POONAM A.BAMBA, J. -
(1.)Vide this appeal under Sec. 374 (2) Cr.P.C, the appellant is assailing the judgment dtd. 1/10/2019 (-impugned judgment' in short) passed by Ld. ASJ-04, North District, Rohini Courts, Delhi, whereby the appellant was convicted for the offence punishable under Sec. 302 Indian Penal Code, 1860 (-IPC' in short), in new Sessions Case No. 57390/2016, in FIR no. 236/2014, Police Station K.N.Katju Marg ; and order on sentence dtd. 9/10/2019, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Sec. 302 IPC with fine of Rs.25,000.00, in default to undergo simple imprisonment for three months.
(2.)Briefly stating, the case of the prosecution is that on 17/3/2014 information through Constable Pawan Dagar/PW-10 at PS K.N Katju Marg was received from BSA hospital regarding admission of one Vimal son of Ram Bilas, R/o A-62, Shahbad Daulatpur, Delhi in injured condition by his friend Rajesh/PW-2, which was recorded vide DD no. 6A/Ex PW 21/A. On receipt of the same, ASI Sanjay Kumar/PW-28 was deputed and reached BSA Hospital and found admitted, injured Vimal Paswan vide MLC No. 3530/14 Ex. PW-8/A. The injured was declared as unfit for statement. The eye witness Gunnu Kumar/PW-1 was found present at the hospital and got recorded his statement to the effect that he is working as JCB machine helper and is living on rent at House No. 62 Shahbad Daulatpur village. On 16/3/2014, injured Vimal Paswan from Azadpur and the appellant/accused Ranjit Raut from Nathupura visited his place to celebrate Holi. When all three of them were consuming liquor, suddenly the appellant/accused told
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account they got into scuffle with each other; he/PW-1 separated them and thereafter, came out of the room near the tap to clean utensils. Thereafter, the injured also came out and sat near him. At about 7:30 pm, the appellant/accused also came out holding a danda in his hand and hit the injured from behind two to four times and threatened to kill him as the injured did not listen to him though he had taught him driving. As a result, the injured Vimal Paswan fell unconscious and the appellant/accused ran away. He along with Rajesh/PW-2 took the injured Vimal to BSA hospital in an auto-rickshaw.
2.1. On the basis of PW-1's statement Ex. PW-1/A and MLC Ex. PW-8/A, ASI Sanjay Kumar/PW-28 prepared rukka and handed over the same to constable Pawan Dagar/PW-10 and got the FIR registered at PS K.N Katju Marg. Thereafter, PW-28 proceeded to the spot along with the complainant Gunnu Kumar/PW-1 and prepared rough site plan Ex. PW1/B at his instance. At the spot, he met Rajesh PW-2 who also informed himself to be the witness and his statement was recorded. The accused was searched. Meanwhile, ASI Sanjay Kumar/PW-28 received information of the demise of the injured vide DD No. 25B/Ex. 11/A dtd. 17/3/2014 PS K.N Katju Marg, which was assigned to Investigation Officer Inspector Mohar Singh/PW-32.
2.2. During investigation, the IO recorded statement of the witnesses, arrested the appellant/accused vide arrest memo Ex. PW1/C, recorded his disclosure statement Ex. PW29/A whereby, he admitted his involvement in the incident. Pursuant to his disclosure, the appellant/accused got recovered the weapon of offence i.e., danda Ex. P-1 from A-62, Factory Main Gate, Shahbad Daulatpur, which was seized vide memo Ex.29/D. Clothes of the appellant/accused, which he was wearing at the time of incident were also taken into possession vide memo Ex. 29/B. IO Inspector Mohar Singh/PW-32 got conducted the postmortem of the deceased vide postmortem report no. 194/2014/Ex.PW9/A and received the Exhibits/viscera of the deceased. Clothes of the deceased, blood sample of the deceased in gauze piece and one sample seal were also handed over to the IO, which were taken into possession vide memo Ex.PW5/B. Dead body of the deceased was handed over to its claimants vide receipt/Ex.PW4/A.
2.3 During further investigation, statement of complainant/eye-witness Gunnu Kumar was got recorded u/s 164 Cr.P.C/Ex.PW1/E by the concerned Ld. MM. Subsequent opinion/Ex.PW9/B on the weapon of offence was obtained. Scaled site plan/Ex.PW17/A of the place of occurrence was got prepared. Exhibits were sent to FSL Rohini. Call detail records of mobile phone no. 8373944156 of complainant Gunnu Kumar and of mobile phone numbers 9718384169 and 9250828284 allegedly used by the appellant/ accused and of mobile no. 9891716066 of the deceased were obtained, as per which, the location of all these phones was found to be of Shahbad Daulatpur. On completion of investigation, charge-sheet u/s 302 IPC was filed against appellant/accused Ranjeet Raut.
2.4. After receipt of FSL result (Ex.PW22/A, Ex.PW23/A and Ex.PW24/A) on 03/09/2014, same were filed in the Court on 11/11/2014 and 28/01/2015 vide supplementary charge-sheets.
(3.)In order to prove its case, the prosecution examined 32 witnesses.