HIRA LAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.08.1997 and order on sentence dated 21.08.1997 delivered by Additional Sessions Judge, Shahdara, Delhi in Sessions Case No. 6/96, FIR No. 40/95, P.S. Anand Vihar, whereby the Appellant Hira Lal was convicted under Section 302 IPC and was sentenced to rigorous imprisonment for life and a fine of Rs. 500/- was also imposed upon him, and in default thereof, rigorous imprisonment for a period of one month.

(2.) The case of the prosecution was that on 12.2.1995 information was received by PW- 21 Irush Tiagga who was posted at Police Station Anand Vihar that a dead body was lying near railway line Road No. 56, Anand Vihar, which was duly recorded as DD No. 7A which is Ex.PW-21/A. On receipt of this information, SI Irush Tiagga reached the spot along with a constable at about 10.15 a.m. and found a dead body of a Sikh person aged about 25 years.

(3.) On search of the dead body, one purse was recovered from the pocket of the pant containing slips with the heading of K.K. Eggs Traders Bure Commission, Jawahar Nagar, Ludhiana and one black & white photograph of the deceased. A torn pocket of white colored shirt lying near the right hand of the deceased was sealed vide memo Ex.PW15/A. A pair of shoes found lying near his feet was seized vide memo Ex.PW 21/2. The dead body could not be indentified at the spot. The then SHO Sh. Suraj Mal (PW-23) arrived at the spot and carried out further investigation.