RAKESH SHUKLA Vs. STATE

JUDGEMENT

(1.) BY filing the present appeal, the Appellant impugns the judgment dated 27.10.2010 and order on sentence dated 29.10.2010 passed in Sessions Case No.91/09. The Appellant has been convicted for having committed the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/ and in default to pay the fine, to undergo R.I. for six months.

(2.) IN brief, the prosecution's case is that on 12.07.2006 at 10.41 PM an information was received at PS Mandir Marg that a person was lying unconscious near Nehru Chowk, RPF Office, Panchkuian Road, Delhi. The information was recorded vide DD No.23 A Ex.PW10/A and assigned to SI Rajwant who visited the spot and found one person lying at the spot with injuries on his head. One half filled liquor bottle alongwith empty tumbler, one plastic mug, one boiled egg and some salt (on a piece of newspaper) were also found lying nearby. CAT Ambulance A 11 was at the spot and Mr.Anil Aggarwal, Incharge of Ambulance, RML Hospital, on checking, found the injured to be dead. The injured was taken to Lady Hardinge Medical College/Smt. S.K.Hospital, New Delhi where he was declared 'Brought Dead'. Identity of the injured remained 'Unknown'. SHO Inspector Ram Kishan also reached the spot, conducted necessary investigation there and after obtaining MLC from the hospital, he sent rukka Ex.PW14/A through Ct.Satish for registration of the case on the basis of which FIR No.282/2006 was registered at PS Mandir Marg.

(3.) ON arrival of father of the deceased and identification of the dead body, post mortem was got conducted on 18.07.2006. On 04.08.2006, opinion of the doctor was also obtained as to whether the injury could be caused with the wooden support. The opinion confirmed that the injury suffered by the deceased could be caused by the wooden support which was got recovered by the Appellant. The postmortem report summarised the cause of death as :