ANIL SHARMA Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgement dated 19.07.2003, arising out of FIR No.874/1998, under Section 302 IPC registered at Police Station Dabri and the order on sentence dated 19.07.2003, whereby he was convicted and sentenced to undergo life imprisonment and pay a fine of Rs.5,000/-, and in case he defaulted on payment of the fine, to further undergo simple imprisonment for six months in consequence thereof. The two co-accused, namely Hans Raj and Sudershan, who faced trial along with the appellant, were however acquitted by the trial court.

(2.) As per the prosecution case, the incident came to light on 10.12.1998, at about 10 a.m. when information was received at Police Station Dwarka about a dead body lying near the drain in Sector-V, Pappan Kalan, Madhu Vihar. The said information was recorded as DD No.11 (Ex.PW-11/1 and Ex.PW-11/2) and the same was marked to SI Rajiv Yadav (PW-11), who along with Ct. Dinesh (PW-21) reached the spot and found a dead body near the road, lying in the grass. The skull of the deceased was torn and broken and his brain was found lying near the head in the grass. The body was sent for postmortem examination which was conducted on 12.12.1998. As it appeared to be a case of murder, FIR No.874/1998 under Section 302 IPC was registered. The dead body was identified on 12.12.2018 as that of Kamal Verma by his brother-in-law, Surinder Kumar (PW-14).

(3.) During the investigation, pursuant to the disclosure statement made by the co-accused, Sudershan, a wrist watch and gold kara belonging to the deceased was seized vide seizure memo (Ex.PW-9/9). The investigation proceeded and subsequently, through the statements of the family members of the deceased, the role of the present appellant came to light. It was stated by the family members during the investigation that the appellant was a friend of the deceased Kamal and used to visit his house. During these visits, the appellant came close to Anita, the deceased's sister and had a relationship with her out of which, a child was born. A few days prior to the date of the incident, when the appellant visited the house of Kamal, his mother addressed him as the 'uncle' of the child at which the appellant became angry and threatened to teach them a lesson. On 09.12.1998, the appellant went to Kamal's house. Kamal was called downstairs by the appellant through the co-accused, Hans Raj. He went downstairs and left with them whereafter he never returned. As per the prosecution case, the appellant and the two co-accused had committed the murder of Kamal Verma. The appellant surrendered on 17.12.1998. His disclosure statement (Ex.PW-9/2) was recorded by the police and on his disclosure, the alleged weapon of offence, a kulhari (axe) was recovered and sent along with the other exhibits to the FSL.