VIRENDER Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Appellant Virender impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of Vishal in prosecution case arising out of FIR No. 571/2006, P.S. Sarita Vihar, vide judgment dated 23rd December, 2011. By order of sentence dated 24th December, 2011 the appellant has been sentenced under Section 302 IPC to undergo life imprisonment and pay fine of Rs. 10,000/-, in default of which, he has to undergo rigorous imprisonment of two months. The appellant has been also convicted for the offence under Section 363 IPC to undergo rigorous imprisonment for seven years and pay fine of Rs. 2,000/-, in default of which he has to undergo rigorous imprisonment for 15 days. We may note that in the charge-sheet allegations under Section 377 IPC were made but no charge was framed under the said Section. The prosecution case is based upon circumstantial evidence and the core issue is whether or not the appellant is the perpetrator of the said crime.

(2.) The factum that the deceased, the young boy aged about 3 1/2 years had died a homicidal death is not seriously disputed before us and in any case is proved beyond doubt by Dr. Millo Tabin (PW-7) who has proved the post mortem report Ex. PW 7/A. As per the post mortem report, cause of death was strangulation of the neck which was ante mortem in nature and sufficient to cause death in ordinary course of nature. The said post mortem was conducted on 06.11.2006 and the post mortem report records that the date of death was about one week back. The deceased had also suffered diffused hematoma along the strap muscles of neck and there was fracture of left side of hyoid bone. The upper portion of the dead body was discoloured, distended, disfigured and decomposed. Eye balls were sunken into cavities. There was degloving of skin of both hands. The hair of scalp could be easily plucked off. Maggots ranging from one to two Centimeter in length were present all over the body.

(3.) Rambir Singh (PW-1), the father of the child had made a complaint (Ex. PW-1/A) on 2nd November, 2006 at about 5.20 a.m. that Vishal had gone missing and was untraceable. The said complaint was taken into writing and recorded as DD No. 14 (Ex. PW 1/A). The said DD entry merely records that Vishal aged about 3 1/2 years who was wearing red and blue colour t-shirt and orange colour knicker was missing since 1st November, 2006 from about 2.00 p.m. In the said complaint, the name of the appellant is not mentioned. The complainant did not suspect anyone. It was further indicated that the complainant had made search and had tried to locate Vishal, but was unsuccessful.