(1.) The present judgment will dispose of Death Reference No. 1/2011 under Section 366 of the Code of Criminal Procedure, and the accused's appeal, being Crl.A. 912/2011 impugning his conviction, and the imposition of death penalty, by the judgment and order of the learned Addl. Sessions Judge-01 (Central), Delhi, dated 24.12.2010 and 10.01.2011 respectively, in S.C. No. 69/2009.
(2.) The appellant (Jitender, referred to variously by his name, or as "the Appellant"), was convicted for the offence under Section 302, Indian Penal Code (IPC) for the murder of his father. It was alleged that on the morning of 13.03.2008, he strangulated his father, aged about 70 years ("the deceased") to death, in the first floor of his own house at No. 6270, Gali Ravi Dass, Nabi Karim, Delhi, within the jurisdiction of the Nabi Karim Police Station. Thereafter, it was alleged that he severed the head from the body, removed the entrails and some organs from the body.
(3.) The facts of the case are that two temples (the Baalmiki Mandir, and the Kaali Mata Mandir) are situated opposite each other, in the vicinity of the appellant's house. At about 2.00 PM, on 13.03.2008, the appellant was seen coming out of his house, his face and clothes smeared with dust, carrying with him something wrapped in black cloth, and running in the direction of the temples. It is alleged that he found that the temples were closed when he reached them. He found the priest of the Baalmiki Mandir, Madan Lal PW-2 (who was resting nearby) and demanded the keys of the Kaali Mata Mandir. When Madan Lal told him that he did not have the keys, the Appellant began to shout and break articles in the temple, and tried to force open the Almirah. PW-2 went outside to seek help and the Appellant was taken away by the Police, for breaching the peace, to the Police Station at 2.25 PM. He was arrested under Sections 107/151 Cr.PC. He was released by the Executive Magistrate in the forenoon of 14.03.2008.
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