DHARAMBIR @ DHARMENDER KALA Vs. STATE

JUDGEMENT

(1.) DHARAMBIR @ Dharmender @ Kala stands convicted under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (IPC) by the impugned judgment dated 12th October, 2009. He has been sentenced to life imprisonment and to pay fine of Rs.1,500/- under Section 302 read with Section 34 IPC and rigorous imprisonment of three years and fine of Rs.1,000/- for the offence under Section 201 read with Section 34 IPC. In default of payment of fine of Rs.1,500/- and Rs. 1,000/-, he has to undergo simple imprisonment of two months each. The sentences are to run concurrently. The aforesaid conviction arises out of FIR No.1025/2004, police station Sultan Puri.

(2.) AS per the charge sheet filed and the prosecution version, on 31st August, 2004, dead body of one Chela Ram was found from a well near MCD flats, Sector-20, Rohini. Later on statement of Sudha, daughter of Chela Ram was recorded, in which she implicated the appellant and her mother-Gianshree.

(3.) THE contention of the appellant Dharambir is that on the date of occurrence, he was less than 18 years of age. The said contention, it appears, was not raised before the trial court and has been raised for the first time in the present application Crl.M.A.6282/2012. Along with the application, Dharambir has enclosed copy of the school leaving certificate wherein his date of birth has been mentioned as 1st April, 1987. He has also given details of his parents, brothers and sister in sequence.