ABDUL RAHIM Vs. STATE DELHI ADMN

JUDGEMENT

(1.) The appellant, Abdul Rahim, has been held guilty of offences under Sections 302/397/34 of the IPC for committing robbery, causing grievous injuries and the death of the deceased, Satish, and sentenced to undergo life imprisonment and to pay fine of Rs.5,000.00 and in default to pay fine was directed to undergo further six (6) months imprisonment in terms of the impugned judgement and order of sentence dated 18.2.1995. It may be noticed that the offence is stated to have been committed along with co-accused, Matloob, who, however, absconded during trial. The conviction is based on circumstantial evidence.

(2.) The case of the prosecution is that the deceased, Satish Narula, used to run the business of hiring of TVs and VCRs. On 5.11.1986 at about 9:45 p.m., Matloob and the appellant came to the house of the deceased where he stayed along with his mother, Shrimati Sheela Devi, PW-3, his elder brother, Jagdish Narula, PW-8, Suresh Kumar Narula, PW-4 another brother and his father Shri Prakash Lal Narula, PW-9. The said two persons wanted a TV and VCR installed in their house by the deceased. The deceased arrived at the house and went with the said two persons in a rickshaw with a TV and a VCR and did not return thereafter. Mr. Jagdish Narula, PW-8, on return from the office on the next day went to search for the deceased and at about 5:00 p.m. saw a crowd near the DDA flats in proximity to their residence where police was also present. The dead body of the deceased was found lying in a room of an under construction flat.

(3.) The prosecution claims that the police was present at site as on 6.11.1986 and they received a report about a dead body lying in the DDA flats and the information was entered in the DD entry No.12/A at 5:10 p.m. (exhibit PW-1/A) and S.I. Vinod Kumar along with Constable Surender Kumar were asked to investigate into the matter. S.I. Vinod Kumar handed over the ruqqa to H.C. Suresh Kumar, who took it to the police station and the DD entry No.13/A (exhibit PW-1/B) was recorded and a formal FIR No.412/86 (exhibit PW- 1/C) was thereafter recorded at 7:20 p.m. in pursuance to the same.