IN THE HIGH COURT OF DELHI AT NEW DELHI
S. P. GARG, C. HARI SHANKAR, JJ.
Lalu Pasi – Appellant
Versus
State – Respondent
CRL.A. No. 921 of 2015 & CRL. M.B. 1607 of 2017
Decided On : 28-10-2017
C. HARI SHANKAR, J.
1. This appeal, at the instance of the accused Lalu Pasi, challenges the judgment, dated 13th July 2015, passed by the learned Additional Sessions Judge (West)-04, Tis Hazari (hereinafter referred to as “the learned ASJ”), whereby and whereunder the learned ASJ has held the appellant guilty of murdering his father-in-law Hira Lal and convicted him, accordingly, under Sections 302/201 of the Indian Penal Code, while acquitting him under Section 404 thereof. Also under challenge is the subsequent order on sentence, dated 16th July 2015, whereby the learned ASJ has sentenced the appellant to imprisonment for life and fine of Rs.5,000/- for the offence under Section 302 IPC, with default sentence of one year, along with a sentence of rigorous imprisonment for 3 years and fine of Rs.2,000/- for the offence under Section 201 IPC with default SI for six months. The sentences have been directed to run concurrently.
2. The facts, as alleged by the prosecution, do not admit of any complexity. They may be stated as follows.
3. On 11th February 2011, at about 9 pm, Hira Lal went to visit his daughter Rekha, i.e. the wife of the appellant. On his failing to return even by the next day i.e. 12th February 2011, enquiry was made from the appellant, who stated that his father-in-law had left the house at about 10.30 pm on 11th February, 2011, after dinner. Hira Lal could not be located on 12th February, 2011; however, on 13th February 2011, his dead body was found, hidden amongst stones near the drain (Ganda Nala). The dead body bore several injury marks, primarily on the face.
4. As he was the last person who had seen Hira Lal alive, the appellant was treated as the main suspect. He, initially, absconded but was subsequently arrested on 05th May 2011. The prosecution alleged that, during investigation, it was found that the appellant had murdered his father-in-law, Hira Lal for two reasons, firstly, because he had been scolded/beaten by Hira Lal owing to his misbehaviour towards his wife, i.e. Rekha, and, secondly, because the appellant had seen, in the pocket of Hira Lal, some currency notes of Rs.500/- each, which he wanted to purloin.
5. Consequent to completion of investigation, charge sheet was filed against the appellant u/S 302/404 and 201 IPC. The matter was committed to the Court of Sessions, and was received by the said Court on 30th August 2011.
6. Subsequently, charges were framed against the appellant under Sections 302/404 and 201 IPC. The appellant pleaded not guilty and was, therefore, set up for trial.
7. The following witnesses were examined by the prosecution:
|
| Name | Role |
| PW-1 | Badku | Son of Hira Lal |
| PW-2 | Rekha | Wife of appellant |
| PW-3 | Subhash Chand | Head Constable |
| PW-4 | Ram Swarup | Neighbour |
| PW-5 | Jai Singh | Initial Investigating Officer |
| PW-6 | Manoj Dhingra | Doctor who conducted post mortem |
| PW-6A | Surat Singh | SI (retd) who arrived at the spot |
| PW-7 | Rakesh | IO who later joined investigation |
| PW-8 | Ajeet Singh | In-charge Mobile Crime team |
| PW-9 | Anil Kumar | Member/photographer with Crime team |
| PW-10 | Ram Avtar | MHC (M) |
| PW-11 | Sunil Kumar | IO who later joined investigation |
| PW-12 | Mahesh Kumar | Draftsman |
| PW-13 | Sunil Kumar | Delivered Special Report |
| PW-14 | Jai Bhagwan | HC who later entered investigation |
8. Consequent to the completion of prosecution evidence, the statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) on 4th April 2015. While denying the case of the prosecution, the appellant opted not to lead any evidence in his defence.
9. Before the ASJ, the learned Additional PP appearing for the State, sub
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