SURENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) RAJESH Tandon, J. By the present appeal, the accused Surendra Kumar has challenged his conviction under Section 302 I. PC. read with Section 201 I. PC. and Sec tion 34 I. PC. , by which the learned Sessions Judge has awarded him rigor ous imprisonment for life along with co accused Harinath. Here, we are con cerned with only accused Surendra Kumar as only he has preferred the present appeal before us.

(2.) BRIEFLY stated the prosecution story was that on 28-12-1999, a writ ten report was lodged by one Rajesh Kumar, who was associated with Ved Niketan Dham Ashram, to PS. Laxman Jhula stating therein that one Jemison Rassel (deceased), an American citizen was staying in room No. 91 of the Ashram. Further, it has been stated that on 23-12-1999, the two friends of the said American, namely Hillary and Autam came and enquired about the room, in which their friend Jemison Rassel (deceased) was staying. On this he, along with the two women, namely, Hillary and Autam, reached room No. 91 and found the room locked from outside. On 26-12-1999; when the said Jemison Rassel (deceased) did not re turn to Ashram, he opened room No. 91 on the insistence of the said women friends and then, in the said room, one bag (thaila), a watch, a Tiffin, three books, one diary, one pent, one T-shirt and one driving license was found. So far as the driving license is concerned, the said two women friends kept it with themselves for photocopy and the rest of the article were kept in that room. Since, the said American citizen has not returned in the Ashram, therefore, the said information was given.

(3.) PROSECUTION has examined Anil Srivastava (PW1), who has deposed that in December, 1999 the American Embassy has lodged a report regarding the absconding of the American citizen and Dr. J. Arun Raja Silwan did not know the Hindi and he dictated the First Information Report (Ex. Ka. 1) in English and he translated the same in Hindi.