RAJU KHAN @ ANISH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th May, 2018 passed by the learned Additional Sessions Judge-04, North West District, Rohini Courts in Sessions Case No.85/2001 arising out of FIR No.353/2011 registered at Police Station (PS) Subhash Place convicting the Appellant of the offence under Section 302 IPC. The appeal is also directed against the order on sentence dated 2nd July, 2018 whereby the Appellant was sentenced to Rigorous Imprisonment ("RI") for life and fine of Rs. 10000/- in default to undergo Simple Imprisonment ("SI") for one year for the aforementioned offence.

(2.) The Appellant was sent up for trial for the aforementioned offence having been charged with committing the murder of Sunil @ Sona @ Sujata (deceased) on the intervening night of 15/16th September, 2011 in the DDA park at Sandesh Vihar, Delhi.

(3.) The criminal justice process was activated when Head Constable (HC) Abhimanyu (PW-3) who was on night picket duty on the intervening night of 15/16th September, 2011 was approached by one Shyam Lal (PW-1) at around 7.15 am on 16th September 2011 informing him that a person was lying dead on a bench in the NDPL park at Sandesh Vihar. This is corroborated by PW-1 who deposed that when he went for his morning walk at 7 am he noticed a young boy lying dead on a cement concrete bench.