GURMEET SINGH @ LUCKY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present appeal has been filed by appellant-convict challenging the judgment dated 11th December, 2003 and the order on sentence dated 19th December, 2003 passed by Additional Sessions Judge, Delhi in Sessions Case No. 82/2003 arising out of FIR No. 120/2001 registered with Police Station Kirti Nagar, whereby he had been convicted under Sections 302/201 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to life imprisonment with a fine of Rs. 10,000/- for an offence punishable under Section 302 IPC and three years rigorous imprisonment with fine of Rs. 2,000/- for the offence punishable under Section 201 IPC.

(2.) Briefly stated, the prosecution's case is that on 7th March, 2001, at about 4:20 am, police was informed through a PCR call that someone had thrown a body in Ghungroo wali Gali, Ramesh Nagar and this information was recorded in DD No. 30A (Ex. PW-5/A). Upon receiving this information, the investigating officer - Inspector Babu Lal (PW-16) reached the spot and found that the dead body of Bhupender Singh was lying outside the gate of House No. 97A, Single storey, Ramesh Nagar, New Delhi (house of the deceased) and the deceased had several injury marks on his body.

(3.) The investigating officer - Inspector Babu Lal (PW-16) examined the house of the deceased and he observed that the floor had been cleaned. Upon suspicion, he questioned the son of the deceased i.e. appellant-convict, who made a disclosure statement. Thereafter, certain articles were recovered and the appellant-convict was arrested vide memo Ex. PW-14/A at around 2 pm on 7th March, 2001. The Trial Court had framed charges under Section 302 and 201 IPC against the appellant-convict.