BHARAT Vs. STATE

JUDGEMENT

(1.) The appellant assails the judgment dated 25.08.2015 whereby he has been found guilty for commission of an offence under Section 302 IPC in the case arising out of FIR No.388/2012 registered at Police Station New Ashok Nagar as well as the order of sentencing dated 15.09.2015 whereby he was sentenced to life imprisonment and a fine of 25,000/ -.

(2.) The case of the prosecution before the trial court related to an incident which occurred on 05.12.2012 in which the deceased Vinod Kumar was alleged to have been stabbed by the appellant Bharat, who was his co - brother -in -law, that is to say, that late Sh. Vinod Kumar and the appellant were married to two sisters.

(3.) The prosecution relied on circumstantial evidence to establish its case. The trial court held that the prosecution has established motive for the crime on the part of the appellant; and considered the dying declaration made by the deceased to his son, Praveen Kumar (PW -2) while he was placed inside the police PCR van (ROM -72, East Zone) after the occurrence and overheard by ASI Satyawan Singh (PW -5) which also forms part of the Rukka. The prosecution also placed reliance on an extra judicial confession made by the appellant to his friend Baljeet @ Ballan (PW -6) on 06.12.2012 which the prosecution also proved during the trial. After his arrest on 09.12.2012, the appellant made a disclosure statement (Ex. PW6/C) to the police. The prosecution led evidence that pursuant thereto, on 09.12.2012, the appellant led the police to the recovery of the blood stained jersey (Ex. P2) about 100 metres from the scene of occurrence as well as blood stained knife (Ex. P3) from the appellant's tenanted premises in Dallupura. To connect the recovery to the offence, the prosecution led evidence of the scientific examination by way of forensic reports (Ex. PA & PB) which had reported the existence of human blood on both the recovered articles.