KAUSHAL SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 19.07.2011 and order on sentence dated 18.08.2011 of learned Additional Sessions Judge in Sessions Case No.1110/08 by which the appellant was convicted for committing offences punishable under Section 302/201 IPC and sentenced to undergo imprisonment for life with fine of Rs. 10,000/- under Section 302 IPC and rigorous imprisonment for four years with fine of Rs. 2,000/- for committing offence punishable under Section 201 IPC.

(2.) The police machinery came into motion on 27.09.2005 at about 6:30 P.M. when DD No.14 (Ex.PW-17/A) was recorded at PS Nangloi on getting information about a headless body of a lady lying at Nizampur near Phatak Nangloi, Tikri. The investigation was assigned to SI Sita Ram who with Constable Kamal reached the spot and found headless body of a lady in the bushes. Due to darkness, the other bodyparts could not be traced. He made endorsement on DD No.14 (Ex.PW- 17/A) and sent the rukka for lodging First Information Report (FIR). He summoned the crime team and dog squad. The inquest proceedings were conducted. On 28.09.2005, legs and face of the deceased were found. Necessary proceedings were conducted on the spot. Public notice for identification of the dead body was issued. Dr.Manoj Dhingra (PW-16) conducted post-mortem examination of the body and thereafter it was cremated. Kamlesh Yadav (PW-10), landlord of the accused identified the photo of the body to be that of Baby Devi-accused's (Kaushal) wife. The police set out to interrogate Kaushal but he was absconding.

(3.) SI Sita Ram visited native village of the accused but he could not be traced. He also visited the parents? house of the deceased in village Paharpur, District Nawada, Bihar and they identified the photo to be that of their daughter Baby Devi. During inquiry, SI Sita Ram came to know that they had lodged a case against the accused and his family members for the murder of their daughter. He collected the photocopy of the complaint.