ARSHAD @ AJAY Vs. STATE

JUDGEMENT

(1.) The appellant has preferred the present appeal to assail his conviction by the learned Additional Sessions Judge/Pilot Court/North District, Rohini Courts: Delhi under Section 302 IPC in Sessions Case No.59142/2016 titled State v. Arshad @ Ajay vide judgment dated 21.08.2017, arising out of the FIR No. 273/2016 under Section 302/392/411 IPC registered at Police Station Alipur. The appellant also assails the order on sentence dated 29.08.2017, whereby he has been sentenced to undergo rigorous life imprisonment for the said offence, with a fine of Rs. 10,000/-. In default of payment of fine, he is directed to undergo simple imprisonment for a period of 1 year.

(2.) The trial Court has taken note of the background facts of the case. We reproduce the same herein below:-

(3.) Statement of Ashok (Sic Mukesh) was recorded who told that on 06.04.2016 he went to the Highway Service station along with his father. There one Arshad was also working along with his father. When he reached the service station at about 11 am he found that some altercation was taking place between Arshad and his father regarding salary. Arshad abused his father. His father assured him and thereafter the dispute was settled. Thereafter, Mukesh came home. At about 1:30 pm. Babloo from the Highway Dharam Kanta came and told that somebody had hit on the head of his father and that Arshad is missing from there. Sanjay Singh also deposed about the dispute between Ashok and Arshad with respect to the salary and then Ashok told Arshad that he will make the payment of salary within 2 to 4 days. Arshad could not be found on that date. On 07.04.2016 Arshad was arrested and in his search the mobile phone of Ashok was recovered which was identified by Mukesh. He confessed about the commission of crime. He also told that he removed the money from the wallet and threw the same in the adjoining plot. He got recovered the lock and the key ring. During treatment on 14.04.2016 Ashok died. After post mortem the dead body was handed over to the relatives. After completion of investigation the charge sheet was filed after adding section 302 IPC as Ashok had died. Ld. MM after complying with the provisions of section 207 Cr.PC committed the case to the Sessions Court as offence u/s 302 IPC is exclusively triable by the Sessions Court. Accused was charged by my Ld. Predecessor for the offence punishable u/s 392/302 IPC and in the alternative u/s 411 IPC to which he pleaded not guilty and claimed trial."