PRAHLAD Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the impugned judgment dated 20th July 2017 passed by the learned Additional Sessions Judge-05 West, Delhi (ASJ) in Sessions Case No. 56739 of 2016 arising out of FIR No. 477 of 2013 registered at Police Station (PS) Khyala convicting the Appellants, Prahlad and Devanand @ Deva, for the offence under Sections 302 read with Section 34 IPC and the order on sentence dated 31st July 2017 whereby both the Appellants were sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs. 10,000 each and in default of payment of fine, to undergo further simple imprisonment (SI) for one year each. The trial Court also declined to extend the benefit of Section 428 CrPC for both the offences. Case of the prosecution

(2.) The prosecution case begins with Dharam Pal (PW-4) who was working as chowkidar (watchman) at Chameli Park, Raghubir Nagar, Delhi on a shift from 5 pm to 9 am, stating to the police at PS Khyala that at around 7 am on 19th November 2013, when he was taking a round inside the Chameli Park he noticed the dead body of a young boy aged about 20 years on the side of the wall near Ambedkar market.

(3.) On this basis DD No. 14A was recorded at PS Khyala and handed over to Sub Inspector (SI) Nafe Singh (PW-21). Accompanied by Constable (Ct.) Subhash Chand (PW-17) and PW-4, PW-21 proceeded to the spot. Statement of PW-4 was recorded by Head Constable (HC) Amit Kumar (PW-8). Station House Officer (SHO) Inspector Tanvir Ashraf (PW-23) was informed of the above happening by PW-8. Thereafter PW-23 along with Ct. Praveen Kumar left for the spot.