SUBHASH CHAND @ BHASI Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment dated 12.10.1995, in Sessions case No.77/91 arising out of FIR No.464/90, Police Station Nabi Karim convicting the appellant for the offence punishable under Sections 302/34 IPC and also the order on sentence of the even date in terms of which the appellant has been convicted to undergo RI for life.

(2.) Briefly stated, the case of the prosecution is that on 29.12.1990 at about 7.00 a.m. in the morning, ASI Ombir telephonically informed the duty officer P.S. Nabi Karim that some unknown persons have informed him through a public call that a person was lying dead in a gunny bag in the garbage dump located at Gali Kumhar Wali, Ram Nagar. This information was recorded as DD No.6A (Ex.PW18/A) and copy thereof was entrusted to SI Jai Kishan, PW20, who proceeded for the garbage dump, Ram Nagar along with Constable Sehdev, where he found a dead body wrapped in a plastic bag in the garbage dump. The dead body was identified by PW9 Ramesh Chander as that of his cousin Sudesh @ Meenu. On 29.12.1990 itself, accused Govind Ram (expired during the pendency of the appeal) was apprehended near Sheela Cinema at 3.00 p.m. He led the police party to his house number L-84, Laxman Puri. There blood was found lying on three places on the landing of the staircase on the first floor. Blood was also noticed on the second and sixth step of the staircase leading from the first floor to the second floor.

(3.) There were some stains of blood on the western wall by the side of the sixth step of the staircase leading from the first floor to the second floor. The staircase terminated at a triangular step where a blood stained brick, a blood stained leather chappal and a blood stained piece of wood were found. The police lifted the sample of blood from the staircase and also seized the blood stained brick, blood stained chappal and the blood stained piece of wood. The accused Govind Ram led to the police to the ground floor and produced a blood stained kurta, pyjama and a pair of chappals from the store of his house, which were taken into possession. Govind Ram also pointed to a three wheeler scooter No.DLR 8050 which was parked in the gali outside the house. On inspection, some blood was found on the seat of the said three wheeler scooter. Sample of the blood was lifted from there also.