BABUDDIN Vs. STATE

JUDGEMENT

(1.) WITH reference to the testimony of Daleep PW-11; holding that the same establishes that the deceased Pradeep was seen in the company of the appellants at 10:30 PM at Bhatiara Chowk on 4. 9. 1998 and since the body of the deceased was found the next morning on 5. 9. 1998 at around 10:00 AM at DDA Park near Buland Masjid, Shastri Park, the learned Trial Judge has held that since the appellants have not explained when and how they parted company with the deceased, a conclusion could be drawn from said evidence that the appellants had murdered the deceased. It has further been held that evidence establishes that upon being apprehended, appellants Yasin and Ismail made disclosure statements giving information to the investigating officer that they could get recovered shirts worn by Iqbal and yasin which they were wearing when they murdered the deceased and thereafter got the same recovered on which blood was detected. The same has been held to be further incriminating evidence. Qua appellants Iqbal and Babuddin, it has been held that evidence establishes that pursuant to their disclosure statements in which they stated that they had hidden the knives with which the deceased was murdered and they could get the same recovered and pursuant thereto they got recovered the knife Ex. P-2 and the knife Ex. P-1; the former by Iqbal and the latter by Babuddin. On one knife blood was detected. The same has been held to be further incriminating evidence.

(2.) A dead body of a male was seen at Shastri Park near Buland Masjid by an unknown informant somewhere around 10:00 AM on 5. 9. 1998. He conveyed the said information to the police control room wherefrom it was conveyed to the duty officer of the concerned police station i. e. PS Seelampur and was recorded vide entry DD No. 19-B Ex. PW-2/c, at 10:10 AM as recorded in the DD Entry. ASI Harbeer PW-14 accompanied by const. Vijender Singh PW-4 reached the spot. It appears that the police control room had relayed the information of a dead body lying as aforenoted to the duty officer PS Welcome and from said police station SI Vinod PW-8 and Const. Brij Pal PW-6 reached the place where the dead body was lying. Since the place where the dead body was lying fell within the jurisdiction of ps Seelampur, proceedings at the spot were conducted by ASI Harbeer pw-14. The other police officers assisted him.

(3.) A photographer was summoned. Const. Ashok Kumar PW-3, a photographer, reached the spot and took the photographs Ex. PW-3/al to ex. PW-3/a6. ASI Harbeer Singh PW-14 lifted blood stained soil and grass from the spot as also from a spot at a distance of about 70 feet from where the body was lying as recorded in the seizure memos Ex. PW-9/a and ex. PW-9/e. A pair of shoes from near the dead body were seized as recorded in the seizure memo Ex. PW-9/d. Since news of a dead body being found had spread in the colony, two persons Gopal PW-9 and Daleep PW-15 (we may note that two witnesses, both related to the deceased have been examined by the prosecution being Daleep PW-11 and Daleep PW-15) who happened to be the maternal uncle and the cousin brother respectively of the deceased reached the spot and identified the dead body as that of Pradeep.