RAM KISHORE @ CHHOTU Vs. STATE OF N C T OF DELHI
LAWS(DLH)-2007-11-199
HIGH COURT OF DELHI
Decided on November 05,2007

RAM KISHORE @ CHHOTU Appellant
VERSUS
STATE OF N C T OF DELHI Respondents

JUDGEMENT

- (1.) Criminal Appeal No.528 of 2005 is directed against judgment dated 31.3.2005 of the Additional Sessions Judge, Delhi, in Sessions Case No. 23 of 1999, arising out of F.I.R. No.675 of 1999, Police Station Nangloi, convicting the appellant for the offence punishable under Section 363 IPC read with Section 302 IPC. The learned Additional Sessions Judge vide separate order dated 23.4.2005 sentenced the appellant to life imprisonment for the offence under Section 302 IPC with a fine of Rs.1000/-, in default of payment of fine, further rigorous imprisonment for three months; rigorous imprisonment for seven years under Section 363 IPC with a fine of Rs.1000/-, and in default of payment, further rigorous imprisonment for three months. Both the sentences were directed to run concurrently.
(2.) Brief facts of the Prosecution case are as under : "The complainant, Smt. Bimla, in the evening of 18.06.1999 lodged a complainant Police Station Nangloi that her son had been missing since morning and that she was having suspicion on accused, Ram Kishore, who might have kidnapped her son as he was having inimical terms with her. Initially, a case under Section 363 IPC was registered. On 20.06.1999 the dead body of the boy was traced and the case under Section 302 IPC was registered against the accused. Charges under Sections 363/302 IPC were framed to which the accused pleaded 'not guilty' and claimed trial."
(3.) The Prosecution, in order to establish their case, examined as many as 22 witnesses of which PW-1, Madan, is the photographer who took photographs of the place of occurrence and proved Exhibit PW 1/1A and PW 1/2A and their negatives Exhibit PW-1 to PW-3. PW-2, Ram Swaroop, grand father of the deceased, identified the dead body.;


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