ASHOK Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 10. 8. 2000, the appellant has been convicted for the offence of having murdered Mithilesh son of Ram Sharma PW-4.

(2.) LEARNED Trial Judge has held that the prosecution has successfully established that Mithilesh and the appellant used to sleep in flat No. F-104, sarita Vihar, New Delhi owned by Ms. Prabha Sood and both of them were doing wood work in the flat and that Mithilesh was assaulted in the said flat either in the night of 8th/9th April, 1998 or early hours of the morning of 9th April 1998. It has been held that the weapon of offence i. e. a hammer Ex. P-1 and the chisel Ex. P-2 stained with human blood of the same group as that of the deceased have been proved to be recovered pursuant to the disclosure statement of the appellant and that the pant Ex. P-3 found to be stained with human blood of the same group as that of the deceased has also been proved to be recovered pursuant to the disclosure statement of the appellant.

(3.) LEARNED Trial Judge has also held that the evidence establishes the presence of the appellant in the flat in question in the intervening night of 8th/9th april, 1998.