The Last Seen Theory, arrest, recoveries, medical evidence, and motive were crucial in establishing the guilt of the accused and upholding their conviction under Sections 302/201/34 IPC.

JUDGMENT

I.S. Mehta, J.:

1. Instant appeals are arising out of a common judgment dated 19.12.2017 and order on sentence dated 06.01.2018 in SC No. 52212/16 arising out of FIR No. 395/2007 under Sections 302/201/34 IPC PS Punjabi Bagh, Delhi. Both the Appellants have been convicted under Sections 302/34 IPC and sentenced to undergo Life Imprisonment with fine of Rs. 30,000/- each and in default to undergo further Simple Imprisonment for one year. For the offence under Sections 201/34 IPC they have been sentenced to undergo Rigours Imprisonment for five years with fine of Rs. 5,000/- each and in default to undergo further Simple Imprisonment for six months. All the sentences were directed to run concurrently.

2. The brief facts stated are that on 31.05.2007 at about 11 PM, a DD, DD No. 87B Ex.PW9/A was registered at PS Punjabi Bagh. As per the DD, a sack (katta), blood stained from outside, was found lying on Diesel road which leads to Madipur.

3. On receiving this information, ASI Ombir Singh alongwith Ct. Hawa Singh visited the spot and found a blood stained pink colour sack containing torso of a man. The head, legs and arms were missing from the said torso. Torso was dressed in a banyan and underwear which were also stained with blood.

4. ASI Ombir on basis of DD No. 87B prepared a Rukka Ex.PW16/A and handed over the same to Ct. Hawa Singh and sent him to PS Punjabi Bagh. Ct. Hawa Singh came back at the spot alongwith computerized copy of FIR Ex.PW9/B and I.O. Inspector Gurmeet Singh too reached at the spot who called the Crime Team, Photographer and Dog Squad. Earth control was taken and blood sample from the torso was also taken, parcels were prepared with seal of GSP and site plan of the spot was prepared. The torso parcel was deposited in Mortuary of Sanjay Gandhi Memorial Hospital for preserving.

5. The missing person squad was informed and pamphlets were got printed and special team was constituted for distributing the pamphlets in different places.

6. On 03.06.2007 while Ct. Sanej and Ct. Harjeet were distributing the pamphlets in D-Block, J.J. Colony, Shakurpur, Delhi they met a lady, Smt. Babita PW4 who told them her brother Raju @ Raj Kumar R/o D-526, J.J. Colony, Shakurpur, Delhi was missing for the last 3-4 days and her sister-in-law (bhabhi) Meera Devi has not given a satisfactory reply about his missing. Thereafter, both constables suspected the circumstance under which Raj Kumar went missing and took Babita to PS Saraswati Vihar where Missing Person Register was maintained. On checking the Register they did not find any missing report of deceased Raju @ Raj Kumar. On this, Ct. Sanej Kumar telephonically informed IO Inspector Gurmeet Singh about the same. ASI Ombir Singh and Ct. Hawa Singh talked to Babita in this respect and took Babita to mortuary of Sanjay Gandhi Memorial Hospital where a torso was shown to her and complainant Babita identified the torso to be of her brother Raj Kumar on the basis of old injury mark on the shoulder, underwear and banyan.

7. She further narrated to the police that deceased before going missing told her, his wife has illicit relationship with neighbour Kanwar Singh @ Haduman and she, thus, suspected involvement of Kanwar Singh and Meera Devi in commission of crime. On this information, two police teams were constituted for taking further action. Thereafter, on 03.07.2007 raiding team reached at J.J. Colony, Shakurpur. First team consisting of SHO, Lady Ct. Sudesh and Ct. Harjeet apprehended Meera Devi and after interrogation she was arrested at 4 PM. Second team consisting of ASI Ombir, Ct. Sanej and complainant Babita identified Kanwar Singh and apprehended him and after interrogation he was arrested from his House No. D-528, J.J. colony, Shakurpur, Delhi at about 4:30 PM.

8. Subsequently,