VIJAY LAMA Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 25th March, 2010 passed by the Additional Sessions Judge, Delhi arising out of FIR No.298/05 PS DBG Road whereby the appellant has been convicted for the offence punishable u/s 302 IPC. The appeal is also directed against the order of sentence dated 26th March, 2010 wherein appellant has been sentenced to undergo life imprisonment and a fine of Rs. 2000/- has been imposed upon him.

(2.) The case of the prosecution is as under:- On 9 th August, 2010 at about 10.30 pm, Head Constable Puran Singh, PW-20 who was posted at P.S DBG Road was present near Ajmal Khan statue in the Ajmal Khan Park. He found blood lying in front of hutment there. He also found a dead body lying inside the hutment under a bench. He immediately informed the Duty Officer of the aforesaid police station who recorded DD No.20A Ex.PW29/A and 29/B which was assigned to Inspector Rajinder Bhatia PW-29. On the basis of aforesaid DD, he along with SI R.D.Yadav PW-21, SI H.N. Giri PW-22 and Constable Samdev PW-28 rushed to Ajmal Khan Park in a government vehicle where they saw a dead body plying in pool of blood under a bench in the hut. On inspection, it was found that there were two injuries on the back and one injury on the left side of chest and on enquiry, the name of the dead person was revealed as Lal Bahadur. No eye witness was available at the spot. Inspector Rajender Bhatia, PW-29 put his endorsement on the DD report and got the FIR No.298/2005 Ex.PW 29/B registered. The Crime team was called at the spot which prepared rough site plan Ex.PW 29/C. The crime team inspected the spot. Inspector Rajender Bhatia, PW-29 lifted a broken bottle from the spot and seized the same vide memo Ex.PW 21/E after completing necessary formalities. Blood stained earth and earth control sample were also lifted by him from the spot.

(3.) On 11 th August, 2005, deceased's sister Maya, PW-4 and Rameshar, nephew of deceased came at the police station and from there they were taken to Lady Harding college where they identified the dead body. After recording their statements, postmortem examination of the deceased was conducted and thereafter the body of the deceased was handed over to Ms. Maya, PW-4. On the basis of secret information, appellant was apprehended on the pointing out of secret informer on 13 th August, 2005 at 3.15 pm near Kapashera Bus stand. After interrogation, appellant was arrested vide memo Ex.PW 21/F. His personal search was conducted vide Ex.PW 21/G. The appellant made a disclosure statement Ex.PW 21/H. Pursuant to this statement, he led the police party to Sarai Kale Khan Railway Station Fatak and from the bushes near the rail lines he got recovered one blood stained knife and one check shirt. Necessary formalities about seizure of the knife and check shirt were done at the spot and the same were seized vide memo Ex.PW/K. Appellant also got recovered one piece of a blue coloured baniyan having blood stains on it, from the railway line boxes. The same was also seized vide Ex.PW21/L. The appellant had also given his half pant to the IO, which was also seized vide memo Ex.PW 21/M. Before seizing, necessary formalities were completed. Medical examination of appellant was got done from Lady Harding Medical College. After completion of necessary formalities, a report u/s 173 Cr.P.C was prepared and filed before the learned M.M Delhi. Thereafter the case was committed to the Session's court and a charge was framed against the appellant for having committed the offence punishable u/s 302 IPC. The appellant pleaded not guilty and claimed trial.