LALIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has assailed the judgment of conviction dated 19.04.2006 and order of sentence dated 21.04.2006, passed by the learned Additional Sessions Judge, Gurgaon, in Session Case No. 50 30.10.2003, emanating from FIR No. 55 dated 04.02.2003, under Section 302 IPC, Police Station DLF Gurgaon, whereby, he was convicted for commission of an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo imprisonment for 02 months.

(2.) The case of the prosecution is that on 04.02.2003, Sabha Ram ASI (PW-11) got telephonic information that one dead body was lying in the area of Chander Lok and one scooter was also lying parked near that dead body. Thereupon, he along with other police officials, reached at the spot where, Gobind Ram (complainant/PW-5) met him and the latter, got recorded his statement Ex.PF to the effect that he and Raghuvar Dutt (deceased) were employed in Shri Kuberji Construction Company. On 03.02.2003, after duty hours at about 7.45 p.m., he and Raghuvar Dutt (deceased) proceeded towards their room at Chakerpur on scooter bearing registration No. HR-26-L 0758, which was being driven by the deceased (Raghuvar Dutt) and near Bristol Hotel, they went to PCO booth for making telephone call to the owner of Kuberji Construction Company. Two boys were sitting there, who were known to the deceased (Raghuvar Dutt) and on seeing the latter, they uttered that he had met him after one year. Deceased (Raghuvar Dutt) introduced one of them as Dinesh Chand Bhatt and other as Lalit (appellant, herein). Dinesh Chand Bhatt told that he was residing in Delhi and his telephone number was 26615359 and, whenever, he wanted to see him, he could ring him up. Dinesh Chand Bhatt was resident of Pithoragarh while Lalit (appellant) was resident of District Champawat.

(3.) After sometime, Raghuvar Dutt (deceased) and Dinesh Chand Bhatt and the appellant (Lalit) purchased two halves of liquor and started consuming liquor. Gobind Ram (complainant) remained sitting there, as he was not in the habit of drinking. Thereafter, Raguvar Dutt (deceased) proceeded with Lalit (appellant) and Dinesh Chand for leaving them at their room, whereas, complainant (Gobind Ram) left for his room. It was on the next morning, at about 9.30 a.m., complainant (Gobind Ram) got information that one dead body was lying near Chander Lok Tubewell and one scooter was also lying parked near the dead body, thereupon, he reached the spot and found that scooter No. HR-26-L 0758 was lying parked there, as also, the dead body of Raguvar Dutt (deceased) was lying in the drain, facing towards earth and blood had been oozing out of the injury on the head. Then, he informed the brothers of Raghuvar Dutt (deceased), who also reached at the spot. On the basis of statement Ex.PF, formal FIR Ex.PN was recorded by Prem Chand ASI (PW-10).