NAVEEN KUMAR AHUJA Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 27.11.2010 and order on sentence dated 29.11.2010 of learned Additional Sessions Judge in SC No.69/2009 by which the appellant was convicted for committing the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs.3,000/-. The brief facts of the case are as follows.

(2.) DAILY Diary (DD) entry No.35A (Ex.PW-20/A) was recorded at PS Vasant Vihar on 22.10.2005 at about 11.20 P.M. on getting information that a person has been stabbed with a knife at JNU, Saraswati Puram, B & C Employees Quarters. The investigation was assigned to SI Bhawar Singh who along with Const.Manveer Singh reached the spot and came to know that the injured had already been shifted to Safdarjung Hospital. SI Bhawar Singh (IO) on reaching Safdarjung Hospital moved an application to record the statement of injured Rajesh Kumar. The injured was declared unfit to make the statement. The IO returned to the spot and met Pravesh, Security Guard who informed him that some boys left scooter No.DL3SM 3166 at the spot after they failed to start it. The IO made endorsement (Ex.PW-20/B) over the Daily Diary (DD) entry (Ex.PW-20/A) and sent the rukka through Const.Manveer for lodging the First Information Report (FIR). He summoned the crime team at the spot. The IO conducted necessary proceedings including preparation of site- plan, seizure of blood samples, earth sample, seizure of scooter and the relevant documents kept inside the dicky and prepared necessary seizure memos.

(3.) DURING the course of investigation, Manoj, Tejpal and Neeraj were arrested and interrogated on 26.10.2005. Pursuant to their disclosure statements, they recovered the knife thrown in the bushes. The knife was seized after preparing its sketch. The IO also seized the blood stained shirt of accused Manoj. On 26.10.2005, the accused Naveen was arrested near the East gate of JNU at about 10.30 P.M. He was interrogated and pursuant to his disclosure statement, blood stained shirt was recovered from the bushes near the power house. The IO also seized his blood stained pant. The accused declined to participate in the Test Identification Proceedings (TIP). During the investigation, the IO recorded the statements of the witnesses conversant with the facts. After completion of the investigation and collection of the Forensic Science Laboratory (FSL) reports, a charge-sheet was filed against the accused for committing the offence punishable under Section 302/34 IPC. The accused was duly charged and brought to trial.