(1.) The appellant has assailed the judgment dated 16th of April, 2009 finding him guilty for Commission of offences under Sections 302/ 201 of the Indian Penal Code. The appellant was heard on sentence and by an order dated 20th April, 2009, the learned Trial Judge sentenced the appellant to imprisonment for life and payment of Rs. 10,000/- as fine and in default of payment of fine, the appellant was sentenced to undergo further simple imprisonment for a period of three months for Commission of offence under Section 302. So far as the sentence for Commission of the offence under Section 201, IPC is concerned, the learned Trial Judge sentenced the appellant to undergo rigorous imprisonment for three years and to pay Rs. 3,000/- as fine in default thereof to undergo simple imprisonment for a further period of three months. It was also directed that the sentences shall run concurrently and the appellant was directed to be entitled to the set off in terms of Section 428 of the Cr. P.C. in respect of the period already undergone by him during judicial custody. The prosecution commenced on receipt of telephonic information received at 6:40 a.m. on the 17th of April, 2002 by the PCR which was passed on by Lady Constable Hemlata of the PCR net of the South West District of Delhi to the police station Dabri scribed as DD No. 9 (Ex. PW 3/B) to the effect that a dead body was lying at the Shivani Senior Secondary School, Mahavir Enclave, Palam. The report was handed over to PW 18-Sub-Inspector Tara Chand who, accompanied by PW 7-Ct. Jaipal Singh, proceeded to the spot.
(2.) The two police officials found a naked headless male body lying on its stomach in the lane behind the Shivani Senior Secondary School. There was some blood near the body while spots of blood were found on the nearby wall. The thumb of the right foot had been split open while the left shoulder bore an injury inflicted with a sharp weapon. As per the police officials, the circumstances and the small quantity of blood lying there suggested that the person had not been killed at the spot but was thrown at the spot after being killed elsewhere. Despite search, the head of the body could not be traced. No eye-witness was also available.
(3.) An endorsement in the above terms was effected on DD No. 9 (Ex. PW 18/A) which was returned to the Police Station Dabri. On receipt of this information, FIR No. 286/2002 dated 17th April, 2002 under Sections 302/ 201 of Indian Penal Code (Ex. PW 3/A) was registered. The same was handed over to the PW 20-Inspector Lakhwinder Singh for investigation.
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