ALIZAN Vs. STATE

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment and order dated 06.03.2007 convicting the appellant for the offence punishable under Section 302 IPC for which offence he has been sentenced to undergo imprisonment for life and pay a fine in sum of Rs.2000/-.

(2.) On 11.10.2003 Police Control Room received information at about 22:54 Hrs. that at House No.3381, Chowk Singhara, Qutab Road, Delhi, one person has been murdered. This information was received by ASI Moti Lal PW-11. ASI Moti Lal further flashed the message Ex.PW-11/A to the concerned police station i.e. Sadar Bazar. PW-6 ASI Khem Singh Duty Officer at PS Sadar Bazar recorded the DD No.36A, Ex.PW-14/B, and the same was handed over to SI Naresh Kumar PW-14 for investigation.

(3.) Taking along with him DD No.36-A, PW-14 reached House No.3731, Singhara Chowk along with HC Yashpal (not cited as witness), HC Ravinder PW-5, Ct.Suresh Chand PW-9 and Ct.Ram Naresh PW-10 from where he came to know that the incident of murder has occurred at House No.3379. Accordingly, he reached the premises where a dead body of a male aged about 45-46 years having injury marks on the neck while blood oozing from his mouth and tongue between upper and lower jaw was found. Blood was lying on the stair cases also. The name of the deceased was revealed as Darshan Singh who was residing at House No.3379, IInd Floor Chowk Singhara, and the deceased was wearing baniyan and blue coloured under-wear and the dead body was smelling and it appeared that the murder was committed one or two days prior. He inspected the spot, room of the deceased and prepared rukka Ex.PW-14/A upon which FIR Ex.PW-6/A was recorded under Section 302/201 IPC.