PARMESH KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant, Parmesh Kumar, has been found guilty of the offence punishable under Section 302 IPC by the learned Additional Sessions Judge, New Delhi by virtue of his judgment dated 27.02.1993. The order on sentence is also dated 27.02.1993. The appellant was sentenced to undergo rigorous imprisonment for life. The appellant is aggrieved by the said judgment and order on sentence.

(2.) THE charge against the appellant was framed by the Additional Sessions Judge on 08.08.1988. In terms of the charge, the appellant was accused of causing the murder of Aditya, son of Sh. Brahma Shankar and thereby having committed the offence punishable under Section 302 IPC. It was alleged that the appellant committed the said murder on 28.12.1987 at about 9:05 am at house No. A-195, J. J. Colony, Khan Pur, New Delhi within the jurisdiction of Police Station Ambedkar Nagar.

(3.) ON the basis of this statement a case under Section 307 IPC was registered and the investigation was handed over to SI Mehar Chand, who visited the spot, prepared the site plan and recorded the statements of some of the witnesses. On 29.12.1987 Aditya was declared fit for statement and his statement under Section 161 Cr. P.C was allegedly recorded, though the original statement was not produced before the trial court as it was allegedly not available. Aditya was discharged from the hospital on 31.12.1987. The appellant was arrested on 30.12.1987. It is alleged that during his police remand he made a disclosure statement regarding the weapon of offence, namely, the pair of scissors but the same could not be recovered. On 01.01.1988, Aditya was again brought to the hospital but he was declared as brought dead. The FIR was converted from one under Section 307 IPC to one under Section 302 IPC. On 02.01.1988 the inquest proceedings were conducted and the body was sent for post mortem examination. Cause of death was opined to be shock and haemorrhage due to ante mortem injury to the lung which was sufficient to cause death in the ordinary course of nature and was likely to be caused by a sharp penetrating weapon. Clothes of the deceased which had been sent to the CFSL, on chemical analysis revealed human blood of O' group. After completion of investigation the police submitted the challan against the appellant under Section 302 IPC. As already indicated above, the appellant was charged under Section 302 IPC, to which he pleaded not guilty and claimed trial.