CHUNBUDA Vs. STATE

JUDGEMENT

(1.) CRL .M.B.No.10207/2014 (suspension of sentence) Since we are hearing the appeal, instant application seeking suspension of sentence is dismissed as infructuous.

(2.) LEARNED counsel for Chunbuda assails the judgment on the ground that there is no evidence that Chunbuda committed murder of his brother. There is no eye witness to the incident nor has any witness seen Chunbuda with the deceased soon before his death. Merely on the basis of an assumed motive the appellant cannot be convicted and sentenced as above. The explanation of Chunbuda in his statement recorded under Section 313 Cr.P.C is that he is innocent, has been falsely implicated in this case and nothing was recovered at his instance.

(3.) PROCESS of law was set into motion on receipt of complaint at Control Room PCR by W/Constable Nivedita PW -6 on July 24, 2011 at about 8.54 AM from Pappu Singh phone No.7838948330 c/o Phool Singh, House No.RC -119, Rajasthani Colony, West Patel Nagar, Delhi -5 that on the roof of the House No.A -13, Bawana, Sector -1, Delhi one dead body of one boy aged 32 -33 years was lying. She exhibited the copy of the PCR form as Ex.PW -6/A. This information Ex.PW -10/A was recorded vide DD No.10/A at PS Bawana.