KULDEEP SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of learned Trial Court dtd. 17/8/2018 whereby the appellant was convicted for murder of his brother Rajender Singh ("deceased") by stabbing him with a knife; and the order on sentence dtd. 28/8/2018, whereby the appellant was directed to undergo imprisonment for life along with fine of ?10,000/- in default whereof, simple imprisonment for six months for offence punishable under Sec. 302 of Indian Penal Code, 1860 ("IPC").

(2.) In nutshell, brief facts of the case are that on 28/8/2013, Sanjay Kumar (PW-15) made a PCR call at number 100 and informed that the tenant of a room at the house No. F-178, Laxmi Park, Nihal Vihar had went away after locking the room and that blood was coming out from the said room. The said information was recorded vide DD No.27A which was marked to SI Sugriv (PW-23). SI Sugriv alongwith Ct. Jai Kishore reached the spot and found foul smell emanating from the room as also blood coming out from underneath the door of the said room. Thereafter, the lock of the door was broken with a brick. Inside the room, one bed was found lying and clothes were found lying on the side. On removing the clothes, dead body of one sardar was found lying. The crime team was called to the spot and in the meanwhile, Insp./IO Pramendra Singh (PW-28) also reached the spot. The dead body was sent to the mortuary at SGM Hospital at Mangolpuri. Rukka (Ex. PW-23/A) was prepared pursuant to which, FIR No.294/2013, dtd. 23/8/2013, under Sec. 302 IPC at Police Station Nihal Vihar, West (Ex. PW-5/A) was registered. On 24/8/2013, the dead body was sent for postmortem examination, and was identified as Rajender Singh @ Vicky by the mother Smt. Kartar Kaur (PW-10) and one Narender Kumar (PW-8). After postmortem examination, the body was handed over to the mother Smt. Kartar Kaur (PW-10).

(3.) Dr. Manoj Dhingra (PW-16) alongwith Dr. Manish Wadhwan conducted the postmortem examination on the body of the deceased and tendered his report Ex. PW-16/A and opined :