STATE Vs. NARINDER KUMAR ALIAS BHALLU

JUDGEMENT

(1.) This judgment will dispose of a petition by which the State seeks leave to appeal against the judgment of the learned ASJ dated 18.04.2011 in Sessions Case No.43/2008 by which the respondent was acquitted of the charge of having committed offences punishable under Section 302/201 IPC.

(2.) The prosecution story is that on 13.11.2006 at about 7:50 P.M. Daily Diary (DD) Entry No.31A Ex.PW-3/B was recorded at PS Dabri on telephonic information given by an unknown person that one Narinder Kumar @ Bhallu S/o Hari Singh Sharma had committed murder of his tenant Ashok at his residence and was in the process of disposing of the dead body in a gunny plastic bag. Investigation was assigned to Insp.Vijay Singh Chandel who, with his staff reached the spot where one Hari Singh opened the door. Accused Narinder present there became perplexed on seeing the police party. Inside the house, one gunny plastic bag was found lying and blood was coming out of it. On checking the gunny plastic bag, it was found containing two plastic bags and one dead body having injury marks on the neck and head. On interrogation, the accused Narinder disclosed that the dead body was of his tenant Ashok Kumar, who was residing there for the last about seven years and left the tenanted premises on 01.11.2006.

(3.) Inspector Vijay Singh Chandel made an endorsement on DD No.31A(Ex.PW3/B) and sent the rukka at about 10:00 P.M. for registering the case under Sections 302/201 IPC. He summoned the crime team, which inspected the spot and photographed it; site plan of the spot was prepared; the accused was arrested and his personal search was conducted. SI Nar Singh (PW-9) prepared inquest proceedings and sent the dead body to DDU for post mortem.