AJAY KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 31. 8. 2009 convicting the appellant under Section 302 IPC and the consequent order of sentence dated 4. 9. 2009.

(2.) BRIEFLY stated, the case of the prosecution is that the appellant as well as the deceased were residing as tenants on the first floor of the same house. In the morning of 20. 10. 2008, a quarrel is stated to have taken place between the deceased on the one hand and appellant and his uncle Kale on the other hand. Brother of the deceased Manish @ Monu pw-2 was informed about the said quarrel by his mother. He came and intervened to pacify both the parties and thereafter he left for his duty and promised to come again in the evening and get the matter resolved amicably. The deceased thereafter is stated to have left his house after taking some money from his mother and he reached at the liquor vend at Mansarovar Park, G. T. Road where pw-4 Sarvan Sharma was already present. It is further the case of prosecution that the appellant also reached there at about 11. 30 a. m. on a motorcycle and he started grappling with the deceased. In the process he gave few fist blows to the deceased and the deceased fell down. Thereafter the appellant fled away from the spot on his motorcycle.

(3.) WHEN the deceased did not return back, his mother lodged a report at Police station Shahdara and on the basis of her report, a formal FIR was registered under Section 365 IPC. On 21. 10. 2008 at around 9. 45 a. m. dead body of the deceased Sanjay was found on the pavement under Shahdara flyover and this information was conveyed to the police station vide DD No. 12-A. The police, thereafter, reached at the spot. The investigating officer contacted the mother of the deceased and informed her about the recovery of a dead body. PW-2 Manish went to the mortuary of GTB Hospital and identified the dead body of Sanjay. Statements of witnesses were recorded and after completion of formalities a charge-sheet under Section 302/201 IPC was submitted in the Court against the appellant.