PARVESH & ORS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21st November 2002 passed by the learned Additional Sessions Judge, Karkardooma Courts, Shahdara, Delhi in Sessions Case No.79/2002 arising out of FIR No.10/1998 registered at PS Shahdara convicting the Appellants for the offence punishable under Section 302 read with Section 34 Indian Penal Code ('IPC'). The appeal is also directed against the order on sentence dated 22nd November 2002 whereby each of the Appellants were sentenced to life imprisonment with fine of Rs.5,000/- each and in default of payment of fine, to undergo rigorous imprisonment for two years.

(2.) The criminal justice system was set in motion by information being received at PS Shahdara noted as DD No.7A that the dead body of a young person with several stab injuries is lying in a open plot of land behind Loni Road in Shahdara. The said DD No.7A was dated 5th January 1998 and was marked to SI Rohtash Kumar (PW-13). Accompanied by Constable Ram Phal (PW-14) and Constable Preet Singh (PW-11), PW-13 went to the spot and found a dead body of a young boy aged about 20-22 years wearing a sky blue shirt, white banyan, black pant, cream coloured underwear and sports shoes. There were a number of stab wounds on the neck, chest and abdomen of the dead body and it was lying in a pool of blood and the clothes of the deceased were also cut at several places.

(3.) A search of the dead body revealed two white coloured slips, in the back pocket of his pant, having certain lines written. There was a newspaper cutting and there was a one DTC ticket of Rs.2/-.