Decided on March 29,2007

GIAN CHAND Appellant
STATE OF DELHI Respondents


S.L.Bhayana, J. - (1.) This is an appeal arising out of the judgment dated 26.04.1994 and sentence dated 27.04.1994 of the Additional Session Judge, Delhi, wherein the Addl. Session Judge convicted and sentenced the appellant under Section 302 IPC to undergo Imprisonment for Life.
(2.) The brief facts of the prosecution case are that, on 23.05.1989, information was received at the Police Control Room that a dead body was found lying near railway lines, E-Block, Phase-I, Ashok Vihar, New Delhi. On the basis of this information, DD No. 24-A was recorded at P.S. Ashok Vihar. Sub Inspector R.K. Sharma along with constable Surinder Kumar were deputed to go to the spot. The said Sub Inspector along, with the constable, went to the spot and found a dead body draped with white baniyan and blue striped lungi. The body was lying in a pool of blood with hands tied on the back with a nylon cord. A blood stained lungi with checks was lying near the dead body. There were injury marks found on the chest, neck and left foot of the dead body. Neither any eye-witness was available at the spot nor the dead body could be identified by anyone at the spot. Sub Inspector, R.K. Sharma took up the investigation. The Investigating Officer inspected the spot, prepared a site plan and seized the exhibits from the spot. He sent the dead body to the mortuary for post-mortem.
(3.) During the investigation, it was revealed that the name of the deceased was Jabar, R/o Tehsil Mehsi, Village Lilja, Dist. Saharsa, Bihar. Thereafter, the SHO took over the investigation of this case. The SHO recorded the statement of witnesses. He arrested the accused Gian Chand in this case, who made a disclosure statement and on his pointing out, ..a Kirpan was also recovered. After completing the investigation, Challan was filed before the Court.;

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