AMARJEET MISHRA ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) THE appellant, Amarjeet Mishra, has been convicted and sentenced in sessions Case No. 21/2008 arising out of FIR No. 819/2000 registered at P. S. SP badli for having committed the offence punishable under Sections 302/34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs 5,000/ -. In default of payment of fine, the convict person shall further undergo simple imprisonment for a period of six months.

(2.) THE case of the prosecution is that on 22. 12. 2000 a dead body was found lying in Telephone Exchange Wali Gali near New Telephone Exchange, Badli extension and the information about the same was conveyed by Ct Prakash Singh to police station SP Badli. which was recorded vide DD No 7a and was entrusted to SI Sanjiv Kumar. On reaching the spot he found a dead body was lying in a naked condition with injuries on both sides of the body. Since the dead body could not be identified, the SI put the said body in a tempo and was taken to the nearby jhuggies in S. P Badli. On reaching one of the jhuggi, one Gangaram identified the dead body to be that of his son Puran. The said body was also identified by Mohal Lal and Kali Charan to be that of his nephew Puran. Insp balbir Singh who had taken over the investigation of the matter recorded the statements of these three witnesses in which they stated that the deceased was sitting outside his jhuggi, when two of his friends namely Kuldeep Pandey and amarjeet Mishra came and took the deceased on the pretext that they were going to attend a party of one of their common friends in Jahangir Puri. They left at around 8 p. m. and the deceased took the wallet of his father and a wrist watch along with him. Since he did not return the night and they all had also made efforts to trace him, but since they have seen his body, they now know that he was murdered.

(3.) ON 23-12-00 SI Niraj Kumar apprehended the accused Kuldeep Pandey from near his house upon a secret information which was received and upon the information then given by Kuldeep Pandey, the other accused Amarjeet Mishra was also arrested. Thereafter they stated to have murdered the deceased because on an earlier occasion he had misbehaved with the sister of Kuldeep Pandey and when they confronted him as to why he did it, he stated that it was the other way round, it was she who was attracted to him. On hearing this they both got furious and murdered Puran upon hitting him with stones and bricks. Also the wrist watch and the purse of the deceased was recovered from their possession.