CHETRAM SAINI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present appeal has been filed under Sec. 374(2) of the Criminal Procedure Code, 1973 is against the judgment and order on sentence dated 19.03.2015 and 27.03.2015 respectively. The appellant stands convicted under Ss. 302/201/381 of Indian Penal Code. The appellant was sentenced to undergo rigours imprisonment for life under Sec. 302 IPC and to undergo rigorous imprisonment for a period of four years along with fine of Rs. 20,000/ -, and in default of payment of fine six months simple imprisonment under Sec. 381 IPC and further sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs. 5,000/ -, in default to undergo simple imprisonment for six months. All the sentences were to run concurrently.

(2.) The case of the prosecution as noticed by the Trial Court is as under:

(3.) The police was able to crack the case in the beginning of August, 2009 with the arrest of the present accused, who turned out to be the husband of Manju i.e., Chetram Saini qua whom initially it was the belief that it was he who was killed. This added a twist to the case and a new responsibility came over to be shouldered with by the police as to whose dead body it was if it was not that of Chetram Saini. The investigations finally came to the conclusion that it was Chetram Saini who had lured one rickshaw puller namely Shivram and committed the burglary in the house after committing the murder of Shivram. Clothes of Shivram were removed by Chetram Saini, who put on his clothes on the body of Shivram in order to conceal the true identity and to portray that it was he, that is Chetram, who had been killed. To achieve this, he had burnt the face and upper portion of the body, but seemingly left the left portion untouched, deliberately and consciously, in order to mislead the police and to make the people believe that it was Chetram Saini who has been killed.