RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant challenges the judgment dated 30th November, 2007 and order on sentence dated 14th December 2007 passed by learned Additional Sessions Judge, Karkardooma Court, Delhi in Sessions case No.72/07 arising out of FIR No.554/04 under Section 302 of the Indian Penal Code (=IPC' for short), P.S. Pandav Nagar.

(2.) The appellant has been convicted for the offence under Section 302 IPC for committing murder by causing death of Chhajjan on 20th October, 2004. The appellant has been sentenced to undergo imprisonment for life with fine of Rs.500/- and in default of payment of fine to undergo simple imprisonment for a period of 15 days.

(3.) Succinctly stated, the case of the prosecution is that on 20th October, 2004, DD No.16A was recorded at P.S. Pandav Nagar regarding a quarrel near Akshardham Temple, Delhi and it was handed over to HC Jagsaran. On receiving the said DD, HC Jagsaran along with Constable Devraj reached at Pushta Yamuna Khadar near Akshardham Temple and found the dead body of one Chhajjan(deceased) lying on a charpai. Thereafter DD No.18A was recorded at P.S. Pandav Nagar and the same was handed over to SI Madan Meena for investigation, who along with Constable Rameshwar Dyal, reached the spot and inspected the scene of crime. Some cauliflower leaves with blood stains, one pair of chappal and one blood stained =wooden seru' (wooden bamboo used in a cot) were found at the spot which were seized. Statement of eye-witness Shadre Alam @ Chhotu (PW-5) was recorded. Accused was arrested, site plan was prepared and post mortem on the dead body of the deceased was got done. After completion of investigation, charge-sheet was filed. The trial was conducted, leading finally to the passing of the impugned judgment and order on sentence.