GIAN CHAND Vs. STATE OF DELHI
HIGH COURT OF DELHI
STATE OF DELHI
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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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