ASHISH NANDWANA Vs. STATE

JUDGEMENT

(1.) Appellant Ashish Nandwana and co-accused Manoj Nandwana (his cousin) were charged for having entered into a conspiracy and thereafter murdered Shashi in room No.232, Central Guest House Nizamuddin in the morning of March 29, 2008 and thereafter as per the conspiracy they destroyed the evidence pertaining to the commission of the crime with the intention of screening themselves from legal punishment.

(2.) Vide impugned judgment dated December 24, 2011 learned Additional Sessions Judge has convicted Ashish for the offence of murder and for the offence of destroying evidence pertaining to the commission of the crime. Co-accused Manoj has been acquitted of the charge of murder but has been convicted for the offence of destroying evidence pertaining to the commission of the crime. The two have been acquitted of the charge of conspiracy. Manoj has not filed any appeal challenging his conviction and the sentence inflicted upon him probably for the reason by the time was decision was pronounced he had already undergone the sentence to undergo RI for three years and nine months inflicted upon him.

(3.) The learned Trial Court has not clearly spelt out the reason as to why Manoj was being acquitted for the offence punishable under Section 302 IPC, but a careful reading of the decision would reveal that the learned Trial Court believed Shahid Siddique PW-2, the manager of the Guest House that he saw deceased Shashi and Ashish staying together in one room No.232 and the other girl named Savita alias Juli and Manoj stay in the adjoining room No.233, a statement which we find made by Shahid Siddique before the investigating officer, and affirmed by him when he was cross-examined by the learned Additional Public Prosecutor that it was correct that he had told the investigating officer as aforenoted. A reflection thereof is to be found in paragraph 116 of the impugned decision.