ARUN BHATI @ ANNU Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) The instant appeal is arising out of the impugned judgment dated 17.03.2016 and order on sentence dated 31.03.2016 passed by the learned Additional Sessions Judge-1, Patiala House Court New Delhi in Session Case No.93/14 arising out of FIR No.288/14 registered at Police Station Vasant Kunj, Delhi whereby the Appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to undergo rigorous imprisonment (RI) for life with a fine of Rs.50,000/- and in default of payment of fine, to undergo further simple imprisonment (SI) for three months.

(2.) The brief facts stated are that PW26 SI Babu Lal of Police Station Vasant Kunj, Delhi on receiving the DD No.13A on 103.2014 reached to the spot i.e. village Ghitorni, House No.39, ground floor along with Constable Mahender No. 3045/SD and PW24 Constable Sandeep and saw blood stains sprinkled on the wall and blood was lying on the floor and one black colour motorcycle No. DL 8S AX 5248 was found parked outside of the gate. The victim Ram Lakhan who received knife stab injuries was already taken in PCR van E-38 to Fortis Hospital, Vasant Kunj, Delhi. PW26 SI Babu Lal left Constable Mahender Singh No. 3045/SD at the spot and PW26 SI Babu Lal along with PW24 Constable Sandeep reached to the Fortis Hospital and learnt that the deceased Ram Lakhan was declared dead at 8 am on 103.2014 vide MLC No.2573/2014 i.e. PW11/A and met PW19 Head Constable Godha Singh who handed over blood stained knife which was lying near injured Ram Lakhan's body at the spot and PW26 SI Babu Lal prepared the sketch of knife Ex.PW19/A and took it into his possession vide seizure memo Ex.PW19/B and sealed the same with a seal of BL vide P-19/1 and personal search of the deceased was carried out i.e. Ex.PW24/A and same were handed over to PW27 Inspector Rajesh Kumar and crime team was called at the spot and CFSL team was also called. PW26 SI Babu Lal prepared a rukka as the DD No.13/A and the same is Ex.PW26/A, which was handed over to PW24 Constable Sandeep for the registration of the case.

(3.) After registration of the case further investigation was handed over to PW27 Inspector Rajesh Kumar who recorded the statement of eye-witness PW15 Usha Devi. Statements of PW3 Kanta Prasad, PW4 Tek Chand, PW14 Dalip Chaudhary, PW8 Constable Sandeep, PW18 Rohit were also recorded. Statement of PW15 Smt. Usha Devi under Section 164 Cr.P.C was recorded on 14.02014. He lifted the blood stains from wall and same were seized vide seizure memo, Ex.PW26/B and also seized blood stains with the help of cotton vide memo Ex.PW26/D and also prepared the site plan at instance of PW15 Smt. Usha Devi . The dead body of the deceased was sent along with Constable Rampal and Constable Mahinder to AIIMS Hospital and PW26 SI Babu Lal had sent request letter vide memo Ex.26/E-1 to preserve the body of the deceased Ram Lakhan. The CFSL team also lifted the blood stains from the wall and ramp. One empty wine bottle from the room of the deceased was also seized vide seizure memo Ex.PW26/F and one motorcycle was also taken into the possession. On the secret information of informer the accused was apprehended vide arrest memo Ex.PW22/A on the same date i.e. 12.02014. The accused made disclosure statement i.e. Ex.PW22/C and from the possession of accused one mobile phone make Samsung DUOS GT C-6712 company was seized i.e. Ex.PW22/D and IO also seized the blood stained clothes of the accused vide memo Ex.PW22/E.