RADHEY SHYAM Vs. STATE

JUDGEMENT

(1.) THESE appeals by accused are directed against a judgment convicting them for the offences under Section 302/392/411/34 IPC and Section 25 of the Arms Act rendered in SC No. 181/2009 on 24.05.2013 by the learned Additional Sessions Judge. They also appeal against the sentence of life imprisonment and other prison terms, as well as fine imposed on them by the order dated 6.7.2013.

(2.) THE incident which led to the charge against the appellants (hereafter referred to by their names "Jaipal" and "Radhey Shyam") occurred on 5.9.2005. The First Information Report (FIR) Ex.PW -3/A was registered pursuant to DD No. 27A (Ex.PW -3/D) and intimation received by PS Prashant Vihar at 08:45 PM, through a wireless operator that one Promila (deceased) , a resident of 54, Madhav Kunj had been murdered. The statement recorded by the deceased's son, Puneet Vasudeva (Ex.PW -1/A " also marked as Ex.PW -22/A) , elaborated the circumstances.

(3.) IT is upon the statement of PW -1, the police carried out investigation. The crime team went to the scene of occurrence and inspected it around 09:30 PM on 5.9.2005. Later its report Ex.PW14/A was prepared. Next day, the plastic rope and several other articles were seized; the post mortem report dated 6.9.2005 put down the cause of death as asphyxia as a result of ante -mortem strangulation by ligature which was sufficient to cause death. The accused Jaipal was arrested on 9.7.2005 (through arrest memo Ex.PW -19/A) ; his disclosure statement on 7.9.2005 implicated Radhey Shyam who was arrested on 8.9.2005 - through arrest memo (Ex.PW -19/K) . After seizing the articles and obtaining the report of the Forensic Science Laboratory (FSL) , the accused were charged with the offences that they were ultimately convicted of. They pleaded not guilty and claimed trial.