ANIL KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment dated 29th Sept., 2011 and the order on sentence dated 30th Sept., 2011 passed by learned Additional Sessions Judge 02 (Central), Tis Hazari Courts, Delhi in Session Case No.15/2010 whereby the appellant was convicted in a case arising out of FIR No.155/2008 registered under Sections 302/325 of the Indian Penal Code (IPC) at Police Station Nabi Karim and by the order on sentence dated 30th Sept., 2011, was sentenced to undergo rigorous imprisonment for life with fine of Rs.50,000.00 for the commission of offence punishable under Sec. 302 of the Indian Penal Code (IPC) and in default, to undergo additional imprisonment for a period of one year. The appellant was also sentenced to undergo rigorous imprisonment for five years for commission of offence punishable under Sec. 325 of the Penal Code and fine of Rs.10,000.00 and in default of payment of fine, to undergo additional simple imprisonment for three months. Both the sentences were ordered to run concurrently.

(2.) A thumbnail sketch of the facts of the case is that the complainant/PW 6 Fateh Khan in the complaint to the police had submitted that on 10th Nov., 2008 at about 4.00 a.m. while he was sleeping on the roof of his jhuggi, he heard a noise of quarrel and beating with danda which woke him up. He got down from the roof of the jhuggi and saw that a person named Anil, resident of a nearby jhuggi, was beating Ravi@Pancha with danda. The accused Anil while beating, dragged Ravi inside the Railway fencing. The complainant further stated that Smt.Mooli Devi PW 5, the mother of Ravi, tried to save and rescue him but the accused Anil was adamant and kept on beating him saying that as Ravi had taken his money, he would not let him remain live. As a result of continuous beating by danda, Ravi sustained multiple injuries on his body leading to his death. Thereafter, the accused Anil went to his jhuggi kept the danda inside the jhuggi and came back on the spot. He dragged Ravi out of the Railway fencing and left the spot by saying that he would come back after ten to fifteen days when the matter would be pacified. The complainant, thereafter, found a key ring containing two keys belonging to the accused and the police opened jhuggi of the accused Anil with the help of the said key and recovered a blood stained danda. The blood stained danda and the key ring were seized vide seizure memo Exh.PW 2/D.

(3.) It is the case of the prosecution that on the 10th Nov., 2008, Inspt.H.S. Chauhan, PW 19 was posted at PS Nabi Karim, Delhi and on the same day at about 6.40 a.m., DD Entry 11/AExh.PW 19/A was recorded to the effect that SI Ram Narain had intimated via telephone that near the Railway fencing, TT House, Nabi Karim, the body of a person was lying, which information was passed on to the SHO Nabi Karim. The crime team was also separately intimated. The information was entered into the roznamcha.