DEEPAK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Vide this appeal, the appellant assails the judgment dtd. 23/2/2018 passed by Ld. ASJ-04 (East), Karkardooma Courts, Delhi, ("impugned judgment" in short), convicting the appellant/accused in FIR no. 292/2013, PS Mayur Vihar, u/Ss. 302/34 IPC and order on sentence dtd. 27/2/2018, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC with fine of Rs.10,000.00, in default to undergo simple imprisonment for a period of six months.

(2.) Briefly stating, the prosecution case is that on 23/8/2013, while on patrolling duty in his beat area, when HC Subhash/PW-18 along with Const. Satender/PW-16 reached Chilla Bagh behind Star City Mall at about 06.15 pm, they found a dead body of a male person near the wall. HC Subhash/PW-18 conveyed this information from his mobile phone to PS Mayur Vihar, which was recorded vide DD No. 34A/Ex.PW23/A and was conveyed to SHO Insp. Vivekanand Jha/PW-23/Investigation Officer ("IO" in short) through wireless. PW-23, who was also on patrolling duty, reached the spot along with his staff and in the meanwhile SI Mausam Ghani/PW-6 also reached the spot on receipt of the call vide DD No. 34A. IO/PW-23 called the Crime Team which inspected the spot and took photographs of the scene of crime. IO collected the samples and seized the incriminating material lying around the spot. Thereafter, the dead body was removed to LBS Hospital, where after examination, he was declared brought dead and the body was sent for post-mortem. In the meanwhile, Sh. Om Prakash/PW-2, father of the deceased came to the hospital along with his other son Rinku/PW-4, searching for his missing son. PW-2 identified the body as that of his son Ravi @ Chottu. IO recorded the statement of Sh. Om Prakash/PW-2 i.e. PW-2/A and made his endorsement/Ex.PW-23/C on the same and got the FIR Ex. PW-8/A registered u/S. 302/34 IPC.

(3.) The prosecution in order to prove its case, examined 25 witnesses in all.