DALIP SINGH Vs. STATE

JUDGEMENT

(1.) The present Criminal Appeal has been filed impugning the judgment dated 18.05.2013 and order on sentence dated 27.05.2013 passed by the Ld. District and Sessions Judge (East), Karkardooma Courts, Delhi in FIR No.77/2001 (SC No. 30/10/08) whereby the appellant was convicted for the offence under Section 302 read with Section 120B of the Indian Penal Code, 1860 (in short - IPC ') and sentenced to life imprisonment and a fine of Rs.10,000/-. In default of payment of fine he was sentenced to undergo Simple Imprisonment for six months.

(2.) Facts leading to the filing of the present appeal are that on 17.03.2001 at about 9:30 AM an information was received vide DD No.12A about two dead bodies lying in a garbage bin, B-2, Mayur Vihar Phase-III. On receipt of the said information, SI Sanjay Gupta along with Ct. Vipin (PW27) and Ct. Bale Ram (PW26) reached the spot where upon inquiry it was revealed that one person had already been removed to LBS Hospital by PCR Van and the dead body of one person was still lying in the garbage bin. Inspector Ashwini Kumar (PW10) along with his staff reached at the spot. Ct. Vipin (PW27) was left at the spot to safeguard the same while SI Sanjay along with Inspector Ashwani Kumar (PW10) reached LBS Hospital and an injured person was found admitted in the hospital vide MLC No.823/01 and he was declared unfit for statement.

(3.) Crime Team was called at the spot. ASI Om Prakash (PW18) took photographs which are Ex.PW12/A-1 to A-7 of which negatives are Ex.PW12/A-8 to A-14. SI Jawahar Singh (PW5) was the in charge of the PCR van that reached the scene of crime after receiving information and on his pointing out, Site Plan Ex.PW23/A was prepared.