RAMESH @ GUDDU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13th July, 2017 passed by the Court of learned Additional Sessions Judge, Dwarka Districts Courts, South West District, New Delhi ("ASJ") in SC No.132/2015 arising out of FIR No.356/2012, P.S. Bindapur whereby the appellant was convicted for the offence punishable under Section 302/201 IPC and the order on sentence dated 29.07.2017 whereby the appellant was sentenced to undergo life Imprisonment along with a fine of Rs. 3,000/- u/s 302 IPC; and Rigorous Imprisonment (RI) for five years along with a fine of Rs. 2,000/- for the offence punishable u/s 201 IPC and in case of default of payment of fine, the appellant was to undergo RI for six months. Both the sentences were directed to run concurrently. The Ld. ASJ recommended to DLSA for the payment of compensation to the legal heirs of deceased u/s 357A Cr.P.C.

(2.) On 03.11.2012 at about 150 pm, information was provided by HC Sita Ram, PS Dabri (PW8) by telephone to PS Bindapur about foul smell coming from a room situated at the 1st Floor of the House No.A787, JJ Colony, Pankha Road, Delhi. A DD No.16A (PW8/K) was recorded and the same was assigned to Sub Inspector (SI) Ashok Kumar (PW15) who left for the spot along with Constable (Ct.) Kamal Chand (PW21). Upon reaching the spot, the room was found locked. In the meanwhile the crime team headed by the SHO Surender Kumar (PW22) and other senior police officials also arrived there. The lock was broken and on opening the door, a headless body was found lying below the bundle of clothes on the right side of the room. The body, as found, was in a white coloured vest and black & white striped underwear. The clothes of the deceased and other personal articles/belongings were recovered and seized. The dead body was sent to the mortuary of DDU Hospital for preservation through Ct. Sudhir (PW25). The rukka (Ex.PW26/B) was prepared and sent through Ct. Kamal Chand (PW21). An FIR No.356/2012 was registered under Section 302/201 IPC. One plastic bottle and lock of the room were sealed with the seal of SD and were seized vide seizure memo Ex.PW12/A. Blood sample and earth control were lifted on a gauze by Inspector Subhash (PW29) vide seizure memo (Ex.PW12/B). A blood stained mat, pillow and bed-sheet were also sealed in a pulanda and seized vide seizure memo (Ex.PW12/C). The appellant was arrested on 16.11.2012 vide arrest memo (Ex.PW12/D) at his native place i.e. Village Panchwati, District Gorakhpur (UP). He was interrogated. He made a disclosure statement (Ex.PW13/A). Pursuant to the disclosure statement, the appellant got recovered two mobile phones out of which one phone was of China make with the battery No. JAI-BL-3C and the other phone was of SAMSUNG, one purse containing two railway tickets and a card issued by the Gramin bank, one black colour bag which contained a photocopy of the passport of the deceased Nitin Kumar Singh, one jeans pant, one white colour shirt, one gray colour pant and a bag containing Rs. 20,000/- in cash, all of which was in the denomination of Rs. 500 each. All these articles were converted into pulanda and sealed with the seal of SD and taken into possession vide seizure memo Ex.PW12/F.

(3.) After completion of the investigation, charge sheet was filed against the appellant before the link MM on 14.02.201 After making due compliance of Section 207 Cr.P.C., the Ld. MM committed the case to the Court of Sessions on 11.04.201