Decided on July 08,2022

STATE Respondents


MINI PUSHKARNA,J. - (1.)This appeal arises out of the judgment dtd. 30/1/2018 and order on sentence dtd. 6/2/2018 passed by learned ASJ-04 (North West District), Rohini Courts in SC No.52312/2016, arising out of F.I.R. No. 17/2013 under Sec. 302 IPC registered at Police Station South Rohini. The appellant has been convicted for offence punishable under Sec. 302 IPC and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.10,000.00. In default of payment of fine, he has been directed to undergo Simple Imprisonment for 3 months. Benefit of Sec. 428 Cr.P.C. was also extended to the appellant.
(2.)The prosecution case is that upon call being received by the Police Control Room about quarrel in the house of Krishan Pal near Tula Ram School in which one person had sustained injuries, S.I. Amit from Police Station Mangolpuri reached the spot of incident, i.e., House No. 29/1, Village Mangolpur Kalan, Delhi. On his reaching the spot, it transpired that the injured had been taken to hospital in PCR van and that the said area fell within the jurisdiction of P.S. South Rohini. S.I. Amit therefore informed the said police station about the incident and the matter was assigned to S.I. Manoj for taking appropriate action. Almost immediately thereafter, a call was received at police station South Rohini that the injured was declared dead by the doctors. The said information was passed on to S.I. Manoj telephonically.
(3.)During preliminary inquiry at the spot, S.I. Manoj gathered that the deceased and the appellant herein were living together in a room in the house in question. They quarrelled with each other in the night, resultantly, bleeding started from the nose of the deceased. The appellant informed that he was cooking food at that time when deceased fell down. The appellant picked up the deceased, but he again fell down. By observing that the situation was serious and required further inquiry, S.I. Manoj recorded D.D. at Police Station South Rohini on 14/1/2013 at 1:30 PM. In the meanwhile he requested for preservation of dead body in mortuary and locked the tenanted room of the deceased and kept its keys.

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