DANISH @ BEHRA Vs. STATE

JUDGEMENT

(1.) By this appeal, appellant challenges the impugned judgment dtd. 30/9/2021 and order on sentence dtd. 24/12/2021 passed by learned ASJ-02, Central District, Tis Hazari Courts, Delhi in Sessions Case No.27557/2016 in FIR No.84/2014, under Sec. 302 IPC, registered at Police Station Daryaganj, New Delhi. The appellant has been convicted for offence punishable under Sec. 302 IPC and directed to undergo sentence of imprisonment for life and a fine to the tune of Rs.10,000.00. In default of payment of fine, he has been directed to undergo rigorous imprisonment for one year.

(2.) The criminal machinery in this case was set into motion on receipt of DD No.50B, dtd. 17/2/2014 at 3.50 PM, at Police Station Daryaganj regarding the information sent by Const. Mahesh from LNJP Hospital that one male injured has been brought to the hospital by one Mohd.Zahid, who is admitted in the hospital vide MLC No.305096/14. DD was marked to ASI Rajesh who along with Const. Amit reached at the hospital and collected the MLC of injured on which history was mentioned as 'found injured in Daryaganj park ' as told by Mohd. Zahid who brought the injured to the hospital. ASI Rajesh inquired about Mohd. Zahid who brought the injured to the hospital, however he was not found.

(3.) Thereafter, ASI Rajesh along with Ct. Amit reached at the spot i.e. Hindi Park, Daryaganj, Delhi, where no eye witness was found but blood drops were found near the mother dairy booth. Crime team was called at the spot, which took the photographs and exhibits. ASI Rajesh and Ct. Amit again came back to the hospital where doctors declared the injured 'not fit for statement '. On this, FIR under Sec. 307 IPC was registered.