(1.) RAKESH Kumar Jha, the appellant herein, impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for having committed murder of Suman Rai. He has been sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000/ -. In default of payment of fine, he has to undergo Simple Imprisonment for six months.
(2.) ONE Suman Rai was found dead in House No. E -50, Ist Floor, Gautam Nagar, New Delhi on 14th May, 2006.She had died a homicidal death, as her body, found in a pool of blood, had injury marks. The post mortem report (Ex. P -17/A) establishes that it was an unnatural death.These facts remain undisputed.
(3.) THE prosecutions case is that on 14th May, 2006, at about 1.00 P.M., the appellant went to Police Station, Lajpat Nagar and confessed that he had murdered Suman Rai in House No. E -50, Ist Floor, Gautam Nagar, New Delhi (vide DD Entry No. 11A). THE prosecution, in addition, relies upon one Srinivas Kumar (PW -20), who was working for the deceased. As per the charge sheet, Srinivas Kumar had stated that the appellant had confessed to him on telephone, that he had committed murder of Suman Rai, on 14th May, 2006. Immediately thereafter, at 1.20 P.M, Srinivas Kumar had passed on the information to Police Control Room (PCR) at No. 100. THE statement made by PW-20, in the Court, varied from the charge -sheet and has been discussed below.
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