HEMRAJ @ BABA Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 3.9.2004, appellants Vijay Kumar and Hemraj have been convicted for the offences punishable under Sections 302/120-B IPC and for Sections 201/120-B IPC. For the offence of murder, the appellants have been sentenced to undergo Rigorous Imprisonment for life and to pay a fine in sum of Rupees two thousand each; in default of payment of fine, they have been sentenced to undergo rigorous imprisonment for one month each. For the offence punishable under Section 201 IPC, appellants have been sentenced to undergo rigorous imprisonment for four years and to pay a fine in sum of Rupees two thousand each. In default of payment of fine, they have been sentenced to undergo rigorous imprisonment for one month each.

(2.) Process of law was set into motion when at 10:10 AM on 25.6.2000, information was received at PS Sangam Vihar that a dead body was lying at a Pahari in Gupta Colony. The same was recorded vide DD No. 5-A. A copy of said DD was entrusted to SI Lehna Singh PW-13 for investigation. Accompanied by Const. Dharamvir PW-9 and Const. Vijender PW-11, SI Lehna Singh reached the spot and found the middle portion (torso with arms and hands attached) of a dead body without its head and legs and without clothes. It was apparent that the body had been cut into pieces, with the head and the legs severed from the torso. SI Lehna Singh prepared endorsement Ex.PW-4/B under the copy of DD No. 5-A and sent the same for registration of an FIR for the offence of murder. He summoned the crime team, a photographer and the dog squad. The photographer Const. Brij Bir Singh PW-2 took seven photographs Ex.PW-2/1 to Ex.PW-2/7 of the dead body; negatives whereof are Ex.PW-2/8 to Ex.PW-2/14. The crime team could lift no clues and even the dog squad picked up no leads. The body was sent to AIIMS mortuary alongwith a request to preserve the same for the reason the body was of an unidentified person.

(3.) 4 days later on 29.6.2000 at 9:24 AM information was received at PS Sangam Vihar about something lying wrapped in a bed sheet in a vacant plot near a shop of furniture situated in I-Block Gali Shani Bazaar, main road Sangam Vihar. The same was recorded vide DD No. 7 Ex. PW- 3/A. The investigation of the said DD was also entrusted to SI Lehna Singh and he proceeded to the spot. There, within a deserted house without a door, he found a head and two legs of a body wrapped in a bed sheet. SI Lehna Singh took three photographs Ex.PW-13/C/1 to Ex.PW-13/C/3 of the same with his personal camera. He seized and sent the head and the legs to the mortuary at AIIMS.