RAJU Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 16th July, 2012 passed by the learned Additional Sessions Judge -03 (NE), Karkardooma Courts, Delhi whereby the appellant has been convicted for the offence punishable under Section 304 Part I of the Indian Penal Code (hereinafter referred to as ,,IPC). Vide order on sentence dated 17.07.2012, he has been sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/ - and in default of payment of fine to further undergo six months rigorous imprisonment.

(2.) BRIEFLY stated, the case of the prosecution is that on 29.02.2008 on receipt of DD No.11A at 10.52 a.m., ASI Rajeshwar along with Constable Brij Pal reached the spot near B -Block, Gali No.10, House of Kallu, Siri Ram Colony and observed that a lot of blood was lying on the floor. A piece of stone and a blood stained wooden thapki were also lying on the spot. On enquires, it was revealed that injured had already been removed to GTB Hospital. ASI Rajeshwar, after leaving Constable Brij Pal at the spot went to hospital and collected MLC of Javitri (deceased) who was declared ,,brought dead by the doctor at GTB Hospital. ASI Rajeshwar (IO) returned to the spot and recorded statement of Mahender Singh, an eye -witness. In his statement to the police, Mahender Singh, s/o Ram Chander Singh stated that he was going to the house of Bechhe Singh at Gali No.10, Siri Ram Colony, for collecting money as Bechhe Singh owed money to him. At about 10.30 a.m., when he was outside the house of Bechhe Singh, he saw that a lady was washing clothes in the house in front of the house of Bechhe Singh and her Jeth -Raju (appellant) was asking her to wash his clothes in a raised voice. The said lady replied ,,kal dho dunge (would wash his clothes tomorrow). The appellant -Raju got enraged and lifted a stone which was lying near and hit the lady on her head and at other places on her body, as a result of which, she fell on the floor and was bleeding profusely from her head. Later on, the name of said lady was revealed as Javitri. He tried to apprehend the appellant but he pushed him and fled away from the spot. Somebody called at number 100. PCR van came at the spot and removed Javitri at the hospital. On the basis of rukka, FIR was got registered under Section 304 IPC. Inspector Ajmer Singh also reached at the spot. Crime team inspected the spot. Photographs were taken. The stone, wooden thapki, blood stained earth control, blood stained earth and blood sample were seized. Site plan was prepared. On 29.09.2008, the appellant was apprehended at about 10.30 p.m. His blood stained jeans pant and shirt were seized. Post mortem was got conducted on the body. Clothes of the deceased and scalp hair were also seized. After post mortem, the dead body was handed over to her father Ram Veer Singh. Scaled site plan was got prepared. On completion of investigation, charge -sheet was filed and the trial was conducted. The prosecution produced various witnesses and their statements were recorded, leading finally to the passing of the impugned judgment and order on sentence.

(3.) IT was further contended that the appellant has been falsely implicated at the instance of Mahender Singh (PW -1) who was a local leader and had an altercation with the appellant, a day prior to the incident and also on one occasion, appellant had slapped him. Puneet Kumar (PW -13) has stated that on the date of incident, the appellant - Raju and he had left for the work at about 9.00 a.m. His brother was working with him. In such a case, the possibility of the appellant being the perpetrator of the crime is totally ruled out.