VIJAY Vs. STATE

JUDGEMENT

(1.) This is an appeal by Vijay Siagh (25) son of Fateh Singh, teacher, resident of Kumera district Meerut, UttarPiadesh, who was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment for having murdered his cousin. Bishamber, by judgment dated March 27, 1976, of the Additional Session? Judge, Delhi.

(2.) Briefly the facts are that on January 27, 1975 at about 12 noon, Raghunath (Public Witness 14). resident of village Burari, Delhi, noticed a dead body lying naked in his field. He informed a number of persons including Hari Prakash (Public Witness l3), who advised him to apprise the police Raj Bal Tyagi (PW 16), on being approached by Raghunath, informed Police Control Room by making use of his telephone N0. 25372 that a dead body was lying in a field in village Burari. Sub Inspector Ranjit Singh (Public Witness 28) made entry in the daily diary (copy Ex. Public Witness Public Witness 28/A) and deputed Control Room van to the spot and informed Police Station, Civil Lines, Delhi, which in turn informed police post Timarpur. Thereupon, ASI jeet Singh (Public Witness 31) (now Sub Inspector) rushsd to the spot and found the dead body of a healthy youngman lying naked in the field of Raghunath. Interline was protruding out through a wound on abdomen and there were injuries on chest, neck, arm and waist at various places appearing to have been caused by a sharpedged weapon. Besides, there were marks of rampag in the field. Inspector Tarlochan Singh (Public Witness 40), Station House Officer, Police Station Civil Lines, Dehii, who happened to be on patrol duty in a. palice van received information through wireless message and reached the spot aid found ASI Jeet Singh along with a number of persons belonging to village Burari surrounding the dead body. ASI Jeet Singh prepared rukka (Ex. Public Witness Public Witness 2 /A) and despatched it at 7.15 p.m. Head Constable Pritam Singh (Public Witness 29) who was functioning as Duty Officer recorded formal first information report, carbon copy of which is Ex. Public Witness PW29/B, on the basis of the said rukka and, in this way, case under section 302 of the Indian Penal Code cams to bs registered.

(3.) Inspector Tarlochan Singh summoned the Crime Team which arrived soon along with the Dog Squad. Photographs of the scene were taken and blood stained earth was lifted from the place where the dead body was lying- Blood was also lifted from two other places. Sample earth, too, was lifted. Injury sheet (Ex. Public Witness Public Witness 40/B) and inquest report (Ex Public Witness Public Witness 40/C) were prepared. The dead body was placed in the pick-up and was taken around 40 to 50 villages in the neighbourhood but nobody could identify the same. Eventually, Head Constable Parkash Singh (Public Witness 30) took the dead body to the mortuary in the afternoon of January 28, 1975. Dr. A.K. Acharya (Public Witness 1) of the police Hospital, Delhi, conducted post mortem examination on January 29, 1975 at 12 noon. He observed the following external injuries: