STATE Vs. RAKESH

JUDGEMENT

(1.) By this application filed under Section 378(3) of Cr.P.C.the petitioner seeks grant of leave to appeal against the judgment dated 29.09.2012 passed by Hon'ble Sh. Vijay Kumar Dahiya, Addl. Sessions Judge, Dwarka Courts, New Delhi in FIR no. 214/2009 thereby acquitting the accused from the charges framed against him under Section 302/201 of IPC.

(2.) Brief facts of the case as per prosecution story, in the nutshell, are that on receipt of DD No. 4B on 17.10.2009 at about 2.35 a.m., regarding fire in a car at KheraGhumman Hera Road, SIArvindalongwith Ct. Naresh reached at the spot and found one burnt Santro Car bearing registration number DL3CAB-1563 on the side of the main road. The Fire Brigade was also informed which reached the spot and had extinguished the fire. On checking of the Santro Car, one burnt dead human body, having its head on the West side and feet on the East side, was found on the rear seat of the car and one blue coloured blood stained T-Shirt having words ED Hardy TMwritten on it was found near the bushes and one blood stained baniyan of Lux Venus was found lying near the field. One another white and blue coloured striped T-shirt having blood stains on it was also found near the bushes on the East side of the road. One empty half bottle of McDowells No. 1 and a transparent plastic glass were also found there. Crime team was also called at the spot. Thereafter, SI Arvind Kumar prepared the rukka and sent HC Vinod for getting the case registered. After the registration of the FIR, the investigation of the case was marked to Insp. Vijay Singh who reached the spot and sent the dead body of the deceased for post-mortem. Thereafter, Insp. Vijay Kumar took into possession the white & blue coloured striped half sleeve shirt, blue coloured T-shirt having Ed Hardy TM written on it, the white coloured blood stained baniyan having Lux Venus written on it, half bottle of McDowells No. 1 and a transparent plastic glass.The burnt Santro car was found to be registered in the name of Smt. Ramwati Devi W/o Sh. Chandan Singh, R/o 191, BalmikiMohalla, NagliSakrawati Village, New Delhi, who was the mother of the deceased Rajesh. Smt. Ramwati Devi, mother of the deceased and Smt. Poonam, wife of the deceased identified the burnt Santro car to be the same in which the deceased Rajesh had left home and they told that the deceased had left the house on the night of incident to meet one Kamlesh with whom he had illicit relations. Smt. Kamlesh and Smt. Poonam also identified the dead body of Rajesh.

(3.) On 18.10.2009, Insp. Vijay Singh arrested the accused Rakesh, s/o ShriOmpal and recorded his disclosure statement. In his disclosure statement, accused Rakesh stated that the deceased Rajesh had illicit relations with his mother Kamlesh due to which he and his family members were defamed and the deceased used to comment upon him. He stated that being fed up with all these state of affairs, he called the deceased Rajesh at Nangloi Stand on 16.10.2009, purchased one half bottle of McDowells No. 1, met the deceased at Nangloi stand and thereafter sat in his car and reached GhoomanheraKhaira Road and stopped the car near the village of KharkhariNahar and made him drink liquor and when the deceased was under the influence of liquor, he stabbed him with knife due to which the deceased Rajesh entered into a scuffle with the accused (guthamgutha ho gaya) and accused Rakesh also sustained certain injuries on his forehead. He then attacked the deceased with knife and even lifted one brick from the road and attacked with it on the head of the deceased. He further stated that after committing the murder of Rajesh, he, in order to remove the material evidence, put the dead body of Rajesh in the car and set the same on fire and ran away from there. The accused further disclosed that he even had thrown his upper wornclothes, knife and liquor bottle in the bushes andhad later washed the blue coloured jeans which he was wearing at the time of commission of offence.