JATIN DHIMAN Vs. STATE

JUDGEMENT

(1.) Aggrieved of the judgment of conviction for the offences under Section 302 and 201 of the Indian Penal Code and the order of sentence of imprisonment of life with fine of Rs. 5,000/- ID 3 months RI for the offence under Section 302 IPC and 7 years RI with fine of Rs. 3,000/- ID 1 month RI for the offence under Section 201 IPC, the appellant-convict has preferred the appeal in hand.

(2.) Appellant was accused of causing murder of his father Sh. Vijay Dhiman and then, setting the dead body to fire using kerosene. As per the prosecution case, the appellant, who was 19 years of age, had strangulated his father on the midnight of 7-8 October, 2012 at their House no. 17, Gali No. 3, Press Enclave, Vikas Nagar, Delhi and on the night of 9th October, 2012 set the dead body to fire using kerosene. SI Ram Bhau, who was on the patrolling duty on the intervening night of 9-10 October, 2012, on noticing the smoke coming out from the house made PCR call at no. 100 at about 3. 20 midnight. Thereafter, the Police and the Fire Brigade swung into action. At the spot, the main gate of the house was found locked and on entering the house from the rear gate, which was lying open, TV, Sofa and other articles were found burning. A dead body in burnt condition was also found lying there. It is the case of the prosecution that, later, during the day i. e. 10. 10. 2012, the appellant came to the PS and confessed his guilt. On the completion of the investigations, the challan came to be filed. The appellant was tried for the offences under Section 302/201 IPC and convicted.

(3.) Prosecution in support of its case examined PW1 Sh. Vijay Kumar Jha; PW2 Sh. Amit Sethi; PW3 Sh. Vijender Kumar; PW4 Sh. Vinay Dhiman; PW5 SI Azad; PW6 Sh. Narender Singh; PW7 Ct. Rajesh; PW8 Insp. Mahesh Kumar; PW9 Ct. Jai Singh; PW10 Sh. Sunny; PW11 Dr. Manoj Dhingra; PW12 Ct. Manish; PW13 Ct. Mandeep Kumar; PW14 SI Rambir; PW15 W/HC Anita; PW16 SI Ram Bhau; PW17 Insp. Manoj Kumar; PW18 HC Vijender; PW19 Sh. Pankaj Gupta; and, PW20 Insp. Surya Prakash and closed its evidence.