The court affirmed that a conviction can be established through circumstantial evidence, particularly last seen evidence and corroborating recovery linking the accused to the crime.

JUDGMENT

Anish Dayal, J.

1. This appeal assails the impugned judgment and order of the learned Trial Court dated 12th July, 2018 convicting the appellant for offences punishable under Section 364/365/302/201/34 IPC. Co-accused Vijay Pehalwan was also convicted for the same offences as the appellant, however, was absconding by the time the sentencing order was passed on 26th July, 2018 and was declared a proclaimed offender and arguments on sentencing on behalf of Vijay Pehalwan could not be heard and remained pending awaiting his production. The appeal also assails the order on sentence dated 26th July, 2018 sentencing the appellant to rigorous imprisonment for life and a sum of Rs.10,000/- as fine (one year simple imprisonment for default in payment) for offence punishable under Section 302/34 IPC, rigorous imprisonment for ten years and fine of Rs. 5000/- (six months simple imprisonment in default) for offence punishable under Section 364/34 IPC, rigorous imprisonment for five years and fine of Rs. 3000/- (six months simple imprisonment in default) for offence punishable under Section 365/34 IPC and rigorous imprisonment for three years and fine of Rs.2000/- (two months simple imprisonment in default) for offence punishable under Section 201/34 IPC. All sentences were to run concurrently. The impugned judgment and order also acquitted the appellant of offence under Section 25 of the Arms Act.

The Incident

2. As per the case of the prosecution on 26th May, 2011 at around 10:30 p.m., a missing report vide a DD No.62-B (Ex. PW-2/DB) was registered at PS Vasant Kunj (North) on the complaint of PW-2 Baljit Singh who stated that his father Raghuvir Singh (deceased) aged around 62 years had left home at 8:00 a.m. on that day, had gone to the plot bearing No.150A/9, Kishangarh, Delhi as per routine and had not returned home. He further stated that his mother was also there with his father but around 10:00 a.m. his father was conversing with a man who had arrived in a long vehicle of yellow colour and was taken by him in the car which was being driven by another person. An FIR No.127/2011 under Section 365/34 IPC was registered. On the next day 27th May, 2011 at about 12.00 p.m., the complainant again visited the police station and informed that he had come to know that co-accused Vijay Pehalwan who was their neighbour was the one who had taken away the deceased in his car which was being driven by somebody else. He stated that Vijay Pehalwan had criminal antecedents and had threatened the victim at the complainant's shop at about 10-15 days ago in relation to a money matter and he must have abducted the victim. During inquiry, the IO obtained the CDR of mobile number of Vijay Pehalwan (9911730966) provided to him by PW-1 and PW-2 and found that there was a call between the said number and the complainant's mobile number (9911222561) and the current location of Vijay Pehalwan's phone number was shown at Vadodara, Gujarat. After seeking permission from seniors, the IO along with the complainant and police staff left for Vadodara and reached the next day, however, they could not find the accused and returned to Delhi on 31st May, 2011. On 1st June, 2011, the IO came to know about the recovery of a dead body of an unknown man within the jurisdiction of PS Sushant Lok, Gurgaon qua which FIR No.114/2011 had been registered. He visited the police station where he was shown photographs of the dead body and was informed that post mortem had been done and the body had been cremated by officials of PS Sushant Lok, Gurgaon. The complainant was called to PS Vasant Kunj (North) and when shown the photographs, he identified the dead body and clothes to be of his father (victim) and his statement was recorded as Ex. PW-2/C. On 18th June, 2011 accused Vijay Pehalwan who was in custody at PS Vasant Kunj (South) in relation to FIR No. 127/2011, disclosed that he was responsible for the murder of the deceased along with his accomplice, the appell