RAJEEV KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant Rajeev Kumar impugns judgment dated 21st July, 2012, arising out of FIR No. 235/2010, wherein he has been convicted under Section 302 IPC for murder of Arun Kumar. By order of sentence dated 25th July, 2012, he has been sentenced to life imprisonment and fine of Rs 2,000/-, in default of which, he shall undergo simple imprisonment for two months.

(2.) Prosecution case is based upon circumstantial evidence. On 9th September, 2010, at about 9.55 P. M. DD entry No. 28 was lodged in Police Station Krishna Nagar that an unidentified man was lying at Kanti Nagar Park. ASI Yash Pal (PW-27) was sent to the crime spot with Constable Pramod (PW-22). Before they could reach, the injured was taken by a PCR van to Guru Tej Bahadur Hospital where, on examination he was declared as brought dead. PW-27 thereafter recorded the rukka (Exhibit PW-27/A), which mentions that many stab injuries were found on the deceased's body. One mobile phone, Rs. 1,400/-, a bike key and some documents were taken into possession.

(3.) Homicidal death of Arun Kumar and his identity is not disputed or denied. MLC (Exhibit PW-15/A) was proved by Dr. Banarasi (PW- 15), who had examined the deceased on 9th September, 2010 at 10.40 P. M. , when he was brought by Constable Rahul of the PCR van. Upon examination, he was declared brought dead. PW-15 has deposed about the articles found on the body of the deceased, i. e. , mobile phone, Rs. 1,400/-, key of the bike and documents. The said articles are clearly mentioned in the MLC itself. MLC also records that the deceased was purported to have been found in a park with history of stabbing. Postmortem report (Exhibit PW-16/A) has been proved by Dr. Ashok (PW- 16). The post-mortem was conducted by Dr. Juthika Debbaram, who had left the hospital but her signatures and hand writing were identified.