RAJIV @ DIWANJI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Rajiv @ Diwanji, in this appeal, challenges his conviction under Section 302 and 364 of the Indian Penal Code, 1860 (IPC, for short). The impugned judgment dated 25th August, 2012, holds that the appellant had committed murder of Dalip Kumar Sajwani on 13th December, 2003, after abducting him. By order of sentence dated 27th August, 2012, for the offence under Section 302 IPC, the appellant has been sentenced to imprisonment for life and a fine of Rs. 1000/-, in default of which he has to undergo simple imprisonment for 15 days. For the offence under Section 364 IPC, the appellant has been sentenced to rigorous imprisonment for a period of seven years and a fine of Rs. 1000/- in default of which, he has to undergo SI for 15 days.

(2.) At the outset, we record that the appellant does not question the homicidal death of Dalip Kumar Sajwani on 13th December, 2003, but disputes the appellant's involvement and the manner and mode in which the crime was committed.

(3.) Dr. Anil Aggrawal, Professor of Forensic Medicines, Maulana Azad Medical College (PW-14), who had conducted the post mortem on Dalip Kumar Shajwani, the deceased, on 14th December, 2003 proved that it was a homicidal death. The Post Mortem Report and the opinion report were proved by him as Ex. PW14/A and PW14/B. As per the Post Mortem Report, the deceased had the following injuries:-