RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) Both appellants stood trial in sessions case No.125/14 on the basis of report under Section 173 of the code of Criminal Procedure, 1973 ("Cr.P.C.") submitted on conclusion of the investigation into FIR 358/14 of Police Station Darya Ganj on the charge that on 18.07.2014 at about 08.15 PM at a place near divider of the public way known as Asaf Ali Road in front of Old Delhi Stock Exchange, Darya Ganj, they, in furtherance of their common intention with an accomplice named Chhutva (absconding), committed murder of a young male, aged about 20 years, whose identity could not be established, by intentionally causing a cut incised wound on his neck. By judgment dated 17.07.2015, they were held guilty, as charged, and convicted. By order dated 30.07.2015, the learned trial court awarded imprisonment for life with fine of Rs. 5,000/- and directed that in case of default in the payment of fine the appellants would undergo simple imprisonment for six months, also granting benefit of set off for the period of detention already undergone in terms of Section 428 Cr.P.C.

(2.) Feeling aggrieved both the appellants have come up to this Court assailing the view taken by the trial court in the impugned judgment.

(3.) As indicated above, the identity of the deceased could not be established during the investigation. There is only some reference coming in the evidence of Anand Kumar (PW-4), the first informant of the case that he (the victim) was a rag-picker seen earlier around the place of occurrence. The appellants are also described similarly as rag-pickers, which is again the description of their alleged accomplices, who could not be identified or located.