RAVI KUMAR @ RANGA Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 5.10.2009 whereby the appellant has been held guilty for having committed the offence punishable under Section 304 Part I of IPC and the order of sentence dated 6.10.2009 whereby the appellant has been sentenced to undergo R.I. for 10 years and to pay fine of Rs.5000/- in default of payment of fine to undergo S.I. for 3 months. The benefit under Section 482 Cr.P.C. has been given to him.

(2.) The case of the prosecution is that on 9.3.2006 DD No.5A i.e. Ex.PW8/A was got recorded in P.S. Karol Bagh on the information given by Jagdish, PW2 that his brother Surender was lying dead at house no.10844,Gali No.1, near 100 quarter, Karol Bagh and police be sent there. The copy of said DD report was given to ASI Mahinder Singh, PW12 who had gone to spot along with Constable Suraj Pal. There they had come to know that deceased Surender had already been taken to Lady Harding Medical College. ASI Mahinder Singh PW12 along with Constable Surender, PW-16 reached the aforesaid hospital and collected the MLC of the deceased Surender who was declared having brought dead by the Doctor. The post mortem of the deceased was got done in the mortuary of aforesaid hospital. The crime team was called at the spot and necessary exhibits were seized by him after completing the necessary formalities. On 11.3.2006 the post mortem report was collected wherein the cause of death was craniocerebral damage as a result of blunt force impact on head injury no.1 which was ante mortem in nature and was sufficient to cause death in the ordinary course of nature. ASI Mahinder Singh PW12 collected four sealed pulandas and sample seal duly sealed with the seal of aforesaid hospital and seized vide memo Ex.PW12/A. On the basis of post mortem report an endorsement Ex.PW12/B was made on the copy of DD No.5A, Ex.PW8/A and a case was got registered under Section 302 IPC and thereafter investigation was taken over by SHO Inspector Shiv Dayal, PW8. He had prepared the site plan Ex.PW8/B at the instance of Jagdish PW2. In the meanwhile, constable Suraj Pal came at the spot along with copy of FIR Ex.PW 8/A and original tehrir and handed over the same to Inspector Shiv Dayal, PW8. The statements of the relevant PWs were recorded by him on that day.

(3.) On 13.3.2006, the appellant was arrested at the instance of Jagdish, PW-2 vide arrest memo Ex.PW8/C whose personal search was conducted vide memo Ex.PW8/D. On interrogation he made disclosure statement Ex.PW2/D. After completion of necessary formalities a final report was prepared and was filed before the concerned M.M. The learned M.M. committed the case to Sessions wherein charge under Section 302 IPC was framed against the appellant. The appellant pleaded not guilty and claimed trial.