RAKESH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) RAKESH , the accused appellant vide judgment dated 17th August 1. 2009 was convicted of charge under Section 302 of the Indian Penal Code (,,IPC for short) for committing murder of Vinod, s/o Balmiki Prasad at Jhuggi No. A-11/12, Maya Puri, Phase-I, New Delhi. On trial, learned District Judge cum Additional Sessions Judge (Incharge), Dwarka Courts, New Delhi found the appellant guilty of the offence charged. Vide order on sentence dated 20th August, 2009, the appellant was sentenced to undergo imprisonment for life and to pay fine of Rs.3,000/- and in default of payment of fine, to further undergo SI for three years.

(2.) ACCORDING to the case of prosecution, on the intervening night of 2nd/3rd May, 2003, a telephonic message was passed at around 1.50 a.m.by Duty Constable Kanwar Singh at DDU Hospital stating that the deceased Vinod, R/o Jhuggi No. A-11/12, Maya Puri, Phase-I, New Delhi was admitted to the DDU Hospital which was reduced into writing as DD No.4A. On this, SI Sohan Pal Singh along with Constable Sukhbir Singh reached at DDU Hospital where they collected MLC of the injured and came to know that the injured was referred to RML Hospital. Thereafter they reached RML Hospital and found that the injured Vinod was opined as not fit for statement. SI Sohan Pal Singh and Constable Sukhbir reached at the spot where SI Sohan Pal Singh seized towel and burnt shoe vide seizure memo Ex.PW1/1, plastic bottle vide seizure memo Ex.PW1/3 and match box vide seizure memo Ex.PW1/4. Thereafter, they reached again at RML Hospital at about 9.00 a.m. where the statement of injured/deceased Vinod was recorded after he was declared fit for statement by Dr.Sanjeev Kumar (PW-21). In this statement injured/deceased Vinod stated that the appellant had come to his home and after some altercation had poured kerosene like substance and lit match stick and set him on fire with an intention to kill him. On the basis of statement and MLC of Vinod, case under Section 307 IPC was registered. During the course of investigation, SI Sohan Pal Singh inspected the spot, site plan was prepared, statements of witnesses were recorded and the appellant was arrested. On 8th May, 2003, injured Vinod expired while he was under treatment at RML Hospital and an information in this regard was received which was recorded vide DD No.34B. Thereafter the post mortem was got conducted. Further investigation was conducted and since injured Vinod expired, case was converted into Section 302 IPC. After completion of investigation, charge-sheet was filed. The trial was conducted, statements of witnesses were recorded leading finally to the passing of the impugned judgment and order on sentence.

(3.) IT was lastly contended on behalf of the appellant that the Investigating Officer did not take the finger prints from the bottle that was seized by him.