STATE GOVT. OF NCT OF DELHI Vs. DEEPAK

JUDGEMENT

(1.) This order will dispose of a petition by the State seeking leave to file appeal against the judgment and order of the learned Additional Sessions Judge dated 30.04.2010 in Sessions Case No.36/2008.

(2.) The prosecution case is that on 10.06.2006 at around 1:50 A.M., the respondent Deepak visited the Police Station Najafgarh and provided information that he had killed Rohtas, his uncle, resident of Najafgarh by strangulating him with a cloth, the previous night and had thrown the dead body in a field near Surakhpur road. The police reached the T-Point at Surakhpur road leading to Sanik Enclave. The prosecution alleged that the respondent led them to a service lane leading in turn towards Sainik Enclave and after about 250 yards, pointed to a dead body lying on the slope of a field. The respondent is alleged to have identified the body as that of Rohtas. The dead body's neck contained white colour ligature with thin green border. There were no other visible injuries. The police allegedly recovered a plastic box, a broken liquor bottle and one pair of brown colour leather sandals. The crime team arrived at the spot; the scene of occurrence was photographed and several articles were taken into possession. The dead body too was taken into possession. The FIR was registered, inquest papers were prepared and the dead body was sent for autopsy. After recording the statement of witnesses, the police also recorded the disclosure statement of the respondent. It was alleged that in the statement recorded by the respondent, what emerged was that the deceased's wife had abandoned him and eloped with someone else and that he used to habitually consume liquor. The deceased's job had been terminated and he was undergoing financial crisis. It was alleged that the respondent Deepak had borrowed a motorcycle from one Sunil under the pretext of dropping his uncle. Rohtas was made to sit in between Deepak and Rajiv. He was taken to the place where his dead body was found and strangulated with the help of gamcha that he was wearing.

(3.) After concluding the investigation, the prosecution filed the chargesheet against the accused in this case. The respondents denied guilt and claimed trial.