RAJESH Vs. STATE OF DELHI

JUDGEMENT

(1.) Rajesh Kumar appellant, was tried for an offence under section 302 Indian Penal Code by Shri P. K. Bahri, Additional Sessions Judge, Delhi, and after trial the accused was found guilty of committing murder of Om Parkash alias Omi, deceased. The accused was sentenced to undergo rigorous imprisonment for life.

(2.) The F.I.R. No. 576/79 came to be recorded in pursuance of a report made by Phool Singh to the effect that on 20-9-1979 at about 8.40 P.M. he along with prosecution witness Anand Kumar was returning from the wrestling arena (Akhara) at Company Bagh when they noticed accused Rajesh Kumar son of Chander Pal inflicting injuries with Chhuri under the Peepal tree near the car parking at Gandhi Ground on the chest and forehead of the deceased Om Parkash who was known to them. It was disclosed that the deceased was a comb vendor who was running his business near Majestic Cinema. It was further reported that occurrence has been witnessed by both of them and after inflicting injuries the accused made an attempt to run away but was overpowered by them just opposite Majestic Cinema. It were actually these two persons who brought the accused to the police station and while on their way to police station, Rajesh accused is stated to have made an extra judicial confession before them that since the deceased had sold him out for Rs. 20/- to a contractor of Ashoka Tent House at Karol Bagh a week back, he inflicted injuries on the deceased out of vengeance. They further reported to the police that the deceased was lying on the scene of occurrence.

(3.) P.W. 1 Shiv Narain. S.I. recorded the F.I.R. P.W. 2 constable Vijender Kumar was summoned by the local police who took photographs of the dead body on the scene of occurrence from various angles. These photos Exts. P-i to P-9 together with their negatives P-10 to P-18 form part of the record. P.W. 3 constable Ranjit Singh handcuffed the accused and went to the spot along with S.I. Gopi Chand P.W. 4 Maha Singh is a witness of having preserved the deceaseds articles in the Malkhana. P.W. 5 Dr. Mukhtiar Singh of the Police Hospital, Delhi, examined the accused Rajesh Kumar on 21-4-1979 at about 1.55 A.M. that is immediately on the day following the night of occurrence and he noticed as many as four injuries on the person of the accused. He also noticed blood stains on the shirt and pant of the accused. These clothes were sealed. All the injuries were simple in nature. He further opined that these injuries could be caused by fall. During the course of his deposition he identified Ext. P-19 and Ext. P-20 shirt and the pant, as the same which he had taken possession of from the person of the accused at the time of examination. He had sealed them and handed these over to the police as per memo, Ext. P.W. 5/B bearing his signatures. He has also deposed that these injuries on the person of the accused could possibly be the result of beating by a blunt object.