RAJU Vs. STATE (GOVT. OF NCT) DELHI

JUDGEMENT

(1.) This common order shall decide the above-noted criminal appeals preferred under Sec. 415 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 instituted by both the Appellants/convicted persons thereby challenging the judgement dtd. 26/9/2023 passed by the learned Additional Sessions Judge-02, Shahdara District, Karkardooma Courts, Delhi, whereby the Appellants have been found guilty for committing offence under Sec. 302 read with Sec. 34 of the IPC 'Indian Penal Code' and consequentially assailing the order on sentence dtd. 10/5/2024 whereby both have been awarded life imprisonment besides a fine of ?10,000/- each for the offence punishable under Sec. 302 read with the Sec. 34 of the IPC. In default of payment of fine, the Appellants have been directed to undergo simple imprisonment for a period of six months each. Both the appeals raise somewhat common questions of law and facts and can be disposed of together. BACKGROUND

(2.) In a nutshell, the prosecution case brought out during the trial is that on 27/8/2013, DD No.3A at 12.35 am was lodged at P. S. Vivek Vihar exhibit PW-6/C to the effect that a dead body of a male had been found lying on the bench in Kasturba Gandhi Park. The investigation was entrusted to PW-7 SI Manish, who along with Ct. Devi Ram reached the place of occurrence where they met PW-16 HC Arun and Ct. Yash Pal and found that the dead body of a male person was lying in a pool of blood on the bench having cut marks on his neck with injuries near his ears as well as his head as reflected in the sketch site plan Ex. PW-15/A.

(3.) On searching the clothes on the body, a wallet/purse Ex. PW-10 was taken out from the pocket of the deceased containing his driving license and from the photograph, the name of the deceased was identified as Manoj Dixit s/o Swam Dixit. SHO along with PW-29 IO/Inspector Sanjay Sinha reached the spot and called the Crime Team and 21 photographs of the dead body as well as the place of occurrence were taken which photographs are marked Ex.PW8/A1-A21 along with the negatives which are Ex.PW8/B1-B21 and the report by the mobile crime team is Ex.PW10/A.