DASHRATH Vs. STATE

JUDGEMENT

(1.) Dashrath challenges his conviction, under Section 302 of the Indian Penal Code, 1860 ("IPC" for short), for having murdered Sanju @ Paua, in the intervening night between 19th and 20th February, 2011 by hitting him with a stone on the head under the Metro Bridge at Sikandra Road, New Delhi near ITO. By the order on sentence dated 27th May, 2014, the appellant has been sentenced to imprisonment for life. Noticing that the appellant was a vagabond and with no source of income, no fine or penalty has been imposed. Benefit of Section 428 of Code of Criminal Procedure, 1973 (Cr.P.C., for short) was directed to be given.

(2.) At about 07:30 A.M. on 20th February, 2011, a caller had informed the police control room ("PCR") about a dead body lying underneath the metro bridge near ITO. The said information was recorded as DD no.4-A at Police Station Barakhamba Road vide Ex.PW4/A and marked for verification to ASI Sukhbir Singh (PW18) and Constable Dalbir Singh Rana (PW6). The said witnesses have deposed that on reaching the place of occurrence, they saw a dead body of a male, aged about 20-22 years. Blood was oozing from his nose and ears. Crime team was called and the body was taken to Ram Manohar Lohia Hospital("RML Hospital"). Photographs were taken. Police officers met Preeti (PW7), Naushad @ Sudama (PW9) and Heera (PW1) at the spot and they identified the deceased as Sanju @ Paua. The MLC of Sanju @ Paua marked Ex.PW10/A records the time and date of arrival at RML Hospital as 10:00 A.M. on 20th February, 2011. The deceased had swelling over the right eye and had active bleeding from his nose and mouth. Blood clots were also found in the mouth and an incised - wound was noticed above the left tragus and ear lobe.

(3.) Police officers, namely, ASI Sukhbir Singh (PW18), Inspector V. K. Sharma (PW21) and public witnesses, namely, Heera (PW1), Preeti (PW7) and Naushad @ Sudama (PW9) have deposed about the presence of a heavy stone next to the dead body. Looking at the crime scene, the said witnesses have deposed that the death was caused by hitting the said stone on the head of the deceased. Pertinently, the Mobile Crime team report marked Ex.PW14/A records that the weapon of offence suspected to have been used in the crime was a blunt object. Photographs at the spot were taken by HC Rajpal (PW16). The said photographs, seven in number, marked Ex.PW1/9 to Ex.PW1/15, (negatives marked Ex.PW16/1 collectively) show that the deceased was wearing socks and blood had been oozing from his nose and mouth. A pool of blood had collected on the ground. A heavy stone can be seen next to the dead body of the deceased. Heera (PW1) testified that the said stone weighed about 25-35 kgs. Preeti (PW7) has not deposed about the weight of the stone. Naushad @ Sudama (PW9) affirms that the stone was big in size and could weigh around 10 kgs. Inspector V. K. Sharma (PW21) has deposed about the weight of the stone as not more than 20-25 kgs. We have referred to the weight of the stone as it is of some relevance, when we examine and decide upon the question about the manner in which the injury was caused.