1. The appellant has assailed the judgment dated 16th of April, 2009 finding him guilty for commission of offences under Sections 302/201 of the Indian Penal Code. The appellant was heard on sentence and by an order dated 20th April, 2009, the learned Trial Judge sentenced the appellant to imprisonment for life and payment of Rs.10,000/- as fine and in default of payment of fine, the appellant was sentenced to undergo further simple imprisonment for a period of three months for commission of offence under Section 302. So far as the sentence for commission of the offence under Section 201 IPC is concerned, the learned Trial Judge sentenced the appellant to undergo rigorous imprisonment for three years and to pay Rs.3,000/- as fine in default thereof to undergo simple imprisonment for a further period of three months. It was also directed that the sentences shall run concurrently and the appellant was directed to be entitled to the set off in terms of Section 428 of the Cr.P.C, in respect of the period already undergone by him during judicial custody.

2. The prosecution commenced on receipt of telephonic information received at 06:40 A.M. on the 17th of April, 2002 by the PCR which was passed on by Lady Constable Hemlata of the PCR net of the South West District of Delhi to the police station Dabri scribed as DD No.9 (Ex.PW3/B) to the effect that a dead body was lying at the Shivani Senior Secondary School, Mahavir Enclave, Palam. The report was handed over to PW18 - Sub-Inspector Tara Chand who, accompanied by PW7 - Ct. Jaipal Singh, proceeded to the spot.

3. The two police officials found a naked headless male body lying on its stomach in the lane behind the Shivani Senior Secondary School. There was some blood near the body while spots of blood were found on the nearby wall. The thumb of the right foot had been split open while the left shoulder bore an injury inflicted with a sharp weapon. As per the police officials, the circumstances and the small quantity of blood lying there suggested that the person had not been killed at the spot but was thrown at the spot after being killed elsewhere. Despite search, the head of the body could not be traced. No eye-witness was also available.

4. An endorsement in the above terms was effected on DD No.9 (Ex.PW18/A) which was returned to the Police Station Dabri. On receipt of this information, FIR No.286/2002 dated 17th April, 2002 under Sections 302/201 of Indian Penal Code (Ex.PW3/A) was registered. The same was handed over to the PW20 - Inspector Lakhwinder Singh for investigation.

5. After completion of investigation, a charge sheet was filed against the appellant. The following charges were framed against him by an order dated 23rd May, 2003:-

“ CHARGE I, R. Kiran Nath, Addl. Sessions Judge, New Delhi, do hereby charge you accused Ravinder Kumar S/o Baro Mehto as under :-

That on the night intervening 16/17.4.02 at Shiv Vani Sr. Sec. School, Mahavir Enclave, Part-I, within the jurisidiction of PS Dabri you committed murder of Sanjay @ Dashrat and you thereby committed an offence punishable under Section 302 IPC and within the cognizance of this court. Secondly, on the abovesaid date, time and place you hide the skull of Sanjay @ Dashrat in the aforesaid school in order to causing disappearance of evidence of the offence in order to scream yourself from the legal punishment and you thereby committed an offence punishable under Section 201 IPC and within the cognizance of this court. And I hereby direct that you be tried by this court for the aforesaid charge. ASJ, New Delhi”

6. There was no eye-witness to the crime. The case of the prosecution rested on circumstantial evidence.

7. In support of its case, the prosecution examined 20 witnesses. The statement of the appellant under Section 313 of the Cr.P.C. was recorded. We find that the prosecution attempted to lead evidence with regard to; (i) Time of occurrence. (ii) Place of occurrence. (iii) The deceased having been last