VED PRAKASH Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against the order of conviction and order on sentence dated 09.05.2012 passed by the Additional Sessions Judge in Sessions Case No. 55/08, by virtue of which the appellant has been convicted and sentenced to undergo imprisonment for life and to pay Rs.20,000/ - as fine and in default of payment of fine to further undergo rigorous imprisonment for four months for the offence punishable under Section 302 of the Indian Penal Code.

(2.) In brief, the case of the prosecution is that on 31.05.2008 W/ASI Shakun received information that a lady was lying in unconscious condition at house no. 448, Type -A, Ahata Kidara, Sadar Bazar, Delhi and she communicated this information to SI Rajbir telephoically, while recording DD No. 13A. The above information pertained to Smt. Amarjeet Kaur, who was residing at house No. 448, the government accommodation alloted to her. ASI Rajbir along with Ct. Sunil reached the spot. Thereafter Inspector Dara Singh and other police officials also reached the spot vide DD No. 14A. Accused was also found present on the spot and he informed the police that he had come to see Amarjeet Kaur and found her lying on the ground and he had made her lie on the sofa and thereafter switched on the fan. Persons from the neighbourhood informed the police that the appellant used to visit the house of Amarjeet Kaur. Amarjeet Kaur had ligature marks on her neck/throat. Inspector Dara Singh conducted the preliminary inquiries and then prepared a rukka, dead body of Amarjeet Kaur was shifted to the mortuary at Subzi Mandi. Statements of witnesses were recorded. On 31.05.2008, the appellant was got medically examined and on completion of the investigation, challan was filed in court. Prima facie case having been made out, charge for an offence under Section 302 of Indian Penal Code was framed against the appellant to which he pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution examined 36 witnesses. Statement of appellant was recorded under Section 313 of the Code of Criminal Procedure wherein the appellant denied all the incriminating circumstances appearing in evidence against him and claimed to be falsely implicated. One witness was examined in defence.