SHAMBHU SHAH Vs. STATE AND ORS.

JUDGEMENT

(1.) With the consent of the counsels for the parties, we are taking up the appeal for hearing in terms of our order dated 10th July, 2015.

(2.) By the impugned judgment dated 29th November, 2012, the appellant Shambhu Shah stands convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (in short "IPC') for murder of Bharat Chaudhary at about 03:00 - 04:00 A.M. on 18.04.2009. By the impugned order on sentence dated 5th December, 2012, the appellant has been sentenced to imprisonment for life, to pay a fine of Rs.20,000/- and in default of payment of fine, to undergo simple imprisonment for two months. Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) would apply.

(3.) Learned Amicus Curiae appearing for the appellant does not dispute that the deceased Bharat Chaudhary had suffered homicidal death in the intervening night of 17th/18 th April, 2009. On the said aspect, our attention has been drawn to the Police Control Room (PCR) form (Ex.PW3/A) by which information regarding the murder was intimated at about 08:45 A.M. Pursuant to the said information, SI Randhir Singh (PW14) along with Ct. Harish Kumar (PW-7) had visited plot No.111, Block-B, Rangpuri Extn. Near Shamshan Ghat and had seen the dead body of Bharat Chaudhary lying inside a room. Over there, they had met Kalawati, wife of Bharat Chaudhary who has deposed as PW9. Kalawati (PW9) is the first informant. SI Randhir (PW-14) who had examined the dead body of Bharat Chaudhary and had recorded statement of Kalawati (Ex.PW9/A), made an endorsement (Ex.PW14/A) and had got the FIR in question (Ex.PW5/A) registered through Ct. Harish (PW-7). In his cross-examination, SI Randhir (PW14) had accepted that he had reached the spot at about 09:30 AM on 18th April, 2009 and took 4-5 minutes to record the statement of Kalawati (PW9). Thereafter, he had remained at the spot till 03:00-04:00 P.M. The FIR (Ex.PW5/A) was recorded at about 1305 hours on 18th April, 2009.