JOGENDER ALIAS JOGESHWAR Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against a judgment and order of the learned Additional Sessions Judge, Delhi dated 27-11-2010 in SC No. 116/08, convicting the Appellant for the charge of committing the offence punishable under Section 302, IPC and sentencing him to undergo life imprisonment, with fine.

(2.) The prosecution allegations are that on 18.04.2005, SI Teg Bahadur was informed (through DD No. 23A), that one Mahesh, (the deceased) resident of Rajeev Nagar, Begampur, Delhi, was taken to the SGM Hospital by one Parsuram in injured condition, and had been declared brought dead. On receipt of this information, SI Teg Bahadur along with Ct. Surender reached the hospital and obtained Mahesh s MLC. The informant Parsuram was also present; his statement (Ex.PW-6/A) was recorded and made the basis of the FIR that was subsequently registered. PW-6 stated that he was residing at H.No.A 48, Rajeev Nagar, Begampur, Delhi for two years, with Mahesh, resident of Bega Thana, Dist Nalanda, Bihar, on rent. He used to be engaged in sewing work in Rajeev Nagar; Mahesh was working at Prahladpur in a factory and used to work during the night shift. He used to stay at home, during the day. PW-6 said that on that day, at 09:00 AM, he left for his work and around 10.00 AM, Mahesh went to his place of work took the house key and left. He also stated that during the day, at around lunch time, Manoj, who had rented the adjoining room, went to him and told him that the room was locked from outside and he could hear Mahesh s cries from inside the room. On hearing this, he went along with Manoj to his room, and also heard Mahesh crying out in pain. Thereafter, Manoj brought pliers and screw driver from his factory and broke open the room door. They found Mahesh on the floor in injured condition. He told them mujhe Jogeshwar @ Jogender, jo ki mere gaon ka hi rehne wala hai, ne muje mara . They took Mahesh in their landlord s car to SGM Hospital. Mahesh became unconscious during the journey and was declared brought dead in the hospital. Subsequently, on 20.04.2005, Jogender @ Jogeshwar was arrested at the instance of the complainant and interrogated. He made a disclosure statement pursuant to which, a knife, used in the incident was recovered from his jhuggi, as well as his blood stained shirt, which he was wearing at the time of the incident. Both were seized separately.

(3.) The Appellant was charged with committing the offence; he pleaded not guilty, and claimed trial. The prosecution relied on the testimony of 22 witnesses, and also produced other materials. Based on appreciation of these, the Trial Court delivered the impugned judgment.