JABBAR SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment dated 19th February 2016 passed by the learned ASJ-02, South East, Saket Court, New Delhi in S.C.No.37/2011 arising out of FIR No.727/2011 registered at Police Station (P.S.) Okhla Industrial Area convicting the Appellant for the offence under Section 302 IPC and the order on sentence of the same date whereby the Appellant was sentenced to rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo further simple imprisonment for 6 months.

(2.) The case of the prosecution is that on 29th January 2011 at around 8:12 am, information was received at Police Station ("PS") Okhla Industrial Area about a dead body lying in kabari godown, opposite A-93, Okhla Phase-II. The precise information read: "A-93 ke saamne OIA-II near lohe ke kabari ka godaam ke paas ek male dead body pari hai."

(3.) The above information was logged at 8:12 am. The name of the informant was Krishan and his mobile number was also noted. Two policemen were alerted and they reached the spot at 8:16 am. The report received from van was that the deceased was Ram Avtar, s/o Desh Raj, aged 45 years, resident of Village Sirsoli, P.S. Ujjaini, Budaun District, U.P. Further, he was stated to be working in the Kabari Godown of Shyam Lal Chawla. It was further stated there that "raat me Jabbar se jhagra hua tha". The report also indicates that there were injuries on the head and the face. It notes that at the spot, the police met the nephew of the deceased, Girish (PW-3), who has given a statement. The Station House Officer ("SHO") of P.S. Okhla Industrial Area had also managed to reach the spot by then. This PCR form was marked as Ex.PW-18/A.