RAJEEV OHLAN Vs. STATE(NCT OF DELHI)

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 12.08.2014 and order on sentence dated 25.08.2014 passed by learned Additional Sessions Judge, in case FIR No.814/2000 registered at Police Station Punjabi Bagh, whereby the appellant has been convicted for the offences punishable under Sections 302/201 of the Indian Penal Code and directed him to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code with a fine of Rs.40,000/ - and in default of payment of fine to undergo Simple Imprisonment for one year. The appellant was further sentenced to undergo Rigorous Imprisonment of three years for the offence punishable under Section 201 of the Indian Penal Code with a fine of Rs.10,000/ - and in default of payment of fine to undergo Simple Imprisonment for two months.

(2.) Mr. Mittal, learned Senior Counsel for the appellant submits that the impugned judgment and order on sentence are against the facts and law, is based on surmises and conjectures and, thus liable to be set aside. Mr. Mittal, learned Senior Counsel submits that being a case of circumstantial circumstance, the Trial Court has taken into account the factors of last seen, recoveries, and pointing out of the place where the deceased was murdered, the Trial Court has also relied upon the scientific evidence to prove the guilt of the appellant, whereas the witnesses have failed to support the case of the prosecutrion.

(3.) The second ground urged by the learned Senior Counsel is that evidence of PWs -5 and 11 who claimed to be witneses of last seen is not beyond suspicion for the reason that in case both PWs -5 and 11 had seen the deceased last in the company of the appellant on the fateful day which was 06.09.2000, they would not have waited till 12.09.2000 to bring this important fact to the notice of the SHO concerned.