Crl.A.No. 711/2014

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$~R-25 (Part-A)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.A. 711/2014

Reserved on: 29^th July, 2015

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Date of Decision: 24^thNovember, 2015

KUNDAN SINGH

..... Appellant

Through:

Mr. Ajay Verma, Ms. Neha Singh and

Ms. Ananya Mitra, Advocates.

versus

THE STATE

..... Respondent

Through:

Ms. Ashaa Tiwari, APP with ACP

K.P. Kukreti.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA

HON'BLE MR. JUSTICE R.K.GAUBA

SANJIV KHANNA, J:

1.

In this appeal, Kundan Singh challenges judgment dated 18^th January,

2014, passed in S.C. No.32/2008 arising out of charge sheet filed in

FIR No.592/07, Police Station Mehrauli, convicting him under Section

302 of the Indian Penal Code, 1860 (IPC, for short) for murder of his

friend Vipin Kumar. The appellant has also been convicted under

Section 201 and 404 IPC.

2.

By order on sentence dated 21^st January, 2014, the appellant has been

sentenced to imprisonment for life, fine of Rs 15,000/- for the offence

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under Section 302 IPC with a direction that in default of payment of

fine, the appellant shall undergo rigorous imprisonment of one year.

For the offence under Section 201 IPC, the appellant has been

sentenced to rigorous imprisonment of seven years, fine of Rs.5,000/-,

and in default of payment of fine, to undergo rigorous imprisonment of

six months. For the offence under Section 404 IPC, the appellant has

been sentenced to three years‟ rigorous imprisonment and a fine of

Rs.5,000/-. On failure to pay the fine, the appellant will undergo

rigorous imprisonment of six months. Benefit of Section 428 Code of

Criminal Procedure, 1973 (Cr.P.C) would be given.

3.

Before we elucidate and adjudicate upon the contentions raised by the

appellant with reference to the evidence led by the prosecution, it would

be appropriate to note the case of the prosecution in brief.

4.

On 13^th August, 2007, at about 8.45 p.m., one Brahm Singh, who has

deposed as PW1, noticed an unknown person throwing a black colour

rexine bag in the jungle near Lado Sarai bus stand. Brahm Singh

(PW1), who at that time was going in a car, stopped the car, but the said

person fled from the spot on a motorcycle parked near the bus stand.

Brahm Singh could not note down the exact number of the motorcycle

except noticing that the motorcycle had a number with the letters „KA

9735‟. Contemporaneously, Constable Raghubir Singh (PW13) came

running to the spot as he had also seen the same incident. Constable

Raghubir (PW13) and Brahm Singh (PW1) proceeded to open the said

black colour rexine bag upon which parts of a human body in the form

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of two hands (chopped), two legs (chopped from the knee) and a head,

without the torso, of a male person were found.

5.

On the statement of Brahm Singh (PW1) marked Ex.PW1/A, FIR

No.592/2007 marked Ex.PW21/A was registered at Police Station

Mehrauli. The identity of the person, whose body parts were found in

the bag, could not be ascertained. Wireless text messages sent to the

SHOs of Delhi and National Capital Region did not help. Inquest

papers, under Section 171 Cr.P.C. were prepared and post-mortem, vide

report marked Ex.PW-25/A, was conducted at the All India Institute of

Medical Sciences (AIIMS) on 21.08.07, after which the remains of the

unidentified person were cremated.

6.

On 10^th September, 2007, one Nirbhay Prashant (PW3), on seeing the

photographs/advertisement published for identification of the deceased,

came to Police Post IGNOU, Mehrauli and identified the deceased as

Vipin Kumar, son of late Kanahiya Singh and husband of his sister.

Nirbhay Prashant (PW3) disclosed that the deceased used to work at

Hotel Plaza Soliter, Gurgaon and he (PW-3) had lodged a missing

report of Vipin Kumar at the Police Station Civil Lines, Gurgaon on 5^th

September, 2007. Other relevant i