KAMAL Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 21.03.2011 and order on sentence dated 22.03.2011 of Ld.ASJ in SC No. 18/2009 by which he was convicted for committing the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs 2000/-.

(2.) The prosecution alleges that on 16.08.2005 at about 7.30 A.M. Daily Diary (DD) No.5 (Ex.PW-17/A) was recorded at police post Sector-4, R.K. Puram, New Delhi on receipt of information from the police control room that a dead body was lying in a park near Masjid, Sector-3, R.K. Puram. The investigation was assigned to ASI Raghubir Singh. Sub Insp. A.K.Singh (PW-17) with Const.Rajender reached the spot and found a dead body lying in the park. Since no eye-witness was available at the spot PW-17 (SI A.K.Singh) made an endorsement over DD No.5 (Ex.PW-17/A) and sent the rukka through Const.Rajender for registering the case under Section 302 IPC. Insp. Om Prakash, SHO, PS R.K. Puram took over the investigation. He summoned the dog squad, crime team and got the scene of incident photographed. He seized a blood stained stone, a pocket diary, blood stained grass and earth, a pair of cream coloured slippers and prepared necessary seizure memos. One Abdul Rehman was contacted as his mobile number appeared in the pocket diary; he identified the dead body to be that of Kokil Yadav.

(3.) On 17.08.2005, at the pointing out of the secret informer, the accused Kamal was apprehended from near Syndicate Bank, Subji Mandi, Sector-4, R.K. Puram and during personal search (conducted by memo Ex.PW-10/B) Rs155/- was recovered. The accused also produced Rs 7,100/- kept in the inner pocket of his trouser allegedly robbed at the time of commission of murder. The IO also seized the T-Shirt which the accused was wearing at the time of committing the crime. The Investigating Officer also sent the exhibits to CFSL and subsequently, collected its report. After the completion of the investigations, the accused was chargesheeted for committing the crime under Section 302 IPC and was duly charged and brought to trial.