CHET RAM Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal 505 of 2002 seeks to challenge the judgment dated 08.05.2002 of the Additional Sessions Judge in Sessions Case No.187/1997, F.I.R.No.153/96, registered at Police Station Ambedkar Nagar under Section 302/120B/201 IPC, whereby the learned Judge convicted accused Chet Ram under Section 302/201 IPC. The other accused persons, namely, Bacha Ram and Ragho Ram were acquitted of all charges levelled against them. Vide separate order dated 15.05.2002, the learned Judge sentenced the convict, Chet Ram to undergo imprisonment for life with a fine of Rs.10,000/- (rupees ten thousand) under Section 302 IPC and in default of payment of fine to further undergo simple imprisonment for one year. The convict was also sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.5,000/- (rupees five thousand) under Section 201 IPC and in default of payment of fine to further undergo simple imprisonment for six months. Both the sentences were directed to run concurrently. The benefit of Section 428 Cr.P.C. was also given to the convict.

(2.) Brief facts of the case as noted by the Additional Sessions Judge are as follows:-

(3.) The Prosecution in order to establish its case examined 12 witnesses. PW-1, Shri Tej Parkash Gorh, is a witness to the recovery of the remains of the dead body and other articles in the case. PW-2, Smt.Beeta is the wife of the deceased Nanku. She identifies the remains to be those of Nanku on the basis of kada, ring and tobacco box. PW-3, is Constable Raj Kumar who apprehended Chet Ram and Rishi Muni while patrolling the area along with S.I.Surender and Head Constable Balraj and he is also witness to the recovery of the skeleton remains found from premises A-223, Sainik Farm and further got the F.I.R. registered by taking a rukka to Police Station, Ambedkar Nagar.