RAM MOHAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These two appeals by Ram Mohan and Ram Prakash alias Munna Tyagi are directed against the judgement dated 26-05-2010 delivered by the learned Additional Sessions Judge-02 (South), Patiala house courts, New Delhi in Sessions Case No.179/2009 (old number: 62/2003) arising out of FIR No.177/03 under sections 302/201/34 IPC registered at police station Vasant Kunj whereby the appellants were convicted for the offence punishable under sections 302/34 IPC. The appellants are also aggrieved by the order on sentence passed by the learned Additional Sessions Judge on 03-06-2010 whereby both the appellants were sentenced to rigourous imprisonment for life and were also directed to pay a fine of Rs. 5000/- each, in default of which, the defaulting convict was to further undergo simple imprisonment for three months. The appellants were given the benefit of section 428 CrPC.

(2.) The charge against the appellants was that they, on or about 22-03-2003, near Shiv Mandir Rangpuri Pahari, in furtherance of their common intention committed the murder of Ballu and thereby committed an offence punishable under section 302/34 IPC.

(3.) The allegations against the appellants were that the deceased Ballu had been left with the appellants on 22-03-2003 at around 7:30 PM at a temple in Vasant Kunj by PW4 Rishi Raj and on the next day, that this, on 23-03-2003 at around 8:35 AM information was received with regard to a dead body in a burnt condition having been found near Peer Baba Mazar. It is alleged that the dead body was identified as Ballu by PW 4 Rishi Raj who gave the names of the appellants to the police whereupon a raid was allegedly conducted to apprehend the appellants but they went missing. It is further alleged that on 02-04-2003, Ram Mohan was apprehended from the area of police station Vasant Kunj. It is also the case of the prosecution that pursuant to to the alleged disclosure made by Ram Mohan a rickshaw was recovered. According to the prosecution, the rickshaw was used to carry the dead body from the mandir to the place where it was found. Appellant Ram Prakash was also allegedly arrested on 28- 04-2003 and, it is further alleged that at that point of time Ram Prakash was dressed in a woman's attire. It is alleged that Ram Prakash made an alleged disclosure statement pursuant to which chappals said to be belonging to the deceased Ballu were allegedly recovered at his instance.