Crl.A.No.979/2005 Page 1 of 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.A.No.979/2005

RAJ KUMAR @ RAJU

..... Appellant

Through: Mr.Rajesh Mahajan, Advocate.

versus

THE STATE (G.N.C.T. of Delhi)

..... Respondent

Through: Ms. Richa Kapoor, Advocate

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MR. JUSTICE SURESH KAIT

1.

Whether the Reporters of local papers may be

allowed to see the judgment?

No.

2.

To be referred to the Reporter or not? No.

3.

Whether the judgment should be reported in

the Digest?

No.

PRADEEP NANDRAJOG, J. (ORAL)

1. Jagdish Prasad Aggarwal was admittedly murdered in the

intervening night of 31.12.2002 and 01.01.2003. The motive

was robbery, as cash and gold ornaments in the house of the

deceased were found missing.

2. Appellant Raj Kumar @ Raju and two other persons;

namely, Bhagwan Dass and Shiv Charan were accused of

committing the robbery and murdering Jagdish Prasad

Aggarwal.

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Crl.A.No.979/2005 Page 2 of 7

3. When the Investigating Officer SI Narsi Lal PW-17

reached the house of the deceased in the morning of

01.01.2003 he recovered two mixer grinder jugs, Ex.P-1 and

Ex.P-2 from the house as recorded in the seizure memo Ex.PW-

1/A, on which HC Sher Pal Singh PW-7 lifted a chance

fingerprint from the jug Ex.P-1.

4. The appellant was arrested on 26.02.2003 and on the

same date a wrist watch was got recovered from him. His

disclosure statement Ex.PW-14/F was recorded as per which he

informed that a television belonging to the deceased had been

stolen by all three accused and that the same was taken by

Bhagwan Dass to his house and that later on he got it

transported to the house of Rajori at Faridabad. The television

set Ex.P-4 is shown to have been recovered at the instance of

the appellant from a house in Badarpur as recorded in the

seizure memo Ex.PW-20/A.

5. A test identification of the wrist watch got recovered by

the appellant and the television got recovered by the appellant

was conducted on 22.05.2003 before Shri.S.S.Rathi PW-6, then

functioning

as

a

Metropolitan

Magistrate,

New

Delhi.

Ramanand PW-3 was the witness at the TIP and as recorded in

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Crl.A.No.979/2005 Page 3 of 7

the record of the proceedings Ex.PW-6/B, correctly identified

the wrist watch and the television.

6. There exists a report Ex.PW-11/A prepared by Shri

R.N.Rawat PW-11, Senior Fingerprint Expert, opining that the

sample fingerprints of the appellant matched the chance prints

developed on the jug Ex.P-1 which was seized at the spot

where the crime was committed.

7. Eschewing reference to the evidence against the co-

accused who have been acquitted and in respect of whom the

acquittal has attained finality, suffice would it be to record that

the incriminating evidence held proved by the learned trial

Judge against the appellant is that on the jug Ex.P-1, his

fingerprint being found evidence the presence of the appellant

in the house of the deceased. That the appellant was found in

possession of the wrist watch Ex.P-3 of the deceased and

pursuant to his disclosure statement got recovered the T.V.

Set Ex.P-4 evidenced the appellant being in possession of the

fruit of the crime. The twin, have been held to be a complete

chain of circumstances wherefrom the guilt of the appellant

can be inferred.

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Crl.A.No.979/2005 Page 4 of 7

8. Pertaining to the evidence that on the jug Ex.P-1, the

chance fingerprint lifted was that of th