RAVI Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 ( Cr.P.C .) against the impugned judgment, dated 08.07.2014 and the order of sentence, dated 15.07.2014, respectively passed by the learned Additional Sessions Judge, Rohini Courts, Delhi in case FIR No.181/2011 filed under Section 302 / 34 Indian Penal Code (IPC), P.S.- Sultanpuri, whereby the appellant has been convicted under Section 302 / 34 of the Indian Penal Code (IPC), 1860 and sentenced to undergo Rigorous Imprisonment for life and fine of Rs.10,000/- each and in default of payment of fine, further to undergo Simple Imprisonment for six months for offence punishable under Section 302 IPC.

(2.) We have heard learned counsel for the appellants as well as learned APP for the State and have also gone through the material on record. The brief facts of the prosecution case as noticed by the Trial Court are that on 04.05.2011 at 06:35 a.m. on receipt of DD No. 16B, it was informed that a person had been murdered near Sewing Centre, C-9, Sultanpuri, Delhi. SI Suresh Chand along with Ct. Kailash reached there and found a dead body lying on a cot. Lot of blood was lying on the ground beneath head, face was also blood stained. A big stone was lying about five feet away from the cot on which some hair were sticking. Identity of the deceased was established as Kuldeep @ Petal by his brother Pradeeep. On these facts, rukka was prepared and case under Section 302 IPC was registered by sending Ct. Vijender to the Police Station. Further investigation was conducted by Inspector Arun Kumar Sharma who lifted blood stained earth soil, blood stained slippers, cot and blood stained stone of 12.3 kg from the spot. Incidentally, Police met a witness, namely, Deepak who told them that on

(3.) 5.2011 at 9:30 p.m., accused Ravi and Kuldeep were fighting on the issue of breaking of liquor bottle. On his arrest, appellant Ravi pointed out the place of murder and the place where they had taken the liquor together and fought with each other. Co-accused Kuldeep was arrested at the instance of appellant Ravi and he too pointed out both the places. At the instance of both accused, broken pieces of bottle, earth soil lying near glass pieces and earth soil lying on the place from where the stone was lifted by the accused persons, was taken into possession. Both the accused produced their clothes before the police they were wearing at the time of the murder. Statement of Deepak was recorded under Section 164 3. By order dated 24.09.2011, the Trial Court framed charges under Section 302 / 34 IPC against the appellant and Kuldeep.