ASHOK KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against a judgment and order of the learned Additional Sessions Judge dated 08.11.2010 in S.C. No.121/2008 whereby the Appellant was convicted for having committed the offence punishable under Section-302, IPC. He was sentenced to undergo life imprisonment and also directed to pay fine.

(2.) According to the prosecution, on 07.06.2005, Police Station Uttam Nagar received information at 5:50 AM on telephone that a dead body was recovered from a park at Hastsal Village, Uttam Nagar near the Government school. After recording the information (Ex.PW- 14/A, DD-30A), SI Jassa Singh, PW-19 went to the spot with Constable Gauri Shankar. Inspector Ishwar Singh Beniwal who received information also went to the spot. The police discovered that the body bore injuries on the face, both hands and neck, apparently caused with a sharp weapon. They also found a wrist watch and a mobile phone lead and a handle (lying at a distance of about 3 paces from the body). Blood was oozing from the head of the dead body. Subsequently, the deceased was identified as Mohd. Raza @ Madina by his brother Mohd. Hussain, who deposed as PW-3 in the trial. The FIR was subsequently registered as Ex.PW-8/A. The prosecution further alleged that the statements of witnesses were recorded and that the deceased used to carry on business of managing a juice shop. It was alleged that Rekha (PW-4) had recently stayed with the deceased; he had apparently arranged a rented place and she had left two days prior to the date of incident. The prosecution further alleged that on 06.06.2005 at 10:00 PM, the deceased was seen taking liquor with two persons and had gone towards the park from where his body was subsequently discovered in the early hours of the next morning. The Postmortem report Ex.PW-16/A which was based on the postmortem conducted on 09.06.2005, suggested that the time of death is about 2 days prior to the date of examination. It, therefore, fixed the time of death at approximately 1-1:30 AM on 07.06.2005. The accused and Arif Ali @ Sagar were suspected by the police, as perpetrators of the crime. It was alleged that the accused were absconding. On 30.06.2005, the present appellant surrendered in the court and was arrested and on the basis of his disclosure statement recovery of certain articles was made. He and Arif Ali @ Sagar were charged for having committed the murder of Mohd. Raza @ Madina. They pleaded not guilty and claimed trial.

(3.) The prosecution relied upon the testimonies of 19 witnesses besides several material exhibits such as the postmortem report, report of the Forensic Science Laboratory, seizure memo etc. On overall consideration of these, the Trial Court concluded that the appellant was guilty as charged; however, the co-accused Arif Ali @ Sagar was acquitted.