KAMAL Vs. STATE

JUDGEMENT

(1.) This is an Appeal against the Judgment dated 13.12.2018 and order on sentence dated 21.12.2018 passed by the Addl. Sessions Judge-02, South District, Saket Court, New Delhi vide which the appellant has been convicted for the commission of offence U/s 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a sum of Rs. 5,000/- as fine and in default of payment of fine to undergo 06 months of simple imprisonment.

(2.) Briefly stated the case of the prosecution is that an intimation vide DD No. 28A dated 05.09.2013 was received regarding gunshot injury to one boy. On this, SI Rajinder Singh alongwith Ct. Manish reached in front of H.No. 5/4, Sector1, Pushp Vihar and found three empty khols (cartridges) and glass pieces lying there. No eye witness was found at the spot. Thereafter, SI Rajinder went to Batra hospital and obtained the MLC of injured Kapil Singh in which it was mentioned that he was brought by his friends Rohit and Balraj in unconscious state and the patient could not be revived and declared dead.

(3.) Thereafter, SI Rajinder recorded the statement of Balraj Singh @ Babli and pursuant to the statement of Balraj Singh @ Babli, FIR u/s 307/302/34 IPC and 27 Arms Act was registered and the investigation was handed over to Inspector Ajay Pratap Singh who during investigation called the crime team, took the photographs of the spot, lifted the exhibits i.e. glass pieces as well as empty khols (cartridges). Blood stains bullet pellets and glass pieces lying in the XUV car were also lifted. The blood stained clothes of Rohit Choudhary were also seized, post mortem of dead body was also go conducted.