LAWS(DLH)-2009-9-308

SUNNY @ BHOLA Vs. STATE

Decided On September 18, 2009
Sunny @ Bhola Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) VIDE impugned judgment and order dated 30.4.2005, the learned Trial Judge has convicted the appellant Sunny @ Bhola for the offence punishable under Section 302 IPC. The victim was a young girl named Pooja.

(2.) THE process of law was set into motion, when at about 1.45/2.00 PM on 30.3.2004, Rakhi daughter of Munshi Lal PW -11, informed Janki Prasad PW -4 that his daughter Pooja was lying unconscious in jhuggi number 480, Kabeer Nagar, Model Town belonging to her father i.e. Munshi Lal and was bleeding. Immediately, Janki Prasad who was then at his vegetable retail shop, reached the said jhuggi. He found his daughter lying dead, with a white coloured handkerchief tied around her neck. A pillow was lying beside her. He went to the adjoining jhuggi, belonging to Ramesh, and through the telephone installed therein, conveyed the information to the Police Control Room. The Police Control Room transmitted said information to PS Model Town, being the police station within jurisdiction whereof the said jhuggi was situated. At the police station at 2.23 PM, an entry being DD Entry No.9, Ex.PW -15/A, was entered in the daily diary recording said information.

(3.) PROCEEDING further with the investigation, SI Pramod Gupta prepared an endorsement Ex.PW -15/B under said statement of Janki Prasad and sent it for registration of an FIR through Const. B.A. Rao PW -14. HC Laxman Singh PW -1, the duty officer at PS Model Town, at 4.30 PM registered FIR No. 205/04 Ex.PW -1/A under Section 302 IPC. Const. Hemant PW -16 delivered copies of the FIR to the Area Magistrate and the senior police officials.