Pratibha Rani, J. (Oral)

1. By filing the present appeal, the Appellant impugns the judgment dated 27.10.2010 and order on sentence dated 29.10.2010 passed in Sessions Case No.91/09. The Appellant has been convicted for having committed the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- and in default to pay the fine, to undergo R.I. for six months.

2. In brief, the prosecution’s case is that on 12.07.2006 at 10.41 PM an information was received at PS Mandir Marg that a person was lying unconscious near Nehru Chowk, RPF Office, Panchkuian Road, Delhi. The information was recorded vide DD No.23-A Ex.PW10/A and assigned to SI Rajwant who visited the spot and found one person lying at the spot with injuries on his head. One half filled liquor bottle alongwith empty tumbler, one plastic mug, one boiled egg and some salt (on a piece of newspaper) were also found lying nearby. CAT Ambulance A-11 was at the spot and Mr.Anil Aggarwal, Incharge of Ambulance, RML Hospital, on checking, found the injured to be dead. The injured was taken to Lady Hardinge Medical College/Smt. S.K.Hospital, New Delhi where he was declared ‘Brought Dead’. Identity of the injured remained ‘Unknown’. SHO Inspector Ram Kishan also reached the spot, conducted necessary investigation there and after obtaining MLC from the hospital, he sent rukka Ex.PW14/A through Ct.Satish for registration of the case on the basis of which FIR No.282/2006 was registered at PS Mandir Marg.

3. During investigation, two eye witnesses i.e. PW-2 Charan Singh @ Chunva and PW3 ‘R’ (name of the witness withheld being minor) surfaced and they disclosed the identity of the offender to be Rakesh Kumar Shukla i.e. the Appellant and of the deceased as Babloo. The IO made efforts to ascertain the complete identity of the deceased. Various search operations were conducted to apprehend the offender. Ultimately on 17.07.2006 the Appellant was arrested from House No.23, Chander Vihar, IIIrd Floor, Mandawali, Delhi and from there, at his behest, one T-shirt used by him to wipe out the blood from his pant, was seized. The wooden support with which he hit the deceased was also got recovered by him from the bushes inside the LHMC Boundary Wall, opposite Block No.112 LHMC staff quarters. He was sent for medical examination where the clothes which he was wearing at that time, were also seized as they were also having some blood stains.

4. On arrival of father of the deceased and identification of the dead body, post-mortem was got conducted on 18.07.2006. On 04.08.2006, opinion of the doctor was also obtained as to whether the injury could be caused with the wooden support. The opinion confirmed that the injury suffered by the deceased could be caused by the wooden support which was got recovered by the Appellant. The postmortem report summarised the cause of death as :

“Cranio cerebral damage as a result of blunt force impact. All injuries are antemortem in nature and fresh in duration. Injury No.4 and 5 with their corresponding internal injury are sufficient to cause death in ordinary course of nature collectively as well as individually”.

On completion of investigation, chargesheet was filed against the Appellant Rakesh Kumar Shukla for committing the offence punishable under Section 302 IPC. Subsequently CFSL result was also obtained and filed in the Court.

5. Prosecution examined 15 witnesses in support of its case. Statement of Appellant was recorded under Section 313 CrPC. On appreciation of entire evidence and believing the testimony of the two eye witnesses i.e. PW-2 and PW-3, the Appellant was convicted for committing the murder of deceased Surya Prakash @ Babloo and sentenced in the manner stated to above.

6. We have heard Mr.K.B.Andley, learned Senior Advocate for the Appellant as well as Mr.Narender Choudhary, learned APP for the State. We have also examined the testimony of material prosecution witnesses as well the d