UMESH PRASAD Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 03.07.2015 of learned Additional Sessions Judge in Sessions Case No. 21/14 (Old SC No. 52/11) arising out of FIR No. 207/11 registered at Police Station Hari Nagar by which the appellant - Umesh Prasad was held guilty for committing offence punishable under Section 302/201 Indian Penal Code. By an order dated 8.7.2015, the appellant was sentenced to undergo imprisonment for life with fine Rs. 40,000/- under Section 302 Indian Penal Code and Rigorous Imprisonment for five years with fine Rs. 5,000/- under Section 201 Indian Penal Code. Both the sentences were to run concurrently.

(2.) The prosecution case, as reflected in the charge-sheet, was that before 16.05.2011 on the roof of 2nd floor of House No.MS-104, Hari Nagar, Delhi, the appellant committed murder of Sadanand and concealed his body underneath the woods with intention to screen himself from legal punishment. Information of the incident was conveyed to the police on 15.05.2011 and DD No. 34 (Mark PW-15/A) came to be recorded at Police Post Hari Nagar at around 8.55 p.m. It was informed that a foul smell was emanating from the roof of the said house. The investigation was assigned to ASI Virender Kumar who along with Ct.Sanjay went to the spot. PW-5 (Rajender Kumar Batra) and PW-4 (Gurvinder Singh) were present at the spot. Dead body of an individual, aged around 25 years, in decomposed condition was found underneath the wooden ballis. The crime team was summoned. The articles lying near the spot were examined and fingerprints were lifted. The FIR was lodged; the dead body was sent for post-mortem examination; it remained unidentified.

(3.) On 19.05.2011, the victim's parents visited the police post and informed that their son Sadanand was missing; they subsequently identified the body recovered on 15.05.2011 at mortuary. Post-mortem examination was conducted and body was handed over to the legal heirs of the deceased.