ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22nd November 2017 passed by the learned Additional Sessions Judge-04 (North), Rohini Courts, Delhi in Sessions Case No.58004/2016 arising out of FIR No.309/2011 registered at P.S. Samaipur Badli convicting the Appellant for the offences under Sections 302 and 323 read with Section 34 of the Indian Penal Code (IPC) and the order on sentence dated 28th November 2017 whereby for the offence punishable under Section 302 IPC the Appellant was sentenced to imprisonment for life with a fine of Rs. 10,000/-, and in default of payment of fine to undergo simple imprisonment (SI) for a period of three months and for the offence under Sections 323/34 IPC to undergo SI for a period of one year. Both the sentences were directed to run concurrently.

(2.) At the outset, it requires to be noticed that the Appellant was sent up for trial along with four other co-accused, that is, Anish Kumar @ Shiva (Accused No.2; A-2), Rajan Kumar (A-3), Mohan (Proclaimed Offender) (A-4) and Sone Lal (A-5) for committing the murder of Ram Parvesh Yadav @ Ram Sevak (the deceased) on 21st August 2011 at around 11.30 pm at Sector-18, Rohini, Delhi and causing simple injuries to Aslam (PW-8) thereby committing the aforementioned offences. Whilst acquitting A-2, A-3 and A-5 for the offence under Section 302 IPC, the trial Court convicted each of them for offence under Section 323/34 and sentenced each of them to a period of 1 year of SI. The Appellant (A-1) herein has been convicted and sentenced as mentioned above.

(3.) The two star witnesses for the prosecution were Smt. Sita Devi (PW-1), the wife of the deceased and Aslam (PW-8), the injured eye witness. That the death of the deceased was homicidal was established by the post mortem conducted by Dr.Vijay Dhankar (PW-19). He noticed the following external injuries on the body of the victim: