MUNNA PANDIT Vs. STATE

JUDGEMENT

(1.) By the impugned judgment dated 1st October, 2013, Munna Pandit has been convicted under Section 302 Indian Penal Code ("IPC" for short) for the murder of his brother Megh Nath Pandit on 3 rd May, 2011. By order of sentence dated 7th October, 2013, he has been sentenced to life imprisonment but no fine has been imposed.

(2.) The impugned judgment and the prosecution primarily rely upon the testimonies of Lal Babu Shah (PW6) and Mukesh (PW7) who were residing with the appellant Munna Pandit and the deceased Megh Nath Pandit at factory No. 193, Sector 3, DSIDC Bawana, Delhi. Lal Babu Shah (PW6) and Mukesh (PW7) are not the eye witnesses and do not claim that they had seen the appellant inflicting injuries on the deceased but have deposed about purported motive and extra judicial confession made to them by the appellant. The prosecution also relies upon recovery of blood stained clothes of the appellant pursuant to his disclosure statement (Ex. PW17/A) and the FSL report (Ex. PW 22/D and PW22/E), as per which human blood of group "O" was found on the T-shirt (Ex. 9B) recovered pursuant to the disclosure statement.

(3.) We have examined the statements of Lal Babu Shah (PW6) and Mukesh (PW7) but observe that their court depositions on the question of motive and extra judicial confession are untrustworthy, if not dubious. Both Lal Babu Shah (PW6) and Mukesh (PW7) were working in factory No. H-167, Sector 3, Bawana and belonged to the same village as that of the appellant and the deceased. They have deposed that on 3rd May, 2011, both of them returned from duty at about 9.15 PM and found Megh Nath's dead body in a pool of blood. The appellant Munna was not present there. They came down and went back to their factory where they met with one Ashok (PW3). Mukesh (PW7) from his mobile phone with sim card of Megh Nath, made a telephone call to Munna but could not speak due to inadequate balance. Thereupon, appellant Munna called Mukesh (PW7). Munna was informed that Megh Nath had been killed. Within a few minutes, the appellant came to the factory H-193 Sector 3, DSIDC, Bawana and all of them went up to the room. They subsequently came down and appellant Munna asked Raj Kumar Jha to call the police at No. 100. The said Raj Kumar Jha did not depose and appear as a witness. It is claimed that Raj Kumar Jha had a stall outside the factory/residence, where the appellant, deceased, PW6 and PW7 used to live.