AMIT KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant has filed the present appeal under section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.), against the impugned judgment, dated 10.02.2015, and order of sentence, dated 12.02.2015, respectively passed by Sh.Sandeep Yadav, Additional Sessions Judge-5, South District Court, Saket, New Delhi in case FIR No.359/2009, P.S.- Vasant Vihar, whereby the appellant has been convicted under Sec. 302 of the Indian Penal Code (IPC), 1860 and sentenced to undergo simple imprisonment for life and fine of Rs. 5,000.00 and in default of payment of fine further simple imprisonment for one year.

(2.) The case of the prosecution as noticed by the trial court is that Sujeet, elder brother of complainant Barjeet, was married with one Jyoti on 15.01.04. Out of this wedlock, one boy namely Kunal was born in the year 2006. In Dec. 2008, Jyoti w/o Sujeet went with appellant Amit and left her son Kunal with Sujeet. Complainant Barjeet, his elder brother Sujeet and appellant Amit, were residing at Moti Lal Camp, DDA Flats, Munirka, New Delhi. When Jyoti came back, a panchayat was held in the area and as per the decision of the panchayat, marriage between Sujeet and Jyoti was dissolved and therefore Jyoti started living with Amit in slums. Appellant Amit used to taunt and abuse Sujeet on this issue. On 10.11.09 at about 10.30 pm Barjeet (brother of the deceased) and his elder brother Sujeet, were plucking leaves from tree for their goat on the boundary wall of Health Society. Sujeet was standing at a distance of 10-15 steps from complainant Barjeet. At that time, appellant Amit came on a grey colour scooter and hit against Sujeet, as a result of which Sujeet fell down, thereafter, appellant Amit shouted that he will not spare Sujeet, as Sujeet was intending to snatch Jyoti from him. Appellant Amit caught Sujeet by collar with his left hand and assaulted on his neck repeatedly with a meat cutting knife. Sujeet after receiving first knife blow from Amit asked Amit to leave him but Amit did not leave Sujeet. Appellant Amit hit Sujeet on his face with the heal of his shoes when complainant Barjeet came down from the wall and rushed to save his brother, appellant Amit rushed towards Barjeet with the knife to hit him. Barjeet ran away to his house and called his family members to the spot. By that time, appellant Amit had fled away from the spot with the scooter. Barjeet categorically stated that appellant Amit has killed his brother on account of previous enmity regarding Jyoti.

(3.) The manner in which the crime was detected and investigated stands detailed in Police report filed under section 173(2) of the Code of Criminal Procedure, 197 Thereafter, information regarding this incident was received in Police Station Vasant Vihar vide DD no. 21-A and thereupon PW-13 SI Sujit along with Ct. Mahesh reached cremation ground in front of Moti Lal Nehru Camp, DDA Flats, Munirka and found one person lying in pool of blood in front of the gate of cremation ground. Police officials found deep wound with sharp edged weapon on the neck of the injured. Inquiry revealed the name of the injured as Sujeet, s/o. Naubat Ram, after recording the statement of Barjeet, dead body was sent to Safdarjung Hospital where the concerned doctor declared Sujeet as brought dead. Thereafter, a case under Sec. 302 Penal Code was registered. ASI Surjit lifted blood sample of deceased and earth control from the spot. Blood stained mat of scooter was lifted from near the dead body and one sleeper was also lifted and seized. Thereafter, the investigation of this case was transferred to Inspector Kishore Kumar and appellant Amit was arrested from Nelson Mandela Road Near Aggarwal Sweets Munirka based on the identification of Barjeet. Disclosure statement of appellant Amit was recorded. Appellant got recovered the knife and scooter used in the crime, blood stained pant, jacket, shoes of appellant which he was wearing at the time of commission of crime, and he was wearing the same clothes at the time of his arrest, were also seized. Post-mortem of the dead body was conducted, clothes of dead body and blood in gauze was preserved. In the post-mortem, the Doctor opined the cause of death as "hemorrhagic shock due to anti mortem injury to (Rt) common carotid artery produced by sharp edged weapon. Injury no. 1-3 are produced by sharp edged weapon. Injury no.1 is sufficient to cause death in ordinary course of nature. Investigating officer also obtained subsequent opinion of the Doctor on the knife and the concerned Doctor opined that injury no. 1, 2, 3 and 5 are possible by submitted weapon. Thereafter, Inquiry was conducted about the ownership of scooter no. DL3SK 1719 and it was found that the said scooter was registered in the name of Sunil Kumar. Sunil Kumar told the Investigating officer that he had sold the said scooter to Manisha Kanti on 0002. Inquiry further revealed that the appellant Amit had purchased this scooter from one Kabadi. On 19.11.09, scooter no. DL3SK 1719 was sent to FSL, Rohini for inspection, blood stains from front side of scooter and left side of dicky were lifted, after completion of investigation, charge sheet was filed in the Court. Appellant was charged under section 302 Penal Code on 10.02.10. Appellant pleaded not guilty and claimed trial.