessions Judge convicted the appellant u/s 302/34 Penal Code and 380/34 of IPC.