KEDAR SINGH KEDARI Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment of conviction dated 30-4-1991 convicting the appellant for offences under Section 302 IPC and Section 27/54/59 of the Arms Act and sentencing him to life imprisonment and a fine of Rs. 500/- in default of payment of fine, rigorous imprisonment for one month under Section 302 IPC; and rigorous imprisonment for six months and fine of Rs. 100/- and in default of fine further rigorous imprisonment for 7 days under Section 27 of the Arms Act. Both the sentences to run concurrently.

(2.) Briefly the prosecution case was that S.I. Om Prakash, Incharge P.P. Uttam Nagar had noticed at about 7.55 A.M. on 22-3-1989 a dead body of a child living in an open field near Pratap Garden and he had given this information at police station Janakapuri where the information was recorded as D.O. No. 8Aat 7.55 a.m. A copy of this D.O. entry was given to Inspector Amarjit Singh, SHO Police Station, Janakpuri and he reached the spot, namely, open field near Uttam Nagar Bhagwati Vihar and found that a dead body of a child was lying near high power electric pole having multiple injuries on his person; two cut marks on his neck, intestines protruding and penis missing and on enquiry he came to know that it was the body of Saleem sb Aash Mohd., r/o No. 36, Mahavir Enclave, Part-III. The child was wearing a full sleeve green colour sweater. No eye witness was available and he sent his rukka of the case at 9.15 A.M. for registration of the case under Section 302 IPC and on the basis of this, FIR 117 of 1989 was registered at police station, Janakpuri Inquest proceedings were conducted and post-mortem was performed on 23-3-1989 at 10.00 AM. The injuries were found to be ante mortem and injuries Nos. 1, 5, 6 and 7 were opined to be sufficient to cause death in the ordinary course of nature. Death was due to shock and haemorrahage resulting from injuries. Time since death was 36 hours. Blood stained earth and clothes of the deceased were seized.

(3.) During investigation, Sehdev Rais PW-3 and one Yasin PW-13 were examined. PW-3 had stated that on the night of 21-3-1989 at about 9.30 P.M. while he was coming after easing from the field, he had seen accused Kedar Singh along with the deceased Saleem going towards the vacant plot. On his enquiry, the accused had told him that he was going for strolling and thereafter, he had seen the dead body at 7.00 A M. next morning after he came to know about the death. Similarly, Yasin PW-13 had stated that on 21-3-1989 he was returning to his house after selling cloth at about 9.00 P.M. when he saw Saleem with accused Kedar Singh going towards fields towards Bindapur after coming from Mahavir Enclave side. He had also gone to and seen the place where the dead body was lying on the next morning when police was present. 4