RAM NIWAS Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present appeal, the appellant challenges the impugned judgment of the Trial Court dtd. 28/8/2019, by which the appellant was convicted for murder of one Munna Kumar (deceased); and also the order on sentence dtd. 4/9/2019 directing the appellant to undergo rigorous imprisonment for life as also fine of Rs. 25,000/-, in default whereof, to undergo simple imprisonment for three months for offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC). The learned Trial Court directed the fine to be given to the family of the deceased, if deposited.

(2.) In a nutshell, the facts of the case are that on 28/2/2012, at about 11.52 am, one Bhikhu Sada came to PS Sarai Rohilla with a heavy plastic bag (katta) left by the appellant on his rickshaw. He informed the police that around 9 am, the appellant had boarded his rickshaw from Main Road of Kishanganj Market for Azad Market, and near the Iron Bridge, the appellant got down from the rickshaw and started running away, on which Bhikhu asked the appellant to take his katta, but the appellant told Bhikhu that he was going to urinate and would come back. Bhikhu waited with his rickshaw along with the said plastic bag belonging to the appellant for about two hours, but appellant did not return. Thereafter, Bhikhu reached PS Sarai Rohilla with the said katta. The police officials unloaded the katta from his rickshaw which was found to contain a cardboard box and there was another plastic katta inside the box, on opening which, a dead body of a male aged 23-24 years was found, with a plastic rope tied around his throat. Thereafter, crime team was called at the spot and photographs of the dead body were taken. On investigation, it was found that the description of the dead body matched with the description of a missing person vide DD No. 15A. Complainant of DD No.15A i.e. Mithilesh Prasad was called to identify the body, and he identified the deceased as his nephew. Accordingly, rukka was prepared and FIR was registered, and the body was sent for post mortem examination.

(3.) Dr. Asitesh Bajwa (PW-2) conducted the post mortem examination on the dead body of the deceased on 1/3/2012 at 1.10 pm. He submitted his report Ex.PW-2/A and opined: