STATE Vs. LALIT KUMAR

JUDGEMENT

(1.) The State seeks leave to appeal against the order dated April 30, 2014 passed by the learned Additional Sessions Judge acquitting the respondent of the charge for offence punishable under Sections 302/201 IPC.

(2.) The prosecution case in nutshell is that on August 14, 2010 at 11.59 PM an information was received from PCR at PS Narela that a dead body of a woman was lying at the Pump House near DDA flats which was recorded by DD No.84/B. SI Devender Singh on reaching the spot noticed the dead body of a woman of 26-27 years. She had injury mark on her left parietal region and blood stained sky blue plastic katta was lying near the body. Blood was scattered all over the ground and was flowing due to rain. Crime team inspected the spot, took the photographs and on the basis of the observations rukka was sent for registration of FIR. Identity of the deceased could not be established at that time.

(3.) On August 20, 2010 Geeta Devi and Sagar Kapoor came to the Police Station to lodge a missing report of Arti, Geeta Devi being the mother of Arti and Sagar her brother-in-law. When they saw hue and cry notice on the notice board of the Police Station, they identified the body to be that of Arti. As per the post-mortem report the cause of death was cranio cerebral damage as a result of fire arm injury. The investigation further revealed that the respondent and the deceased had illicit relations and on August 08, 2010 the deceased had gone to Tilak Nagar to the house of Pooja, wife of Sagar Kapoor. Respondent brought the deceased from there on his bike at 6.00- 7.00 PM. On the way there were heated arguments and after reaching his house at Village Alipur respondent killed Arti by firing a shot on her and dumped the body near the pump house. Thereafter the respondent went to the PCO of Bharat Singh in Jahangir Puri on August 15, 2008 at 12.00 noon and informed that the dead body of a woman was lying near the pump house. It was also revealed during the investigation that the respondent made extra judicial confession. He was arrested and his blood stained clothes were recovered from his house which he was wearing at the time of offence. On the basis of these allegations charge sheet was filed and charge under Sections 302/201 IPC was framed against the respondent.