DEEPAK @ PETA Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the convict/ appellant (hereinafter referred to as "the appellant"), namely, Deepak @ Peta under Section 374(2) of the Cr. P. C. against the judgment dated 27. 01. 2010 whereby the appellant has been convicted under Section 302 IPC, and against the order on sentence dated 03. 02. 2010 whereby the appellant has been sentenced to life imprisonment along with fine of Rs. 5,000/-, in default of payment of fine to further undergo one year simple imprisonment.

(2.) Factual matrix, emerging from the record, is that on 25. 06. 2007 at about 23. 33 hours, an information was received by the police with regard to commission of a murder at House No. 6/207, Block No. 6, Trilok Puri, Delhi. On receipt of said information, SI Om Prakash along with Ct. Shiv Kumar reached the spot and found a dead body wrapped in a black colour cloth bag under a cot in a room situated on the ground floor. The said bag was opened and a dead body of deceased Pooran Chand was found in it, which was identified by his son Shiv Kumar. Statement Ex. PW3/1 of Shiv Kumar was recorded who stated that they were two brothers and a sister. His elder brother was Deepak and sister was Seema. Name of his mother was Rekha. His father used to work in MCD and on 25. 06. 2007, at about 12:30 in the day time he returned from his duty. He had his meals and got his head and legs massaged form Shiv Kumar and then went to sleep on the ground floor. His brother Deepak sent Shiv Kumar to 22 Block Trilok Puri to get the prices of memory card, lead, charger and two connections. He inquired from three shops and informed Deepak that the price of these articles was Rs. 860/-. Deepak met him near the stairs of his house. Deepak again sent Shiv Kumar to 15 Block and 10 Block, Trilok Puri to ask for the price of the said items. After coming from there, Deepak met Shiv Kumar on the road outside the street and informed him that the rates were same at all the places. Shiv Kumar remained outside on the road as there was no electricity at his house. At about 4 p. m, his mother came to the house and then Shiv Kumar went to his friends house to take meals. When he returned back to his house, he found that the door of the room on the ground floor was locked. He asked his mother as to why it was locked, to which she replied to ask from Deepak. She also told that Deepak had sprinkled some medicine. On asking, Deepak informed that he had sprinkled medicine to remove bed bugs, and not to open the door as the influence of the medicine would remain for 10 hours. Shiv Kumar went upstairs and laid there. At about 7:30 pm he went to the mobile shop and when he returned, Deepak met him on the ground floor and asked him to go and sleep upstairs. Thereafter, he went to sleep. At that time, his mother had gone to the house of his aunt at 12 Block Trilok Puri. Shiv Kumar woke up due to drizzle. He saw people had gathered outside his house and one of the person said that Deepak had killed his father. His uncle Ranjeet broke the lock of the room. Inside the room, he saw the dead body of his father in a cloth bag stained with blood. He had shown his suspicion on Deepak.

(3.) On the basis of the statement of Shiv Kumar, FIR of the present case was registered. Investigating Officer prepared site plan and place of occurrence got inspected by the Crime team. Said spot was got photographed. The dead body of the deceased was removed to Lal Bahadur Shastri (LBS) Hospital. One lock and a hammer were seized. From the spot, one black bag, cloth sheet, towel, vest and a piece of vest were seized. From near the cot, one Pyjama and one black-white pillow cover were seized. Earth control from the spot was taken. After opening the one side box of the double bed, one round pillow with cover, one square pillow and one quilt cover were seized. From the other side of the bed box, one hammer having blood stains weighing about 11 kg and another hammer weighing about 8 kg were seized. After conducting post mortem, dead body of the deceased was handed over to his legal heirs.