NAWAL Vs. STATE

JUDGEMENT

(1.) ABOVE appeals are directed against the judgment of conviction and the order on sentence in Sessions case No. 53/1993 flowing out of FIR No. 292/89, P.S. Najafgarh vide which both the appellants have been convicted under Section 302 IPC read with Section 34 IPC and Section 201 IPC read with Section 34 IPC and sentenced accordingly.

(2.) BRIEFLY stated, the case of the prosecution is that on 03.10.1989 at about 12.48 PM, an information about a dead body packed in a gunny bag found in a vacant house No. 85, RZ -B1, Nehru Garden, New Roshan Pura, was received at Police Station Najafgarh. It was recorded as DD No. 7A(Ex.PW8/A). Copy of the DD report was entrusted to SI Bhim Singh for verification. He immediately left the police station and reached at the spot along with Head Constable Jai Narain and Constable Umed Singh. The information was also conveyed to the SHO, Inspector M.S. Yadav, who also reached at the spot and took over the investigation. The gunny bag was opened and the dead body was extracted. Multiple stab wounds were found on the dead body. SHO, prima facie, found it to be the case of murder. He prepared Rukka (Ex.PW2/A) and sent it to the Duty Officer for the registration of formal FIR under Sections 302/201 IPC. On the basis of the Rukka, formal FIR was recorded.

(3.) ON 05.10.1989, PW5 Ram Chander, the father of the deceased, visited the police station and informed that his son Dharmender, who had left the house on 02.10.1989 at 8.00 PM along with the appellants Rajinder and Nawal, was missing since then. He was shown the aforementioned dead body and he identified the body as that of his missing son Dharmender.