DHARAM RAJ ALIAS MONU Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal filed by the appellant challenging the judgment and order dated 02.09.2003 passed by the learned Additional Sessions Judge convicting the appellant under Section 302, 379, 201 IPC with life imprisonment and fine of Rs.2000/- failing which further RI for two months for offence under Section 302 IPC. The appellant was directed to undergo sentence of RI for two years under Section 379 IPC. The appellant was further directed to undergo a sentence of RI for two years and and fine of Rs. 1000/- in default and further RI for one month for the offence under Section 201 IPC.

(2.) It is the case of the prosecution that the father of the deceased Sahil @ Munna lodged a report that his son aged about 20 years went missing on 27.3.2000. It was stated that he had gone to a house situated in Kodi Colony, Kasturba Village for sleeping. On the day of the report he tried to find out his son there but not finding him, he lodged a missing report vide DD No. 8A at P.S. Nand Nagri. He further stated that at about 8.00 p.m. someone called his neighbour Shambu, who was having telephone no. 2128987 at his house that the son of the complainant was in Nepal and was admitted in a hospital. The caller did not furnish the name of the hospital nor his address. The caller after sometime asked him to reach Kathmandu. The complainant suspected that his son had been concealed by some person and subsequently a case for an offence under Section 365 IPC was registered.

(3.) During investigation on 29.3.2000 Inspector Bharat Singh received secret information that the accused in the present case was available in his jhuggi. The said Inspector, SI Davinder Singh, Ct. Amar Pal and Ct. Vir Singh went to the jhuggi of the accused in Kodi Colony. The accused was arrested and was taken to the police station where he was interrogated. There he made the disclosure that he knew Munna for the last 4-5 years who was dealing in Committee and stated that he had subscribed one committee of the deceased for which he had to pay Rs.500/- p.m. as instalment. The accused could not pay the said instalments for 4-5 months and Munna had started making demands and harrassing the accused telling him that he should not have joined the Committee if he did not have the capacity. On 27.3.2000 at 7.45 p.m., Munna had demanded money and the accused told him to come at about 11.00- 11.30 p.m. " When Munna reached his jhuggi at the appointed time, the accused hit on his head with a hammer, which was lying there, till he lost life. Thereafter, he removed the finger ring, watch and chain of the deceased and put the dead body of the deceased, blood stained clothes, blood- stoned gudri, 4-5 plastic bags, chappals of the deceased, his own blood stained shirt in the ditch already dug for the latrine in his jhuggi. He filled the said ditch by mud taken out in the process of digging. He used one favra, one tasla and one subble for filling the ditch. He also put the blood stained phatti in the ditch and brought the ditch at the floor level. In the morning at about 5.30 a.m. when he came out of his jhuggi, his neighbour Suleman asked him the cause of his being covered with mud and he told him that he had fallen in the ditch. Thereafter he concealed the watch, ring and chain below his bed in his house. On 28.3.2000 he called Shambhu, neighbour of the deceased, from a booth in Dilshad Garden informing him that the deceased had met with an accident and was admitted in a hospital in Nepal. After his arrest the watch, ring and chain were recovered from below his bed and he also gave the details of the place of occurrence. Permission to dig the earth was sought from the SDM and the same was got dug which led to the recovery of four plastic bags, one pair of chappal, one blood-stained gudri, one blood-stained wooden phatti, one blood-stained shirt tied around the neck of the deceased along with the dead body. The hammer used in the commission of the offence, one favra, an iron tasla and an iron sabbal were also recovered from his jhuggi. Post mortem was conducted on the body and the cause of the death was opined to be due to shock as a result of anti mortem injuries produced as a result of blunt force impact. The doctor also opined that the injuries no. 1,2 and 3 were possible with the hammer recovered from the accused. The scene was got photographed and the clothes of the deceased and other exhibits were sent to FSL. Reports were collected, the statements of the witnessess were recorded and after completion of the investigation the challan was filed. A prima- facie case for offence u/s 302/379/201 IPC was found, the charge was framed and the accused pleaded not guilty.