(1.) CHALLENGE in the present appeal is to the judgment dated 16.7.2009 and the order on sentence dated 31.7.2009 passed by learned Additional Sessions Judge by which the appellant has been sentenced to imprisonment for life with fine of Rs.3,000/ -, and in default of fine, simple imprisonment for another period of three months for the offence under Section 302 IPC.
(2.) THE appellant was married to one Ms.Madhu; out of the wedlock four children were born.
(3.) IT is the case of the prosecution that the search for the appellant was started, the police was informed by the brother of the deceased, Prakash that accused Suresh was sitting near mazaar Jailerwalan Bagh, Delhi, consequently the accused was apprehended at the instance of Prakash; and his disclosure statement was recorded. The accused informed that he had hidden his blood stained clothes under the Charpai at the roof of his Jhuggi, the clothes were recovered at his instance and seized by the police. The accused was also got medically examined. Postmortem of the body of the deceased was conducted on 28.8.2006. The weapon of offence i.e. stone was also produced before the doctor; the exhibits were sent to the FSL.
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