MANGRU RAM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) MANGRU Ram impugns the judgment dated 23.08.2010 and Order on sentence dated 13.09.2010 of learned Additional Sessions Judge in Sessions Case No.138/2005 by which he was convicted for committing murder under Section 302 IPC and sentenced to undergo imprisonment for life with fine of Rs.2,000.00. The prosecution case as unfolded during trial is as under:-

(2.) RAM Prasad and Dozai (since deceased) lived in a hut in the rear portion of Shashi Bushan Farm, Village-Asola (near Fatehpur Beri Bhand). They were gardeners by profession. They, PW-4 (Puran Masi), PW-9 (Uma Kant) and PW-11 (Harish Chander) used to grow rose plants in their respective portions in the said farm. The deceased had brought Mangru to work with them at the farm. Mangru used to reside in a hut/jhuggi there. On 03.07.2005 Daily Diary (DD) No.4 Ex.PW-7/A was recorded at Police Post Bhati Mines, Police Station Mehrauli at 9:40 A.M. on getting information that someone had killed Ram Prasad @ Dadi and Dozai at Lekhraj Farm House, Fatehpur, Asola and the person residing with them had absconded. The investigation was assigned to SI Praveen Vats who with Const. Subhash Chand reached the spot i.e. Shashi Bushan Farm Village-Asola but did not find any eye-witness there. He made endorsement on the DD No.4 and sent rukka (Ex.PW-7/1) for lodging First Information Report under Section 302 IPC. Inspector C.K.Sharma, SHO Police Station Mehrauli reached the spot and took over the investigation. Exhibits were collected; the bodies were sent to mortuary. Dr.Sanjeev Lalwani conducted post-mortem examination of the bodies on 06.07.2005. Efforts were made to apprehend the appellant but in vain. Finally, he was arrested from his village on 02.08.2005. He was interrogated and his disclosure statements were recorded. It is alleged that one iron box was recovered from the back side of his house and it contained various sundry articles including two pass books of Syndicate Bank in the name of the deceased Dozai. At Delhi, in consequence to the disclosure statement, the police recovered the weapon of offence i.e.axe from the bushes near the wall of Lekh Raj Farm and seized by seizure memo Ex.PW-14/E. The exhibits were sent to Forensic Science Laboratory and reports were collected. Statements of witnesses conversant with facts were recorded. After completion of the investigation, a charge-sheet was submitted against the accused for committing offence punishable under Section 302 IPC. The appellant was duly charged and brought to trial.

(3.) LEARNED counsel for the appellant while assailing the impugned judgment urged that the Trial Court did not appreciate the evidence in its true and proper perspective and fell into grave error in relying upon the testimonies of PW-4 (Puran Masi), PW-9 (Uma Kant) and PW-11 (Harish Chander) without ensuring their truthfulness and credibility. The prosecution was unable to establish any cogent incriminating circumstance to prove that it was the accused and none else who committed the murder of two brothers. He contended that the accused had no motive to commit the gruesome murder of the brothers known to him. The counsel highlighting various infirmities challenged the recovery of iron box with its contents at the instance of the accused. He urged that no independent public witness was associated at the time of recovery of the weapon of offence. There was delay of one month to apprehend the accused and no attempts were made to find out his whereabouts soon after the occurrence. When the police visited the house of the accused, he was found present at the place where he was supposed to be present. There was no abscondence. The prosecution did not collect any evidence to prove that the accused was seen in the company of the deceased soon prior to the occurrence. The investigation carried out by the investigating officer is full of lapses and PW-20 (Insp.C.K.Sharma) deputed his subordinates to undertake investigation to face cross- examination.