SANJEET KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Sanjeet Kumar by the impugned judgment dated 27.11.2012, arising from the charge -sheet filed in FIR No. 170/11 recorded at Police Station Shalimar Bagh, stands convicted under Sec. 302 of the Indian Penal Code, 1860 ("IPC") for murder of Suresh @ Nati in the intervening night between 16 and 17 May, 2011. The appellant Sanjeet Kumar by the order of sentence dated 27.11.2012, has been sentenced to undergo Rigorous Imprisonment for life, fine of Rs. 10,000/ - and in default of payment of fine to undergo Simple Imprisonment for one month. The appellant Sanjeet Kumar has also been convicted under Sec. 201 IPC and has been sentenced to Rigorous Imprisonment for two years, fine of Rs. 2,000/ - and in default of payment of fine to undergo Simple Imprisonment for a period of fifteen days. The judgment records that benefit of Sec. 428 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") for the period of imprisonment already undergone would be accorded to the appellant as per the rules.

(2.) There is ample and incontrovertible evidence and material to show that the deceased Suresh @ Nati was found dead in the early morning hours at about 5:45 AM on 17.05.2011 in the street in front of Jhuggi No. 86, BG -1 Block, East Shalimar Bagh, Delhi. The said factum is established from the oral testimonies of Asha Ram (PW -11), friend of the deceased, Chameli Devi (PW -14), mother of the deceased Suresh @ Nati and the first informant Santosh Kumar (PW -24) brother of the deceased Suresh @ Nati. Dr. V K Jha (PW -25), proved the post -mortem report (Ex. PW -25/A) of the deceased Suresh @ Nati, and has opined that the deceased had pressure abrasion mark of 3 cm X 2 cm on the right side of his neck, multiple scratch abrasions over the right and left side of the neck, lacerated wound of 3 cm X.5 cm to 2 cm X.5 cm X muscle deep on proximal phalanges of the middle finger, ring finger and index finger of the right hand. The deceased also had a lacerated wound on the tip of his nose of 4 cm X 1 cm X muscle deep. On internal examination, bruising of neck tissues on the right and left side and haematoma over the right cornu of hyoid bone, was seen. There was a fracture deformity of mid sternum. The cause of death, was manual strangulation inflicted by a third party and the injuries were ante -mortem in nature and death had taken place 12 hours prior to the post -mortem. Thus, we could take the time of death as about 1 AM on 17.05.2011.

(3.) The core issue which arises for consideration is whether the prosecution evidence shows and establishes beyond reasonable doubt that the appellant, Sanjeet Kumar was the perpetrator and the person responsible for causing the injuries. There is no direct evidence as it is not the prosecution case that the occurrence was seen and witnessed by anyone. No such witness has deposed. The prosecution relies upon circumstantial evidence and for convenience and clarity paragraph 127 of the impugned judgment notes and records in brief the facts found. The said paragraph is reproduced below: