DINESH DASS Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 07.01.2017 rendered by the learned ASJ/Pilot Court/ North District, Rohini Courts, Delhi in SC No.57615/2016 arising out of FIR No.123/2012 under Section 302 IPC registered at PS Bawana. The appellant stands convicted under Section 302 IPC and sentenced to imprisonment for life with fine of Rs. 10,000/-. In default of payment of fine, he has been directed to undergo simple imprisonment for a period of one month.

(2.) The Trial Court has noticed the relevant background facts in para 1 of the impugned judgment. We produce the same here under:

(3.) Thus, it would be seen that the present is a case based on circumstantial evidence, since there was no eye witness to the commission of the offence of culpable homicide of the deceased Shambu Dass. The Trial Court has convicted the appellant on the premise that the deceased was lastly seen in the company of the appellant at about 7:00 p.m. by PW-1 Santosh in the vegetable market on 08.04.2012 near the Chowmein Thela. On the next day morning i.e. 09.04.2012, his dead body was found lying in an open plot. The post mortem on the dead body was conducted on 11.04.2012 between 12:15 p.m. to 1:15 p.m., and the doctor estimated the time since death as 2 ' days. Consequently, the approximate time of death was around 12:15 a.m. on the night between 08/09.04.2012. Thus, the time lag between the time- when the accused was seen with the deceased, and when he was done to death, was about 5 hours and 15 minutes. The accused and the deceased were seen in an open area in the vegetable market. The post mortem report also found 400 CC undigested food. Pieces of potato were also found in the undigested food.