RAJNISH AND ORS. Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THESE are two appeals filed by the two co -convicts Rajnish and Hans Raj. Vide the impugned judgment and order of sentence dated 12.4.2012 and 24.4.2012 both the convicts stood convicted under Sections 304 Part -I and 201 of the IPC. Each of them had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 5000/ -, in default, to undergo SI for a period of 1 month for the offence under Section 304 Part I of the IPC. For their second conviction they had been sentenced to undergo RI for 2 years and to pay a fine of Rs. 1000/ -, in default, to undergo SI for 15 days. Both the sentences were to run concurrently. Apart from the aforenoted two convicts there was a third person namely Shobha Devi (wife of Rajnish) who was also convicted under Section 201 of the IPC. This Court has been informed that she has undergone the sentence which had been imposed upon her and she has since been released.

(2.) THE version of the prosecution is that on 17.5.2010 at about 5.38 AM an information was received from the PCR that a dead body was lying at Lal Bagh, Kaushal Puri, Delhi pursuant to which DD No. 8A was recorded. Constable Naveen (PW -9) reached the spot. The dead body was lying wrapped in a "gathri" which was of a boy aged 16 -17 years. Blood clots were found near the mouth. Injuries and strangulation marks were found near the neck. Inspector Brij Pal (PW -21) had also reached the spot. The dead body was identified by Pintoo Yadav (PW -13), the brother of the deceased, as that of his deceased brother. The two other brothers of the deceased namely Sushil Yadav (PW -12) and Chhotey Yadav (PW16) also reached the spot. Their statements were recorded. As per the version of the three brothers their deceased brother was last seen in the company of Rajnish and Hans Raj. In the course of investigation, statement of Sudama (PW -14) was also recorded. His version was that he had seen the appellants i.e. Rajnish and Hans Raj on the previous night i.e. on the intervening night of 16 -17.5.2010 at 1.30 - 2.00AM carrying a 'gathri'. Efforts to trace the accused did not materialize. They were apprehended on 21.5.2010 from Anand Vihar Bus Stand vide arrest memo Ex. PW -16/A and Ex. 16/B respectively. Their disclosure statements were recorded vide memo Ex. PW -16/E and Ex. PW -16/F respectively. The name of the third co -accused Shobha Devi surfaced in their disclosure statement. She was also apprehended and arrested vide memo Ex. PW -17/B. Pursuant to the disclosure statement of Rajnish, he had got recovered the articles of the deceased including the purse of the deceased which was taken into possession vide memo Ex. PW -19/A. Pursuant to the disclosure statement of Shobha Devi she had got recovered a salwar which was alleged to be the weapon of offence i.e. the cloth by virtue of which the deceased had been strangulated. This was taken into possession vide memo Ex. PW -17/F. Crime team had been called to the spot and photographs of the spot and dead body were taken by PW -11 (Inder Pal); the photographs were proved as Ex. PW -11/X. Constable Parvinder Singh (PW -3) had also taken the photographs of the dead body. This was under the directions of SI Matadin Meena (PW -1). Constable Subhash (PW -8) was also a part of the crime team. SI Manohar Lal (PW -2) had prepared the scaled site plan Ex. PW -2/A. The medical evidence included the report of the post mortem doctor Dr. Kul Bhushan Goel (PW -7) of the BJRM Hospital. The cause of death was asphyxia consequent to a ligature strangulation. Four injuries were noted. All injuries noted were reported to be ante -mortem in nature. The time of death was recorded as 1.00 AM on the intervening night of 16 -17.5.2010. Four injuries were noted. The scientific evidence was proved through Ms. Poonam Sharma, the Senior Scientific Officer (PW -10) vide her reports Ex. PW -10/A and Ex. PW -10/B.

(3.) NO evidence was led in defence.