Crl.A. 246/2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.APPl. No.246/2016

DEEPU

.....Appellant

Through

Ms.Saahila Lamba, Adv.

DHCLSC

Versus

STATE

... Respondent

Through

Mr.Amit Gupta, APP with Insp.

Rajender Singh P.S. Mayur

Vihar.

CORAM:

HON'BLE MR. JUSTICE MUKTA GUPTA

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J.

1. This appeal has been filed by the appellant Deepu challenging

his conviction under Section 302 of the Indian Penal Code, 1860 and

under Section 25 of the Arms Act vide order dated 26^th March, 2015

passed by the Additional Sessions Judge, (FTC) E-Court, Shahdara,

Karkardooma Courts, Delhi in Sessions Case No.29/2012. The

appellant further challenges the order dated 26^th March, 2015 passed

by the learned Additional Sessions Judge sentencing him with life

imprisonment and with fine of Rs.10,000/- under Section 302 IPC and

3 years RI with fine of Rs.5,000/- under Section 25 of the Arms Act.

Crl.A. 246/2016

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2. The case of the prosecution is that on 7^th March, 2012 at around

9.40 pm, information was received at P.S. Mayur Vihar from duty

Constable, LBS Hospital that Suraj Bali s/o Late Sh.Bahadur

(hereinafter referred to as the deceased) has been brought dead to the

hospital by his brother Charan Pal (PW-6). MLC (Ex.PW11/A)

records the time of arrival as 9.55 pm. On receipt on this information,

ASI Shailender Singh along with Constable Rajkumar (PW7) reached

the Hospital. They met Uncles of the deceased namely Harish (PW-4)

and Ashok (PW-5) as also brother of the deceased Charan Pal at the

hospital. Statement of Harish was recorded wherein he has stated that

on 7^th March, 2012 at about 9.00 PM while taking walk after meals, he

reached at 19 block chowk near the shop of Dharam Kabari at Trilok

Puri and saw the appellant lifting the knife from his rehri and piercing

it in the chest on the deceased, due to which the deceased fell down

and started bleeding. On seeing this, public gathered at the spot. On

hearing the noise, Charan Pal and Ashok Kumar also reached there.

The appellant ran away from the spot. The deceased was rushed to

the hospital, where he was declared brought dead. After recording the

statement of Harish, ASI Shailender Kumar along with Constable

Rajkumar, Harish, Ashok and Charan Pal came to the place of

incident and found blood lying on the road in front of the shop of

Dharam Kabari. In the meanwhile, SHO PS Mayur Vihar came to

the spot. The Crime Team also came to the spot. Photographs were

taken of the spot. The Crime Team inspected the body of the

deceased and found deep cut wound over the right side chest of the

deceased. Rukka (Ex.PW8/A) was prepared on the statement of

Crl.A. 246/2016

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Harish and sent to the police station for registration of the FIR. Blood

stained clothes and chappals of Harish, Ashok and Charan Pal were

seized. Investigation was handed over to Inspector Amleshwar Rai

(PW22) for investigation. He, along with SI Bhanu Kanwaria (PW-

23) and Constable Raj Kumar went in search of the appellant. They

received information that the appellant was present in his house and

was about to leave. They rushed to the house of the appellant at

32/168, Trilok Puri, where he was arrested. The appellant made a

disclosure statement (Ex.PW22/D) and got a knife recovered from his

room lying under the TV trolley. A sketch of the knife (Ex.PW22/E)

was prepared. T-shirt and lower worn by the appellant were also

seized. Post mortem of the body of the deceased was conducted on 8^th

March, 2012 (Ex.PW13/A) and the cause of death was stated as

under:-

cause of nature. Homicidal death.”

3. On 26^th April, 2013, Dr.Vinay Kumar Singh (PW-13) gave his

opinion (Ex.PW13/C) that injury Nos.1 and 2 found on the body of

the deceased and cuts in the cloths could be caused by the knife

recovered at the instance of the appellant. In the FSL and D