MAHESH CHANDER Vs. STATE

JUDGEMENT

(1.) Holding that the testimony of Ms.Suman PW-3, the wife of the deceased named Inderpal, established that the deceased was in the company of the appellant a little before the deceased was found grievously injured on a public street; the appellant absconding and the car of the deceased as also the key thereof and the mobile phone of the deceased being recovered after the appellant was apprehended and the investigating officer recorded his disclosure statement and the appellant got the recoveries effected; notwithstanding motive not being proved, vide impugned judgment and order dated 28.1.2010 the appellant has been convicted for the offence of having murdered Inderpal. Vide order dated 30.1.2010, the appellant has been sentenced to undergo imprisonment for life.

(2.) When examined under Section 313 Cr.P.C. the appellant admitted visiting the house of the deceased at 11:00 AM on 17.7.2007 and the two i.e. the appellant and the deceased having gone to Noida and then returning to the house of the deceased accompanied by the wife of the appellant and his children along with one Jairam. But, denied that his wife and children remained behind in the house of the deceased and he i.e. the appellant accompanied by the deceased and Jairam left the house of the deceased and after sometime the appellant and the deceased returned to the house of the deceased, followed by the deceased and the appellant, along with the wife and children of the appellant having left the house of the deceased. As per the appellant, after he i.e. the appellant, the deceased, Jairam, the wife and children of the appellant came to the house of the deceased in the evening of 17.7.2007, all of them left the house of the deceased. As per the appellant, Inderpal and Jairam dropped the appellant and his family a little away from their house and he left for Chandigarh along with a party in a private vehicle owned by a person. He returned to Delhi on 3.8.2007 when he was falsely implicated.

(3.) It may be noted at the outset that as deposed to by SI Harpal PW-23, the appellant was apprehended on 3.8.2007. As deposed to by ACP Rajeshwar Kumar PW-26 who was posted as the SHO PS Kalyan Puri in the month of July 2007 and took over the investigation after the FIR was registered, the appellant was not to be found in his house.