BHIM SINGH Vs. STATE

JUDGEMENT

(1.) Bhim Singh has challenged his conviction under Section 302 and 201 of the Indian Penal Code, 1860 (IPC, for short) in Sessions Case No. 34/2009 arising out of FIR No.122/2009, registered at Police Station Sarai Rohilla.

(2.) The prosecution version, accepted by the trial court, is that the appellant Bhim Singh committed murder of Sharda, wife of Kanahiya Lal, in the night intervening 9th and 10th of May, 2009 in a house located opposite electric pole No.EP-153, E-Block, Qutub Vihar, Goyala Dairy, Delhi. Thereafter, the dead body was taken to the roof top of the said house and thrown in the adjacent property belonging to Chandu Lal (PW-2). There, the deceased was beheaded inside a room. The severed head along with the saree, blouse, petticoat, blood stained towel, silver/gillet pajeb, rexine purse and other belongings of the deceased including the knife were kept in a plastic bag/katta and thrown in the Ganda Nala, Kakrola near the police booth.

(3.) The prosecution case primarily relies upon the disclosure statement (Ex.PW-12/A) of the appellant and the subsequent recovery of the dead body, i.e. the torso and the severed head, clothes and other belongings of the deceased Sharda, under Section 27 of the Evidence Act, 1872. The prosecution also relies upon the testimony of Kanahiya Lal (PW-1), husband of the deceased Sharda, to the effect that the deceased was missing since 9th May, 1999 and he had suspected involvement of Bhim Singh, the appellant herein.