Decided on July 13,2007

SACHIN Appellant


P.K.BHASIN, J. - (1.) The appellant has challenged his conviction under Sections 302/201 IPC vide judgment dated 8-5-06 passed by the learned Additional Sessions Judge, Rohini Courts, Delhi in Sessions Case No. 42/06 arising out of FIR No. 28/03 registered at Uttam Nagar police station as also the order of the same date whereby the trial Court sentenced the appellant " accused to life imprisonment and also to pay a fine of Rs. 10,000/- in default of payment of which to undergo simple imprisonment for one year for his conviction under Section 302 IPC and RI for three years and fine of Rs. 3000/- in default of payment of which to undergo simple imprisonment for three months for his conviction under Section 201 IPC.
(2.) The appellant " accused was tried for the offences punishable under Sections 364/302/201/34 IPC along with one Mukesh who has since been acquitted by the trial Court.
(3.) The prosecution case as noticed by the learned Trial Judge in para no. 1 of the impugned judgment is as follows:- "The complainant Baldev Raj Mahajan lodged a missing report dated 18.12.2002 vide DD No. 7A at PS Uttam Nagar about his son Rajiv Mahajan who was reportedly missing since 13.12.2002 from his plastic factory situated at Nawada, Delhi. Thereafter, on 9.1.2003, complainant preferred a written complaint to SHO, PS Uttam Nagar stating that his son Rajiv Mahajan has been missing since 13.12.2002 with his Maruti Zen Car No.DL 6CD 7949 and carrying two mobiles phones No.9868208865 and 9891020149. The complainant also named Sachin S/o Daya Nand and Mukesh S/o Chandra Bhan, the accused persons in the present case who had accompanied his son on 13.12.2002. On the basis of the above mentioned complaint dated 9.1.2003, case FIR U/s 365 IPC was registered and investigation was handed over to SI Deepak Malik. According to the prosecutioin, accused Sachin was apprehended on the basis of secret information on 14.1.2003 who got the dead body of Rajiv Mahajan recovered from a dry well situated under a tree on the road leading towards Kanjhawala. The dead body was taken out from the well and the scene was photographed. Two rings belonging to the deceased were also recovered from the well, disclosure statement of accused Sachin was recorded. Accused Sachin disclosed that he alongwith co-accused Mukesh committed murder of deceased Rajiv Mahajan by strangulating him and thereafter, his dead body was burnt and thrown in the well. The car of the deceased was left by the accused persons at Solan which was also recovered. ATM Card belonging to deceased was also recovered at the instance of accused Sachin. On 19.1.2003 accused Mukesh was also arrested and his disclosure statement was recorded. One wrist watch belonging to deceased was recovered at the instance of accused Mukesh.";

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