YOGESH Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of learned Trial Court dtd. 22/11/2018, whereby the learned Trial Court held the appellant guilty for murder of his father Bhagwan Das Moolchandani ('deceased'); and also the order on sentence dtd. 29/11/2018, whereby the appellant was directed to undergo rigorous imprisonment for life alongwith fine of Rs.50,000.00 in default whereof, to undergo rigorous imprisonment for 6 months for offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC).

(2.) Brief facts of the prosecution case are that on 5/10/2014, the complainant Karuna (PW-3) left her house with her friend Moushmi for Safdarjung Enclave Market at about 3 PM, leaving behind her father/deceased and her brother/appellant, and at about 5/5/15 PM when she returned back home, she found the door of her house bolted from inside and after her continuous knocking, after about 3-4 minutes, the appellant opened the door. On entering the house, she saw her father lying in one corner in a pool of blood with injuries on his head and blood oozing out and one blood stained 'sotta' was lying in the drawing room of the house. Thereafter, she started shouting and crying on which the neighbours and relatives gathered and one Manish (PW-1) took the deceased to Mata Chanan Devi hospital where, the deceased was declared 'brought dead'. Information was given to the police which was recorded vide DD No.43B (Ex.PW-2/A) which was received by SI Laxman Kumar (PW-16) and thereafter, he alongwith Ct.Vijay reached the spot i.e. B-3/B/88A, Janakpuri, where SI Laxman got to know that the deceased was already taken to Mata Chanan Devi Hospital. He found the door of the house locked from inside, and only after repeated requests, the appellant opened the door. Inside the house, blood was found scattered on the ground and walls as also on the clothes of the appellant. Thereafter, the appellant was sent to the police station. After receiving information regarding death of the deceased, statement of Karuna (Ex.PW-3/A) was recorded and rukka (Ex.PW-16/A) was prepared, upon which FIR No. 1090/2014 dtd. 5/10/2014 under Sec. 302 IPC at PS Janakpuri (Ex.PW-2/C) was got registered. The appellant was arrested by the IO/ Insp. Naresh Kumar (PW-17) vide arrest memo Ex.PW-16/B and his disclosure statement (Ex.PW-16/D) was also recorded.

(3.) The body was sent for post mortem examination and Dr. B.N. Misra (PW-7) at DDU Hospital conducted the post mortem examination on the body on 7/10/2014 and tendered his report (Ex.PW-7/A). He opined: