RAJESH Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 4.2.2017 of learned Additional Sessions Judge in Sessions Case No.25/14 arising out of FIR No.228/2011 registered at Police Station New Usmanpur by which the appellant-Rajesh was held guilty for committing offences punishable under Sections 302 and 397 IPC read with Section 392 IPC. By an order dated 08.02.2017, the accused was sentenced to undergo Imprisonment for life with fine Rs.5,000/- under Section 302 IPC and Rigorous Imprisonment for seven years with fine Rs.5,000/- under Section 397 / 392 IPC. The sentences were to operate concurrently.

(2.) Briefly stated the case of the prosecution, as reflected in the charge-sheet, was that on 25.06.2011 Anand Raut (since deceased) came to Delhi from Indore by train to take BEL examination scheduled for 26.06.2011 at Janakpuri. During his journey, the victim met the appellant-Rajesh in the train at Ujjain and friendship developed between the two. Rajesh was aware of the topography of Delhi and assisted the victim to reach his examination-centre without any difficulty; he accompanied the deceased to the said spot. After the examination was over, PW-5 (Mahesh Prajapati), who had also come to Delhi to take BEL Examination at Rohini from Nimach, Madhya Pradesh contacted Anand Raut on telephone and they decided to meet at Chandni Chowk. Subsequently, they all stayed together at Bodh Vihar, Motia Khan, Paharganj during the night intervening 26/27.6.2011. In the morning next day i.e. 27.06.2011, they all left Bodh Vihar. PW-5 (Mahesh Prajapati) decided to go back to Nimach, Madhya Pradesh as he was suffering from some ailment. He took bus from Tis Hazari and went to his native place leaving both the appellant Rajesh and victim Anand Raut together in Delhi.

(3.) On 28.06.2011, PW-1 Dig Vijay Singh, a security guard on night duty at DDA Forest Area, 144 Hectare, Sumalia Charagah was informed by a passerby that a dead body was lying under Khadar area in front of the Metro Depot. He informed the police from his mobile number 9210564575 at 100. The information was recorded in the Police Control Room vide PCR call (Ex.PW16/A). Daily Diary (DD) No.6A (Ex.PW-11/A) came to be recorded at Police Station New Usmanpur, Delhi at 9.45 a.m. The investigation was assigned to SI Sunil Sharma (PW-25) who along with Const.Ram Naresh (PW-27) went to the spot. He lodged the FIR by sending rukka (Ex.PW-25/B). No eye witness was present at the spot. Necessary proceedings were conducted at the spot; the body was sent for post-mortem examination. Further investigation was taken over by PW-28 (Inspector Ratan Pal).