DEEPAK Vs. STATE

JUDGEMENT

(1.) Vide this appeal under Sec. 374(2) Cr.P.C, the appellant challenges the judgment dtd. 11/7/2019 passed by Ld. Addl. Sessions Judge-02, Tis Hazari Courts (West), Delhi, ("impugned judgment" in short) whereby the appellant was convicted for the offence u/S 302 IPC in case New S.C. No. 56217/2016, in FIR no. 52/2013, PS Ranhola and order on sentence dtd. 18/7/2019, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC with fine of Rs.5,000.00, in default to undergo simple imprisonment for three months.

(2.) Briefly stating, the prosecution case is that on 11/3/2013 a PCR call was received which was reduced into writing vide DD no. 22A/Ex. PW-28/D that dead body was lying in a house no. A-124 Rajhans Vihar, Shiv Vihar DDA Park, Ranhola. On which, PW-28 Inspector Manoj Kumar alongwith PW-26 SI Ranvir Sharma, PW-25 HC Balwan and PW-24 Constable Sanjeev reached the said house. IO, PW-28 prepared Rukka recording that there are 15 rooms in the said house no. A-124; and room no. 12, which was found locked, blood like liquid was coming out from its gate. PW-6 Vijay Pal Tyagi, owner of the house and PW-5 Bajrangi Lal, caretaker of the house were found present. Lock of the said room no. 12 was got broken open by PW-28 Inspector Manoj Kumar, whereafter he along with other police officials entered the said room. On entering the same, they found a dead body of a heavy built male person aged about 40 years lying in that room and blood was oozing out from his nose; and one naked electrical wire was found tied with the little finger of the right hand of the deceased and the other end of the said wire was plugged in/inserted in the wooden switch board lying near the TV kept behind the deceased's head and the switch was in 'on' position; and the said switch board was further connected to switch board outside the room's gate through a yellow coloured electrical wire, which also was in 'on' condition. No external injury was seen on the dead body.

(3.) In support of its case, prosecution examined 28 witnesses.