RAJEEV KUMAR Vs. STATE

JUDGEMENT

(1.) RAJEEV Kumar challenges the judgment dated November 27, 2012 convicting him for offence punishable under Section 302 IPC and the order on sentence dated December 03, 2012 directing him to undergo imprisonment for life and a fine of Rs. 10,000/ - and in default of payment of fine to further undergo Simple Imprisonment for a period of two years.

(2.) RAJEEV assails the judgement on the ground that his conviction for Ravi, which is based on circumstantial evidence, is contrary to the principles of law laid down for basing a conviction on circumstantial evidence. The last seen evidence of Suresh Kumar PW -1 was a day prior to the day of alleged incident and thus cannot be termed as last seen evidence. The finger prints used by the learned Trial Court have been held to be admissible contrary to the law laid down by the Supreme Court and of this Court. Further, since Rajeev was the care taker of the property his finger prints would have naturally been found in the house. No motive has been attributed to Rajeev Kumar for causing murder of Ravi. Nitesh Sharma PW -2 in his examination though stated that the deceased was residing with Rajeev Kumar however, in cross -examination admitted that he had no personal knowledge about this fact and that he had never seen the deceased residing with Rajeev Kumar. Even PW -3 in cross -examination stated that he did not know Rajeev Kumar. The alleged recovery of the dead body does not show any link of the appellant with the deceased. The so called extra judicial confession cannot be relied upon. The defence of Rajeev Kumar has not been taken into consideration by the learned Trial Court. Hence the appeal be allowed.

(3.) THE case of the prosecution is that on September 29, 2010 Sanjay PW -14 came to the Police Station, North Rohini along with Rajeev and got recorded his statement vide DD No.20A at 6.05 PM that Rajeev Kumar came to him at Tuglakabad and informed that he had murdered his friend Ravi by slitting his neck at house No.D -14/188 -189, Sector -7, Rohini and the dead body was lying in a room in the said house. On the basis of this information police officers along with Sanjay and Rajeev went to the spot where they found the dead body of Ravi. Thus a rukka was sent for registration of FIR on the statement of Sanjay who stated that he was working as Supervisor in Sterling Security Service. His co -brother Sudhir had bought House No.D -14/188 -189, Sector -7, Rohini, Delhi for which he needed a security guard. Thus around two months ago he had kept a boy namely Rajeev Kumar s/o Tirpit Narayan Singh, r/o Village -Burma, PO - Kethma, PS and District -Shekhpura, Bihar on the job of security guard. On that day around 4.00 PM Rajeev Kumar came to meet him at the office of Sterling Security Service, Tuglakabad and informed him that he had committed a mistake. He stated that he had murdered his friend Ravi by slitting his neck in the house of Sudhir ji situated at Rohini and now he is repenting. He was feeling the burden and asked him as to what he should do. On this Sanjay made him understand that he has committed a mistake and that now he could not do anything and he should surrender to the police. Rajeev accompanied Sanjay to the Police Station. After this, along with the police officials Sanjay and Rajeev Kumar went to the House No.D -14/188 - 189, Sector -7, Rohini, Delhi where the shutter at the ground floor was locked. Rajeev Kumar took out a key from his pocket and opened the shutter. He went to the first floor and took them to inside room. There they found a dead body lying on the floor which Rajeev Kumar identified to be the dead body of his friend Ravi whom he had murdered at around 3.00 -4.00 AM in the morning by slitting the neck with a knife and thereafter he left after closing the shutter at the ground floor.