RAJESH @ DAI Vs. STATE

JUDGEMENT

(1.) Rajesh @ Dai stands convicted vide judgment dated 04.11.2011 under Section 302 of the Indian Penal Code, 1860 (IPC) for murder of Bhuvan Kumar @ Kalia in the intervening night of 22-23.09.2010 on the Second floor/terrace of the Royal Banquet Hall at Jheel Kurenja, Geeta Colony in East Delhi. By the order of sentence dated 11.11.2011, the appellant has been sentenced to life imprisonment and fine of Rs.1,000/- in default of which he has to undergo simple imprisonment for one month.

(2.) The homicidal death under unnatural circumstances has been proved and established beyond doubt in view of the post mortem report (Ex.PW-9/A). The said report was proved by Dr. S. Lal (PW-9), who had conducted the post mortem. As per the post mortem report the deceased Bhuvan Kumar had the following ante-mortem injuries.

(3.) The cause of death as opined by PW-9 was shock due to ante mortem cranio cerebral damage consequent upon heavy blunt force/object which was hit on the head of the deceased. The injuries were sufficient to cause death in ordinary course of nature. The viscera of the deceased were preserved to rule out any intoxication, but the viscera report has not been placed on record. The viscera was seized vide Ex. PW-17/C. PW-9 has further opined that the injuries were possible by an iron rod which was produced before him for examination. At this stage we only record that the said iron rod was found at the site of the offence, i.e., on the roof of the banquet hall as per the prosecution version. The said position is not disputed by the learned counsel appearing for the appellant.