DAYA SHANKAR @ LAXMAN Vs. STATE

JUDGEMENT

(1.) By way of this appeal the appellant-accused has questioned the correctness of the judgment dated 29th August, 2009 and order dated 11th September, 2009 passed by the learned Additional Sessions Judge whereby the appellant-accused has been found guilty of the commission of the offences punishable under Sections 302 and 201 of the Indian Penal Code(in short 'IPC') and sentenced to undergo life imprisonment and also to pay fine of Rs.3,000/-, in default of payment of fine to undergo six months simple imprisonment, for his conviction under Section 302 IPC and imprisonment for seven years and fine of Rs.2,000/-, in default of payment of fine to undergo three months further simple imprisonment under Section 201 IPC.

(2.) The appellant has been convicted for the murder of his father's younger brother(chacha) Heera Lal(hereinafter to be referred as 'the deceased) and causing disappearance of his dead body. The prosecution case was that the appellant had murdered the deceased as he(the deceased) was suspecting illicit relationship between his wife, PW-5 Smt. Ramwati, and the appellant and also because of some financial dealings between the two.

(3.) The deceased had left his house in the night of 19th February,2004 telling his wife that he was going to the house of the appellant as there some 'hissab'(settlement of financial dealings) to be done. As per the prosecution case the appellant and the deceased had drinks that night and the uncle(chacha) of the deceased, PW-2 Moti Lal, was also present with them for sometime and had left while they were still drinking. However, the deceased did not return back to his house that night. When the deceased did not return home even after three days his wife lodged a missing report with the police on 23rd February,2004. On 1st March,2004 the appellant had allegedly confessed before his chacha, PW-2 Moti Lal, the wife of the deceased, PW-5 Ramwati and his neighbor PW-8 Dilshad Ahmed that he had murdered Heera Lal on 19th February,2004 as there was some 'len den' with him and had thrown his dead body in a gutter in Machli Market, Sultan Puri. On being informed about that confession the police arrested the appellant on 1st March,2004 and on the same day the dead body of the deceased was also recovered at the instance of the appellant. The appellant also got recovered one blood stained knife with which he had allegedly slit the neck of the deceased.