BIJENDER SINGH Vs. STATE

JUDGEMENT

(1.) Convicted for murdering Babloo vide the impugned judgement dated November 01, 2000 and directed to undergo imprisonment for life vide the impugned order on sentence of even date, Bijender Singh has filed the present appeal claiming that there was no incriminating evidence against him for conviction and that on the same evidence the co -accused Veer Pratap @ Kalu and Satender Singh have been acquitted however, he has been convicted with the aid of Sec. 34 IPC though no other co -accused had been convicted.

(2.) On January 18, 1998 at 8.20 AM an information was received regarding a dead body lying near Pahari, C -Block, House No. 12, Sangam Vihar which was recorded vide DD No. 4 and exhibited as Ex.PW -15/A. SI Suraj Mal, PW -18 went to the spot along with HC Nanka Ram, Constable Dev Karan and Constable Prem Raj where they found a dead body lying in a pit near a vacant plot. Besides others, Attar Singh father of the deceased Babloo was also present. Injury marks were found on the face, neck and head of the deceased. A blood stained handkerchief was also found near the body. Statement of Attar Singh Ex.PW18/A was also recorded and sent for registration of FIR.

(3.) Attar Singh stated that he had three sons and three daughters of which Arun Kumar, who was also called as Babloo, was the eldest, doing a private job. Babloo was friendly with one Bijender who used to come often to their house. In their neighbourhood, a girl namely Meenu was residing who thereafter shifted to Tuglakabad. Of late there was acrimony between Bijender and his son Babloo because of Meenu. On January 16, 1998 Bijender at around 8.00 PM came to their house in his Maruti Car No. DL 2 CJ 5613 and asked about his son Babloo. On being informed by Attar Singh that Babloo was not at home, Bijender left in his Maruti car. Next day on January 17, 1998 Bijender at around 8.00 AM again came in his Maruti car No. DL 2 CJ 5613 and met his son Babloo. Bijender stated to him that they would come soon and took away his son Babloo in his Maruti Car whereafter his son did not come back. On the morning of January 18, 1998 at around 7.15 AM while he was present in his house, a neighbour namely Bhopal Singh informed that his son Babloo was lying dead in a pit in the gali. On this he along with his wife reached the spot where they found his son Babloo dead, who had injury marks on his head and face. From the spot one broken teeth, four stones, blood stained earth control and one blood stained handkerchief were recovered. The same day at about 5.00 PM on an information received, SI Vimal Kishore, PW -19 along with Constable Ved Ram, PW -12 and Constable Mukesh arrested Bijender. Maruti Car No. DL 2 CJ 5613 was seized parked outside the house of Bijender wherein blood stains were found at various places. Bijender got recovered his blood stained clothes. Pursuant to the disclosure of Bijender, he led the police party to R.D. Marg, near Hamdard University in between Gate Nos. 5 and 6 and pointed out towards blood stained brick (cemented stone) which was seized and exhibited as Ex.PW -11/C. The car was sent for FSL examination whereafter blood was lifted from the front door, back seat, back side glass and dickey of the car.