DANISH Vs. STATE (GOVT OF NCT) DELHI

JUDGEMENT

(1.) - Present appeal has been filed under section 374 (2) of the Code of Criminal Procedure, 1973 against the impugned judgment and order on sentence dated 17.01.2015 by which the appellant has been held guilty and convicted for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC'). By virtue of the order on sentence, the appellant was sentenced to rigorous imprisonment for life and a fine of Rs. 10,000/-; in default of payment of fine, the appellant was directed to further undergo simple imprisonment for four months.

(2.) The case of the prosecution, in short, is that on 03.07.2011 vide DD No.23-A, an information was received at PS Sadar Bazar regarding admission of injured/deceased Amin @ Raja in Hindu Rao Hospital who was declared brought dead by the doctor. On receipt of the said information, Insp. Pramod Gupta reached the hospital and recorded the statement of Nadeem (brother of the deceased) with respect to the stab injuries having been caused to his brother Amin @ Raja by the appellant Danish with a knife. On the basis of his statement as well as MLC of the injured/deceased, FIR under Section 302 of IPC was registered. During the investigation of the case, IO got post-mortem examination conducted on the dead body of the deceased, prepared site plan, got inspected the scene of crime through Crime Team, arrested the appellant/accused, recorded his disclosure statement and recovery of weapon of offence was effected at the instance of the appellant. The exhibits were sent to FSL for expert opinion and after completion of investigation, charge-sheet under Section 302 of IPC was filed in the Court.

(3.) To support its case, the prosecution has examined 25 witnesses in all. No witness has been examined in defence. Statement under section 313 of the Code of Criminal Procedure, 1973 was recorded wherein he pleaded innocence and claimed to be falsely implicated in the present case.