DALIP KUMAR @ ALBELI Vs. STATE

JUDGEMENT

(1.) THE Appellant Dalip Kumar @ Albeli impugns his conviction by the impugned judgment dated 24.04.2010 passed in Sessions Case No. 75/2009 arising out of FIR No. 314/2006, Police Station Model Town. The appellant has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of Lal Bahadur between 10:30 to 11:00 p.m. on 20th May, 2006 at house No. H -107, DESU Colony, Rana Pratap Bagh, Delhi. By order on sentence dated 28.04.2010, the Appellant has been sentenced to undergo imprisonment for life and pay fine of Rs. 10,000/ - in default of which he is to undergo rigorous imprisonment for three years.

(2.) HOMICIDAL death of Lal Bahadur pursuant to incised wounds has been proved beyond doubt and was not challenged by Ms. Manjusha Wadhwa, Amicus Curiae appearing for the appellant. MLC of the deceased Ex. PW -17/A was proved by Dr. Ranjan Verma, (PW -17), CMO Hindu Rao Hospital who deposed that on the intervening night of 20/21st May, 2006 at about 12:30 a.m. he had examined Lal Bahadur, son of Madan Lal, aged 50 years. Deceased was brought by Head Constable Rajinder of PP Sangan Park. He was declared brought dead and the body was sent to the mortuary. The post -mortem was conducted by Dr. C.B. Dabas, (PW -15) on 22.05.2006 and in the post -mortem report Ex. PW -15/A and as per in the Court deposition of PW -15, the following injuries were observed on the body of the deceased: -

(3.) ON the question of involvement of the Appellant, the learned counsel for the Appellant has submitted that Anita, Meera and Versha, PW -1, PW -2 and PW -3 respectively have turned hostile. They were cross -examined by the Additional Public Prosecutor. She submits that this has dented the prosecution case and the trial court has erred in partly relying upon the statements of PW -1 and PW -2 and Shashi (PW -27). She has drawn our attention to the scaled and unscaled site plan marked Ex. PW -26/A and Ex. PW -30/A and pointed out that there was a rear door to both flats/quarters Nos. H -105 and H -107, the fact reluctantly accepted by ACP Hira Lal (PW -30).