SUDHIR Vs. STATE

JUDGEMENT

(1.) Sudhir Kumar impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) vide the judgment dated 27th October, 2009, for murder of Pawan @ Pummi in the night intervening between 13th and 14th July, 2006 on the First Floor of the House No. 62, Gali No. 1, Rumal Singh Gate, Saboli Extension, Delhi. By the order on sentence dated 29th October, 2009, the appellant has been sentenced to undergo life imprisonment and fine of Rs. 3,000/- has been imposed. In default of payment of fine, the appellant has to undergo Simple Imprisonment of six months. Learned counsel appearing for the appellant has contested the impugned judgment on the ground that Than Singh (PW-5) is not a credible witness and his conduct was suspicious as he or his family members did not see the dead body. In fact, the police had initially suspected him as the culprit of the crime and had detained him for 4/5 days. It is submitted that the prosecution has not been able to prove the "alleged motive" as Sekhar (PW-16) had turned hostile. There was no recovery of any document or belongings of the appellant from the room in question and, therefore, there is no evidence to show and establish that the appellant was residing as a tenant in the room, where the dead body of Pawan was found. He has submitted that finger prints/chance prints of the appellant were not lifted from the crime spot and sent for examination. It is submitted that the neighbours and residents of the locality did not join the investigation and their statements were not recorded. It is urged that Shri Pal was an important witness, but he was not examined in the Court.

(2.) Death of Pawan @ Pummi under unnatural circumstances in the intervening night of 13th and 14th July, 2006 is not under challenge. The factum that the dead body of the deceased Pawan was found in the room on the First Floor of House No. 62, Gali No. 1, Rumal Singh Gate, Saboli Extension, Delhi, is proved beyond doubt The post mortem report (Ex. PW-19/A) has been proved by Dr. Barkha Gupta (PW-19). She has deposed that she had conducted the autopsy on 15th July, 2006 between 11.30 am to 1.00 p.m. According to PW-19, dead body was of an adult male, aged about 30 years, who was wearing a white vest, brown underwear and a blue pyjama. Serosangunous fluid was oozing from the mouth and the nostril. Changes consequent upon decomposition were present on the face. The face was bloated up with greenish discolouration. Marbling was present on upper part of the chest and both arms. Rigor mortis was in a passing stage. Ligature mark was present on the neck, but no ligature material was available. The post mortem report (Ex. PW-19/A) records the following external ante-mortem injuries:-

(3.) The cause of death was opined to be asphyxia due to compression of neck by ligature. The injury No. 1 mentioned above was ante-mortem in nature and recent in origin. Time of death was about 1 and day before the conduction of autopsy. In the cross-examination, PW-19 clarified that there could be a variation of six hours on either side about the time of death.