AJAY KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment and order on sentence both dated 31.10.1996 passed by the learned Addl. Sessions Judge, New Delhi, in a case arising out of FIR no. 3/1993, P.S. Okhla Industrial Area, registered under Section 302 IPC wherein the appellant had been convicted under Section 302 IPC and had been sentence to undergo imprisonment for life.

(2.) The case of the prosecution is that on 03.01.1993 a DD No. 60B i.e. Ex.PW1/B was recorded at P.S. Okhla Industrial Area on the information given by the PCR. A copy of the said DD was handed over to Constable Mahipal PW-1, who handed over the same to Inspector Satpal Singh PW-15 who thereupon along with other police officials i.e. constable Mahipal PW-1 and constable Chander Bhan PW-12 went to the place of occurrence i.e. RZ 192, Gali no. 16, Tuglakabad Extension at 7.15 AM. The door of the house was open and a dead body stained with blood was lying on the bed. The complainant Om Parkash PW-7 had met the IO PW-15 and made a statement Ex. PW7/A to him wherein it was alleged that he was a government servant and was resident of RZ 192, Gali no. 16, Tuglakabad Extension. On 07.12.1992 he had rented out one room of his house on rent to Ajay i.e. appellant and Kuldeep i.e. the deceased. They had been residing there since then. On 03.01.1993 at about 6.45 AM, he heard loud shrieks coming from the room which he had given on rent. At that time, he was in the house. On hearing the shrieks, he along with his wife Omvati came out and saw that the persons of neighbourhood had also collected near the house. When he had called the appellant, the light of the room was switched off. He had felt something wrong in the room. Thereupon Om Prakash (PW7) had knocked at the door repeatedly. The appellant slightly opened the room and told that his colleague Kuldeep was proned to "fits". The complainant PW-7 had noticed some blood stains on his clothes. Thereupon, he pushed the door and tried to look inside, however, the appellant had pushed him back and fled outside. Thereupon, he raised the alarm 'pakro pakro' and ran after Ajay i.e. the appellant. The other persons of neighbourhood also ran after appellant. The appellant was apprehended by Ran Singh PW6, a neighbour after a distance of about 125 paces from his house. He along with his neighbour Ran Singh, PW-6 brought him to the rented room. On going inside the room, they found that the deceased was lying in a pool of blood on the bed. He had deep wounds on the neck and his head. A closed knife was also lying there. The blood was also lying on the floor. The persons collected had started beating the appellant. The appellant had told them that the deceased had wanted to kill him. The appellant had also told that he had an apprehension that deceased had murdered his mother. In the meantime, the police came and the appellant was handed over to police. On the aforesaid statement Ex.PW7/A, Inspector Satpal Singh PW-15 had put his endorsement Ex.PW 1/V and got FIR Ex.PW15/A registered by sending a ruqqa to the police station through Constable Mahipal PW-1.

(3.) The complainant Om Parkash PW-7 and other persons of public who were present there, had handed over the appellant to the IO PW- 15. He had prepared site plan Ex. PW15/B. The crime team was also called at the spot. During the course of investigation, IO PW15 had lifted the blood from the spot. The blood stained floor was broken and a piece of blood stained earth was lifted from the spot and seized vide memo Ex.PW 6/C. The blood stained mattress and bed sheet were also seized vide seizure memo Ex.PW6/C. Before seizing, the necessary formalities concerning seizure were completed. A part of scissors measuring 101/2", the handle of which was made of brass was also found at the spot. There was blood on the blade of the scissors and some hair were also struck on it. A knife Ex.P1 was also lying at the spot. The knife Ex.P-1 and part of scissors Ex.P2 were also seized vide aforesaid memo. Before seizing necessary formalities were done. On interrogation, the appellant had made disclosure statement Ex. PW6/B. Pursuant to his disclosure statement Ex. PW 6/B, the other unused part of the scissors Ex.P4 was recovered by the appellant from his "attachi" which was lying in the room. The same was seized vide memo Ex.PW6/F. The appellant was sent for medical examination. His clothes were also seized during the investigation. The scene of occurrence was got photographed. The statement of other PWs were also recorded. The inquest proceedings were conducted before the body was sent for post mortem examination. After post mortem examination, nobody claimed the dead body. As such, the body was cremated by the police. The articles seized were first deposited in the malkhana and during the course of investigation were sent to CFSL for examination. After completion of necessary investigation, a report under Section 173 Cr.P.C. was prepared and was filed against the appellant before the concerned MM, New Delhi. Thereafter, it was assigned to the court of ld. Addl. Sessions Judge, New Delhi. A charge was framed against the appellant for having committed offence punishable under Section 302 IPC. The appellant pleaded not guilty to the same and claimed trial and was tried before Ld. Addl. Sessions Judge, Delhi.