MONU Vs. STATE

JUDGEMENT

(1.) Vide this appeal, the appellant is assailing the judgment dtd. 8/2/2019 ('impugned judgment' in short) passed by Ld. ASJ, (FTC) North-West; Rohini Courts: Delhi, whereby the appellant was convicted for the offence punishable under Sec. 302 Indian Penal Code, 1860 ('IPC' in short), in Sessions Case No. 53591/2016, in FIR no. 260/2016, Police Station South Rohini ; and order on sentence dtd. 13/2/2019, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC with fine of Rs.30,000.00, in default to undergo simple imprisonment for three months.

(2.) Briefly stating, case of the prosecution is, that on 13/7/2016, at 5:50 am one call regarding stabbing of the brother of a lady, at H. No. 86 Sector 3 Rohini was received by L/Ct. Shobha, which was recorded as DD No. 10/A (Ex PW-7/D). Said information was passed on to HC Balraj (PW-21) for appropriate action. On the same day at about 6:05 am, another call was received regarding the incident by L/Ct. Shobha, informing that the accused has been apprehended by the caller, which was recorded as DD No. 11/A (Ex PW 7/E) and was passed on to SI Lichhman (PW-27), who along with Ct. Ashok Paliwal (PW-28) reached the spot i.e. at Jhuggi no. 86, Indra JJ Camp, Sector-3, Rohini, where HC Balraj (PW-21) and Ct. Sunil were already present. There, complainant Brijpal (PW-3), his brother Sonu (PW-17) and deceased's sister Renu (PW-13) met ; and PW-3 Brijpal produced the appellant before SI Lichman (PW-27). PW-19 Sonu also handed over a blood-stained knife to PW-27. SI Lichman recorded the statement (Ex. PW-3/A) of the complainant/PW-3 Brij Pal. Thereafter, SI Lichhman (PW-27) along with Ct. Ashok went to Jaipur Golden Hospital and collected MLC bearing no. 13382/16 of the injured Sachin, who was unfit for statement. PW-27 SI Lichhman then returned to the spot and prepared rukka Ex. PW-8/A on the statement of Brijpal (PW-3), which was handed over to Ct. Ashok for registration of FIR. (Ex. PW-7/A). PW-27 SI Lichman got the spot inspected through crime team vide inspection report Ex. PW-5/A and also got the same photographed through Ct. Mahesh Kumar (PW-6), vide photographs Ex. PW-6/A1 to A6 (negatives of which are Ex. PW-6/B). Exhibits were lifted from the spot and were seized vide seizure memo Ex. PW-21/A . Sketch of the knife Ex. PW-13/A was prepared by SI Lichman and same was seized vide seizure memo Ex. PW-13/B. Appellant was arrested vide arrest memo Ex PW-13/C and after inquiry, his disclosure statement Ex. PW-21/D was recorded. Appellant was got medically examined through Ct. Sunil at Dr. BSA Hospital as he had also sustained some injuries. He also prepared site plan Ex. PW-3/DA at the instance of eye-witness Brijpal. Wearing blood stained clothes of the appellant Monu i.e. lining shirt and light brown colour pants were sealed and seized vide memo Ex. PW-21/E.

(3.) In order to prove its case, the prosecution examined 30 witnesses.