ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) Arun Kumar @ Bihari challenges his conviction vide judgment dated 5.9.2014 passed by the Additional Sessions Judge (Special Judge), NDPS-West Delhi in Sessions Case No.48/2010 (reference FIR No.21/2010, P.S.Anand Parbat) under Section 302/34 and 201/34 of the Indian Penal Code ('IPC' for short) for committing the murder of one Bunty and throwing his dead body in the tank with the help of his associates. The appellant by order on sentence dated 28.10.2014 has been directed to suffer Rigorous Imprisonment for life, pay a fine of Rs.20,000/- and in default of payment of fine, undergo Simple Imprisonment for two months for the offence under Section 302/34 of the IPC. The appellant has been sentenced to Rigorous Imprisonment for three years, a fine of Rs.10,000/- and in default of payment of fine, Simple Imprisonment for one month for the offence under Section 201/34 of the IPC; the sentences however, have been ordered to run concurrently.

(2.) There is no eye witness to the occurrence and the prosecution case hinges on certain circumstances namely the discovery of the dead body of Bunty in the dried up water tank of the Jal Board, arrest and disclosure of two of the associates of the appellant (both of whom were Juveniles in conflict with law, 'JCL' for short) on the basis of which the appellant was arrested, subsequent disclosure of the appellant, leading to the recovery of blood stained danda, handkerchief, blood stained twigs and blood stained stones from near and around the place of occurrence. The recoveries as per the prosecution case were effected by the appellant and the two associates (JCLs).

(3.) Kallu Ram (PW.15) had lodged a missing report on 29.3.2010 vide DD No.63B (Ex.PW.3/A) intimating to the police that his son Bunty (deceased) was missing since 25.3.2010. In the aforesaid report no suspicion was raised against anybody.