BANARSI LAL Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant challenges the impugned judgment dtd. 30/9/2019 whereby the learned Trial Court convicted the appellant for offences punishable under Sec. 302/201 of IPC and the order on sentence dtd. 30/11/2019 directing the appellant to undergo life imprisonment along with a fine of Rs.10,000.00 under Sec. 302 IPC, in default to undergo rigorous imprisonment for a period of one year and to undergo rigorous imprisonment for a period of five years along with a fine of Rs.5,000.00 under Sec. 201 IPC, in default to undergo rigorous imprisonment for a period of three months.

(2.) Brief facts of the case are that on 5/1/2009, father of the deceased, Hari Prakash (PW-1) was informed by his wife, Sushila (PW-7), at about 9 PM that the accused Banarsi Lal had taken their son Harish @ Babloo (deceased) on motorcycle, but the son failed to return home. Hari Prakash tried to call his son but his mobile number 9818117020 was switched off. At about 10 PM, he went to PS Dabri and told about his missing son but he was told to wait. He searched for deceased till midnight and also during the day on 6/1/2009. Ultimately he lodged a missing report with respect to his son and on 7/1/2009, he contacted two boys namely Indresh Kumar and Kanhiya who belonged to the native village of the accused Banarsi Lal, who took him to the house of the accused at K-10, Chanakya Place but the accused was not found there, and they were informed that the accused had left the house on 5/1/2009 along with his belonging and was absconding. In the afternoon of the same day i.e. on 07th, January, 2009, a telephonic call was received from mobile phone of Harish @ Babloo upon landline no. 32713948 having a caller ID facility installed in the house which was attended by Hari Prakash and the caller asked him to arrange money for his release of his son and on Hari Prakash (PW-1) asking the amount, the call was disconnected. Meanwhile, on 5/1/2009, information vide DD No. 26A was received about one box lying near Old Age Home, Bindapur Extn., Near Shiv Mandir Old Park out of which blood was oozing out. ASI Mahender Singh (PW-13) along with Ct. Karanvir (PW-23) and other staff reached reached the spot and found an iron box on public road near H. No. C-26, New Janakpuri. ASI Mahender Singh (PW-13) broke the box open and found one headless body of a person aged about 30-35 years. Crime team was called on the spot (Ex.PW/36A & B) and ASI Mahender sent tehrir to the PS through Ct. Karambir and got the FIR No. 06/2009 under Ss. 302/201 IPC registered (Ex.PW-8/C). Two cloth gamchas checkdar having blood stains were found inside the box along with another cloth piece having printed design and blood stains. After registration of the case, the first Investigating Officer, Hoshiar Singh (PW-35) made efforts for identification of the body and after completing the essential proceedings at the spot, he sent the body to DDU Hospital Mortuary. Thereafter, on the evening of 7/1/2009, Hari Prakash received information from PS Bindapur that one headless dead body was recovered from a box near Old Age Home, Bindapur. On 8/1/2009, Hari Prakash went to the DDU Hospital where he identified the dead body of his son from the hands and feet (Ex.PW-1/C), and his wife, Sushila (PW-7) and daughter Sujata (PW-2) also identified the dead body of the deceased (Ex.PW-7/A and Ex.PW-2/A respectively). The post mortem of the dead body was conducted and the dead body was handed over to Hari Prakash vide handing over memo Ex.PW-1/D. Thereafter, on 6/2/2009, one head was recovered and seized (Ex.PW-1/F) from the bushes at Chanakya Place, and the head was identified by the family members of Hari Prakash (Ex.PW-1/E) to be that of his son. The head was also sent for post mortem examination.

(3.) The postmortem of both i.e., headless body of the deceased Harish Chand @ Babloo and his decapitated head (Ex.PW-25/A and Ex.PW-25/B) was conducted on 9/1/2009 at about 4 PM and 12/2/2009 at about 1:30 PM at DDU Hospital, Hari Nagar, New Delhi by Dr. Komal Singh (PW-25), HOD, Forensic Medicine, DDU Hospital, New Delhi. The findings of the post mortem of the body were: