VIJAY BAHADUR Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) The applicant has filed this application for suspension of his sentence and to enlarge him on bail in the above noted appeal against his conviction and sentence by order dated 15th February, 2010 and 18th February, 2010 in SC No. 55/2008 arising out of FIR 787/2005 under Section 302 of IPC, PS Punjabi Bagh to undergo rigorous imprisonment for life and a fine of Rs. 3,000/- and in default of payment of fine to further undergo six months rigorous imprisonment.

(2.) The applicant has sought suspension of his sentence and to enlarge him on bail on the ground that he has already undergone incarceration for about 4 1/2 years. The applicant has contended that he is innocent and the prosecution has failed to prove his case because the applicant was not arrested at the spot. The assertion of the applicant is that though he was apprehended from a public place where a number of witnesses were present, however, no one was joined as a witness. The applicant has further contended that there are material contradictions and improvements in the testimony of witnesses, especially Prem Singh, PW-2. Reliance has been placed on the deposition of Prem Singh-PW-2 deposing that at the time of drinking, when the quarrel took place and till the murder of the deceased, Lal Singh, was the only person who was present with them at the place of incident. Lal Singh was neither cited nor examined as prosecution witness, who was the only direct witness in the present case according to the applicant. The applicant has also challenged the recovery of blood stained knife/dagger from his house and non-recovery of finger prints from the alleged knife.

(3.) This has not been disputed that the applicant was living with his brother-in-law at address C-102/103, JJ Colony, Madipur, Delhi. From the evidence, it is apparent that accused Vijay Bahadur, his father-in-law and Dalip were consuming liquor in the room of the accused.