RAVINDER RATHI Vs. STATE OF DELHI

JUDGEMENT

(1.) The Appellant impugns a judgment and order dated 24.11.2010 in S.C. No. 14/2008 by which he was convicted for the offence punishable under Sections 302 and 201 IPC. The Appellant was sentenced to undergo life imprisonment and to pay a fine of Rs10,000/-; in default of payment of fine, he was to further undergo simple imprisonment for one month. The Appellant was also sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs 2000/-; in default of payment of fine to further undergo simple imprisonment for one month.

(2.) The prosecution case in brief is that on 30.06.2008 the complainant, Ajit Singh (who deposed as PW-1 during the trial) went to P.S Timarpur and lodged a missing person report in respect of his son Devender Singh (the deceased). He again went to the Police Station on 1.07.2008 along with Boota Singh (PW-4) and got FIR No. 327/2008 registered (Ex.PW-3/A). He stated that the accused Ravinder Rathi, and two other persons, i.e. Guddu and Chotu had hired his son's taxi (Indica car bearing No.DL-3CW-0870) for going to Bulandshahr and that his son had not returned since then. On the statement of the complainant a case under Sections 365/34 IPC was registered. During investigation, the address of accused Ravinder Rathi was traced to Circular Road,Sonia Vihar and on reaching there, it was found that the appellant, Ravinder Rathi was missing for many days. On 02.07.2008 on the basis of the secret information and on the pointing out of Boota Singh, Ravinder was arrested from Yamuna Pusta, Sonia Vihar. He made a disclosure statement and confessed his guilt. He stated that he murdered Devender after stopping the vehicle on the pretext of urinating in the field at a distance of 700-800 meters from the main road, in a semi metalled road near Kharanja, leading to Dholi village. On 29.06.2008 the dead body of deceased Devender was recovered from the field of village Kroli, Bullandshahr, UP by Vijay Bahdur (PW- 23); one handkerchief and a belt were also found with the dead body. The accused pointed out the place of occurrence. The IO after completion of investigation filed a chargesheet and charge was framed against the accused persons under Sections 365/302/201/392/34 IPC. The accused pleaded not guilty and claimed trial.

(3.) The prosecution, to prove its case examined 32 witnesses and relied on various exhibits. The witnesses vital to the prosecution case are PW-1 Ajit Singh, PW-4 Boota Singh, PW-7 Shankar Lal, PW-8 Chhotu, PW-9 Guddu and PW-13 Dharampal Singh. After considering these testimonies and other materials, including exhibits produced during the trial, the impugned judgment convicted the Appellant as charged.