RAJENDER SINGH @ RAJU MENTAL Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 10th November 2016 passed by the learned Special Judge-2, NDPS Act (Central District), Tis Hazari Courts, Delhi in Sessions Case No.47/2013 arising from FIR No.40/2013, registered at Police Station ("PS") Subzi Mandi, convicting the Appellant for the offence under Section 302 IPC and order on sentence of the same date whereby he was sentenced to imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment ("SI") for one month.

(2.) The case of the prosecution is that the Appellant was plying a rickshaw in the vicinity of the scene of crime, i.e. the St. Stephen's Hospital. It is the case of the prosecution that he and the deceased, Satish Mishra @ Ravinder, had a quarrel at around 6:30 pm on 12th March 2013 arising out of the Appellant suspecting Ravinder of having picked his pocket and removed a purse containing Rs.300-400. According to the prosecution, at 10:30 pm on the same day, i.e. 12th March 2013, the Appellant assaulted the deceased with a wooden danda which he took from Anjali (PW-2) who used to cook meals on the footpath. According to the prosecution the accused repeatedly assaulted the deceased on his head thereby causing his death. The Appellant then dropped the danda near a garbage bin across the road and ran away. This entire incident was witnessed by both Anjali (PW-2) and Mohd. Rafiq (PW-4).

(3.) The further case of the prosecution was that while no leads were available regarding even the identity of the deceased, it was only at around 1 pm on the following day, i.e. 13th March 2013, that PW-4 emerged and spoke to the police about the incident disclosing the identity of both the deceased as well as the accused. On the basis of the statement of PW-4, a rukka (Ex.PW-4/A) was drawn up and an FIR was registered at around 2:15 pm on 13th March 2013.