ARUN ALIAS KHADAK SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10th September 2009 and Order on Sentence dated 15th September 2009, whereby the appellant was convicted under Section 302 of IPC and was sentenced to imprisonment for life and to pay fine of Rs 20,000/- or to undergo S.I. for two months in default.

(2.) On 13th February 2008, an information was received at Police Control Room that a male dead body was lying near E-14, Railway Line in Wazirpur Industrial Area. The information was conveyed to Police Station Ashok Vihar. On reaching the spot, police officers found the half naked dead body of a young man lying there. They also found a brick and a concrete stone stained with blood, lying near the dead body. On search of the pant of the deceased, it was found to contain a paper slip bearing the address of Updater Services Pvt. Ltd, C-154, Ground Floor, Lajpat Nagar, New Delhi. One mobile number was also found written on the paper slip. On contacting the person, whose mobile number was found written on the slip, he reached the spot and identified the dead body to be of his employee Sonu. The family members of the deceased were informed and they reached the mortuary where statements of the brother and mother of the deceased were recorded. They claimed that the deceased had left with the appellant at about 5.00 PM on 12th February 2008 and had not returned thereafter. The case of the prosecution is that the murder of the deceased Sonu was committed by the appellant Arun @ Khadag Singh.

(3.) The prosecution examined 15 witnesses in support of its case. No witness was examined in defence. MHC(M) of Police Station Ashok Vihar was examined as a Court witness. The learned Trial Court based the conviction of the appellant on the following circumstances:-