RANDHIR SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant, a DTC employee, has been convicted under Section 302 of ipc vide Judgment dated 29. 04. 2009 and sentenced to undergo life imprisonment vide Order on Sentence dated 30. 04. 2009 and pay fine of Rs. 3,000/- in default of which to undergo RI for one year for having committed murder of his colleague Ramesh Kumar at the work place.

(2.) THE case of the prosecution is that on 10. 10. 2005, an information was received at 5 P. M. at PS Mukherjee Nagar from a PCR that there was an injured person at the BBM Marg Depot-II (the Depot for short) known as Central Works shop-1. This information was recorded vide DD No. 23-A and a copy of the same was sent to HC Subhash/pw19 through Ct. Ravinder/pw18 for investigation. HC subhash/pw19 reached the spot at the battery section and found that one person whose clothes were blood stained had been caught hold by the people. Inspector p. C. Mann/pw22 and SI Rakesh Kumar had also reached the spot by that time. The blood was found lying at the spot along with a blood stained iron rod Exp-1. The appellant was the person who had been apprehended and was an employee of the battery section and was alleged to have beaten up Ramesh Kumar who had become unconscious. The statement of Ajay Kumar/pw6 was recorded at the site and in pursuance thereto, FIR No. 434/2005 under Section 307 of IPC was registered by Umesh Kumar/pw8, which is Expw8/b. The deceased survived till 29. 10. 2005 whereafter he passed away. The case was thereafter converted into one under Section 302 of IPC and on completion of the investigation, charge sheet was filed. The charges were framed by the learned Addl. Sessions Judge to which the appellant pleaded not guilty and claimed trial.

(3.) THE prosecution in order to establish its case examined 22 witnesses. The witnesses, PW1, PW2, PW4 and PW13, who were employees of DTC, turned hostile though it did emerge from their testimony that the appellant and the deceased were last seen in the battery section together at about 4. 45 P. M.