DEEPU Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by the appellant Deepu challenging his conviction under Section 302 of the Indian Penal Code, 1860 and under Section 25 of the Arms Act vide order dated 26th March, 2015 passed by the Additional Sessions Judge, (FTC) E-Court, Shahdara, Karkardooma Courts, Delhi in Sessions Case No.29/2012. The appellant further challenges the order dated 26th March, 2015 passed by the learned Additional Sessions Judge sentencing him with life imprisonment and with fine of Rs.10,000/- under Section 302 IPC and 3 years RI with fine of Rs.5,000/- under Section 25 of the Arms Act.

(2.) The case of the prosecution is that on 7th March, 2012 at around 9.40 pm, information was received at P.S. Mayur Vihar from duty Constable, LBS Hospital that Suraj Bali s/o Late Sh.Bahadur (hereinafter referred to as the deceased) has been brought dead to the hospital by his brother Charan Pal (PW-6). MLC (Ex.PW11/A) records the time of arrival as 9.55 pm. On receipt on this information, ASI Shailender Singh along with Constable Rajkumar (PW7) reached the Hospital. They met Uncles of the deceased namely Harish (PW-4) and Ashok (PW-5) as also brother of the deceased Charan Pal at the hospital. Statement of Harish was recorded wherein he has stated that on 7th March, 2012 at about 9.00 PM while taking walk after meals, he reached at 19 block chowk near the shop of Dharam Kabari at Trilok Puri and saw the appellant lifting the knife from his rehri and piercing it in the chest on the deceased, due to which the deceased fell down and started bleeding. On seeing this, public gathered at the spot. On hearing the noise, Charan Pal and Ashok Kumar also reached there. The appellant ran away from the spot. The deceased was rushed to the hospital, where he was declared brought dead. After recording the statement of Harish, ASI Shailender Kumar along with Constable Rajkumar, Harish, Ashok and Charan Pal came to the place of incident and found blood lying on the road in front of the shop of Dharam Kabari. In the meanwhile, SHO PS Mayur Vihar came to the spot. The Crime Team also came to the spot. Photographs were taken of the spot. The Crime Team inspected the body of the deceased and found deep cut wound over the right side chest of the deceased. Rukka (Ex.PW8/A) was prepared on the statement of Harish and sent to the police station for registration of the FIR. Blood stained clothes and chappals of Harish, Ashok and Charan Pal were seized. Investigation was handed over to Inspector Amleshwar Rai (PW22) for investigation. He, along with SI Bhanu Kanwaria (PW23) and Constable Raj Kumar went in search of the appellant. They received information that the appellant was present in his house and was about to leave. They rushed to the house of the appellant at 32/168, Trilok Puri, where he was arrested. The appellant made a disclosure statement (Ex.PW22/D) and got a knife recovered from his room lying under the TV trolley. A sketch of the knife (Ex.PW22/E) was prepared. T-shirt and lower worn by the appellant were also seized. Post mortem of the body of the deceased was conducted on 8th March, 2012 (Ex.PW13/A) and the cause of death was stated as under:-

(3.) On 26th April, 2013, Dr.Vinay Kumar Singh (PW-13) gave his opinion (Ex.PW13/C) that injury Nos.1 and 2 found on the body of the deceased and cuts in the cloths could be caused by the knife recovered at the instance of the appellant. In the FSL and DNA report (Ex.PW22/K1, PW22/K-2 and PW22/K-3), it was inter alia opined as under:-