ARSHAD Vs. STATE

JUDGEMENT

(1.) In this appeal filed under section 374(2) of the Code of Criminal Procedure, 1973 ("Cr.P.C."), the appellant has impugned the judgment dated 26/09/2014 passed by the Additional Sessions Judge, Karkardooma Courts, Delhi, convicting the appellant for the offence under Section 302 of the Indian Penal Code, 1860 ("IPC") and the order on sentence dated 30/09/2014 sentencing him with life imprisonment under Section 302 IPC and to pay a fine of Rs. 10,000/-, in default of payment of which, he shall undergo one year RI.

(2.) The prosecution's case is that, on 04.09.2011 the appellant had called his sister PW-1/complainant Ms. Nishat Parveen at about 2.45 a.m. informing her about the death of Faizal, upon which she, her cousin Naseem @ Babboo and his wife reached the Appellant's house, where they found the appellant sitting outside the house, with the deceased Faizal lying lifeless on the bed. Upon intimating the police, FIR No. 613/11 was registered at the behest of PW-1; a scene of the crime report was prepared; postmortem was conducted; seizure memo was prepared; samples were sent to FSL and a charge under Section 302 IPC was framed on 19/12/2011, to which the Appellant pleaded not guilty.

(3.) To establish its case, the prosecution examined 18 witnesses - PW-1 (Farhat Naseem/ Nishat Parveen) is the complainant and sister of the deceased and the appellant. She proved Ex.PW-1/A. PW-2 (Rafat), sister of appellant and deceased. PW-3 (Mohd. Sajid) identified the body of Faizal vide his statement Ex.PW-3/A. PW-4 (HC Mahaj Singh) was the Duty Officer. He had recorded the FIR Ex.PW-4/A and had also recorded DD Nos. 14-B and 15-A, which are Ex.PW-4/C and Ex.PW-4/D respectively. PW5 (Shahnawaz), the neighbour of the deceased and the appellant, gave his statement. PW-6 (Dr. Akash Jhanjee) conducted the postmortem of the body of the deceased. His report is Ex.PW-6/A and his subsequent opinion apropos the nylon rope is Ex.PW-6/B. PW-7 (Dr. Rajni Lohia) examined the appellant and prepared his MLC Ex.PW-7/A and preserved his scalp hair. PW-8 (SI Naveen Kumar) was a member of the Mobile Crime Team who inspected the scene of crime and prepared the scene of crime report Ex.PW- 8/A. PW-9 (SI Karamveer), on receipt of DD No. 14-B, along with Constable Narender went to the crime scene where they found the body of the deceased. He recorded the statement of PW1 and prepared the Rukka Ex.PW-9/A and sent the same to Police Station through Constable Narender. After the registration of the FIR, Constable Narender came at the spot with Inspector Amleshwar Rai, who took over the investigation. The crime team inspected the spot and took photographs; the exhibits were seized from the spot; on interrogation, the appellant gave his disclosure statement Ex.PW-1/E. PW-10 (Constable Sandeep), the Crime Team Photographer took photographs of the spot which are Ex.PW-10/A-1 to Ex.PW-10/A-18 and their negatives are Ex.PW-10/A-19 to Ex.PW-10/A-36. PW-11 (Constable Narender Kumar) assisted SI Karamveer in the investigation of the case. He had taken the rukka to the Police Station for the registration of the FIR. PW-12 (SI Mukesh Kumar Jain), the Draftsman, prepared the scaled site plan Ex. PW-12/A. PW-13 (Constable Kuldeep) deposited the exhibits at FSL. PW-14 (Inspector Rishipal Sharma) took charge of the investigation on 04.11.2011; he prepared the scaled site plan, recorded the statements of SI Mukesh Jain and SI Karamveer, prepared the charge sheet, collected the FSL result Ex. PX and filed the same in court. PW-15 (Inspector Amleshwar Rai) took over the investigation after registration of the FIR and prepared the rough site plan Ex.PW-5/B. PW-16 (HC Devender Singh), then MHC(M), proved the relevant entries of Register No. 19 as Ex. PW-16/A and Ex. PW-16/B and also proved the copies of Road Certificates as Exs.PW16/C, D and E. PW-17 (Constable Rachna, Computer Operator, PS Shakar Pur) typed the FIR on computer. PW-18 (Harshwardhan, Finger Print Expert, Crime Team) stated that no chance print was found from the spot.