DEV SHARAN Vs. STATE

JUDGEMENT

(1.) Vide this appeal, the appellant is assailing the judgment dtd. 30/10/2018 ('impugned judgment' in short) passed by Ld. ASJ (Pilot Court), West District, Tis Hazari Courts, Delhi, whereby the appellant was convicted under Ss. 363/302 of The Indian Penal Code, 1860 ('IPC' in short) for kidnapping and murder of Radhika in FIR no. 793/2016, Police Station Rannhola ; and order on sentence dtd. 30/10/2018, whereby the appellant was sentenced to undergo imprisonment for life under Sec. 302 IPC with fine of Rs.10,000.00, in default to undergo simple imprisonment for six months; and further to undergo rigorous imprisonment for seven years for the offence under Sec. 363 IPC with fine of Rs.5,000.00, in default of payment of fine to undergo simple imprisonment for six months.

(2.) Briefly stating, case of the prosecution is that, on 24/10/2016, ASI Manraj (PW-13) through telephone informed PS Ranhola that caller vide phone 7011548300 informed that at Mohan Garden-5, Gandhi Chowk, one person is beating a two year old girl who has got injured and has become unconscious. Said information was reduced into writing vide DD no. 26A (Ex. PX1), which was handed over to SI Praveen Kumar (PW-19) for necessary action, who along with HC Parminder (PW-17) and Ct. Rajiv (PW-15) left for the spot. On reaching the spot i.e., Santoshi Mata Mandir, Plot no. 181, Gali no. 5, Sector-2, Sainik Enclave, Mohan Garden, broken pieces of bangles and one Topaz blade were found lying near the staircase of the temple and one blood stain was noticed on the cement lid of the gutter. At the spot, one Ashok Kumar (PW-1) produced the appellant/accused before SI Praveen Kumar (PW-19) stating that 'isi shaksh ne ladki ko mandir ki podiyo par patak-patak ke mara tha, jise uski maa hospital le gyi hai'. SI Praveen Kumar (PW-19) called Mobile crime team. In the meanwhile, another information was received by duty officer PS Ranhola that one girl Radhika D/o Pappu, aged about 1-1/2 has been declared brought dead vide MLC no. 10628/16 at DDU Hospital. On receipt of the said information, SI Praveen Kumar left for the hospital and collected the MLC of the deceased (Ex. P7), vide which the patient had been declared brought dead at 1 pm. The body had already been shifted to mortuary and in the mortuary, parents of the deceased i.e. Pappu Kumar (PW-3), Rama Devi (PW-2, who claimed to be the eye witness) and other relatives met. Thereafter, SI Praveen Kumar (PW-19) along with parents of the deceased returned to the spot, got the same inspected and photographed through crime team officials SI Devender Singh (PW-9) and Ct. Satish (PW-8) and photographs (Ex. PW-2/D1 to Ex. PW-2/D6 and Ex. PW-8/A1 to Ex. PW-8/A6) were taken and crime team report (Ex. PW-9/A) was furnished. Thereafter, PW-19 recorded the statement of PW-2 Smt. Rama Devi (Ex. PW-2/A) in the presence of her husband (PW-3). On the basis of the said statement, PW-19 SI Parveen Kumar prepared rukka (Ex. PW-19/A) and got the FIR (Ex. PX-3) registered. Thereafter, further investigation was taken up by Ins. Subhash Malik, SHO PS Ranhola, (PW-18) who also reached there. Site plan of the place of occurrence (Ex. PW-18/A) was got prepared and exhibits i.e. pieces of broken bangles [Ex. P-1 (colly)], one topaz blade (Ex. P-2) and blood stained concrete (Ex. P-3), were lifted, sealed and seized vide seizure memos Ex. PW-17/A to Ex. PW-17/C, respectively. Statements of the witnesses were recorded. The appellant/accused was arrested in the matter vide arrest memo Ex. PW-2/B and his disclosure statement Ex. PW-17/E was recorded. The appellant/accused was got medically examined. On 25/10/2016, post-mortem of the body of the deceased was got conducted vide postmortem report (Ex. PW-14/A) and thereafter, the body was handed over to the relatives.

(3.) Dr. V K Ranga PW-14 who conducted post mortem of the deceased vide his report Ex. PW14/A observed and opined as under: