Decided on July 18,2007

SURESH Appellant
STATE Respondents


R.S.SODHI, J. - (1.) Criminal Appeal No.494 of 2003 seeks to challenge the judgment and order of the Additional Sessions Judge, New Delhi in Sessions Case No.90 of 2000, arising out of F.I.R. No.209 of 2001, registered at Police Station Sarita Vihar, whereby learned judge vide his judgment dated 26.4.2003 has held the appellant, Suresh, guilty for an offence punishable under Section 302 IPC. Further, vide his separate order dated 28.4.2003, has awarded the appellant, sentence of imprisonment for life together with a fine of Rs.10,000/- and in default of payment of fine, further rigorous imprisonment for one year under Section 302 IPC. The appellant was given the benefit under Section 428 of Code of Criminal Procedure.
(2.) Brief facts of the case as have been noted by the learned Additional Sessions Judge in his judgment under challenge are as follows :- ?As per prosecution, accused murdered Chameli on the night of 7/8th June 2001 at about 12:30 am when she was sleeping in the field. Case of murder against him was registered on the basis of statement of Raju, who used to work in the fields of husband of Chameli. He in his statement to police stated that he was resident of Hazratpur, Distt. Badauan, UP and for last 8 years he was doing agriculture work in the fields of his uncle Sewa Ram and his family. His uncle Sewa Ram, with his younger son Kallu, had gone to his native village about 10 days back. Chameli, w/o Sewa Ram for the last 3-4 days, used to come in the fields and sleep there. Veerpal also used to live in the same hut in the fields, in which he (Raju) used to live. Veerpal also used to do labor work in the fields. For last about 2 months Suresh, nephew of Sewa Ram and son of Hukam Singh, who was elder brother of Sewa Ram, had started sleeping in the fields. He used to do the work of pulling rickshaw. Suresh was in the habit of taking drinks and on the night of incident, he had come at about 9 pm after taking drinks. At about 10 pm, Chameli brought meals for everyone Mahipal, grant son of Chameli also accompanied her to fields. Everybody including Suresh took meals in the fields itself and Suresh after taking meals, went to a nearby cot and slept there. Others also, after taking meals, slept in the fields itself. At night he suddenly heard cries and woke up. Mahipal, grand son of Chameli, was crying and he saw that Suresh was holding a 'Phawra' in his hand and Chameli was lying on the ground. Suresh had hit Chameli on her head and body with Phawra 2-3 times. He (Raju) also cried and Veerpal also got up on his cries. Suresh, on seeing this, ran away from there. He and Veerpal chased him but Suresh ran towards darker side of the fields and escaped. He immediately went to house of Chameli and informed his son Nathu about murder of Chameli. Nathu accompanied him to the spot. Chameli was lying on the ground in pool of blood. Police was informed of the incident. Police came on the spot and recorded his statement. Police registered a case on the basis of statement of Raju. IO reached on spot and after sending rukka seized pahwra used in the crime, which was having blood stains and some hair stuck to its blade from the spot. Police also seized blood stained earth and normal earth from the spot and sent body of Chameli to hospital for postmortem. IO recorded statements of Veerpal and Mahipal, who were present at the time of incident. Husband of deceased was called from the village. IO had tried to search the accused on the same night in the company of Raju and Veerpal but accused was not to be found. IO thereafter went to village of accused in his search but accused was not in his native village also. Accused could not be traced by IO. However, accused surrendered in court on 16.7.01. After completing the investigation, challan was filed in court. Accused was charged by this court for murder of Chameli on 13.12.01. Accused pleaded not guilty.?
(3.) Prosecution in order to establish its case examined as many as 13 witnesses. Of these, PW-1, Raju, PW-2, Mahipal and PW-3, Veerpal, are, what may be termed as eye-witnesses, who were present in the field on the night when Chameli was murdered. All the three witnesses support the prosecution's case.;

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