IMPORTANT POINT
In view of the proved circumstantial evidence even if confessional statement of A1 is discarded, the High Court was right in convicting Sandeep (A1) and Vikram Singh (A3) for murder of Vishal Goel. But as against Mandeep (A2) and Arun (A4). There was no circumstantial evidence except they were seen together coming with A1 and A3, they are rightly acquitted by the High Court.

Headnote:Indian Penal Code, 1860-Sections 302/34, 201/34-Four persons charged under-Two convicted and two acquitted-Case based on circumstantial evidence of confession, discoveries and evidence of complainant (father of deceased), PW7 and PW11-Appeals by convicted and State s and complainant s appeal against acquittal-Whether High Court was right in its approach to convict A1 and A3 and acquit A2 and A4? (Yes)-Appeals dismissed.
       Held : In our view, submission of learned counsel for the appellants that the courts below erred in relying upon the confessional statement made by Sandeep before PW-9 Laxmi Narain requires to be accepted. (Para 10)
       However, there is no reason to disbelieve the say of this witness that Sandeep made confessional statement that the dead body of Vishal Goel was thrown in Gurgaon canal near bypass Sectors 9 and 13 and that sword and blood-stained clothes were kept at his residence. (Para 11)
       This evidence, in our view, amply corroborates that Investigating Officer discovered the blood-stained clothes from the house of Sandeep in presence of his parents. Once this part of discovery is believed, then there is no reason to disbelieve the evidence of Laxmi Narain who was present at the house of Sandeep when the discoveries as stated above were made. He has stated that on the disclosure by Sandeep, they were taken at his residence and Sandeep produced blood stained sword and clothes in presence of his parents and the witness had attested the recovery memos. (Para 11)
       (But) In our view, the High Court erred in disbelieving the evidence of PW-6 Gulshan Kumar in its entirety. (Para 13)
       As the evidence of the aforesaid two witnesses is consistent, cogent and reliable, it would be difficult to accept the contention of the learned counsel that because they knew V.K. Goel, therefore, they are interested and their evidence is not reliable. In case where the victim and accused are known to a witness, his evidence would be material and cannot be criticized that as witness was knowing the father of the accused, he is interested witness. In the present case, as the witnesses knew the deceased as well as the accused persons, they were in a position to inform the complainant and also to identify the accused. In such a case there was no question of holding an identification parade. The aforesaid evidence clearly establishes that the deceased was last seen in the company of Sandeep and others after leaving the house at about 7.30 p.m. Thereafter, Sandeep having sword and others were seen coming back from the canal side by Bankey Lal PW-7. From the house of Sandeep blood-stained sword and clothes were discovered. Similarly, the bloodstained T-shirt was discovered from the house of Vikram and from the garage of his house, motor-cycle bearing No. HR-29 E/3698 was also recovered. PW-5 Dr. Aggarwal carried out the post-mortem and found as many as 10 incised wounds which could be caused by a sword. The sword and the clothes which were recovered were found stained with blood of B group which is also the blood group found from the earth lifted from the spot and from the articles found on the body of deceased Vishal. (Para 13)
       Held finally : In view of the aforesaid circumstantial evidence proved by the prosecution, even if we discard the confessional statement made by accused Sandeep before PW-9 Laxmi Narain, the High Court was right in convicting accused Sandeep (A1) and Vikram Singh (A3). Further, the High Court held that against Mandeep and Arun, except seeing them together while coming back by PW-7, there is no other evidence to connect them with the crime and that there was no discovery of blood stained articles at their instance. Hence, they were acquitted. But that would not in any way adversely affect the prosecution evidence qua A-1 and A-3. It is also true that despite the detailed FIR, the IO has not taken immediate steps for arresting the accused named in the FIR. But sluggishness in investigation would not in any way adversely affect the evidence of complainant-PW-13, PW-7 and PW-11. In this view of the matter, the finding recorded by the High Court convicting A-1 and A-3 and acquitting A-2 and A-4 does not call for any interference. In the result, the appeals are dismissed. (Paras 14 and 15)

JUDGMENT

Shah, J.-On the charge of murder of one Vishal Goel, Sandeep (A1), Arun Bhatia (A2), Vikram Singh (A3), Mandeep (A4) and one juvenile Aman were prosecuted. Trial of juvenile was separated. The Additional Sessions Judge, Faridabad by judgment and order dated 22nd November 1996 in Sessions case No.10 of 1995 convicted all the four accused for the offence punishable under Section 302/34 and sentenced them to suffer imprisonment for life and a fine of Rs. 1000/- each, in default of payment of fine to further undergo RI for six months each. He also convicted the accused for the offence punishable under Section 201/34 IPC and sentenced them to undergo RI for five years and to pay a fine of Rs.300/- each in default of payment of fine to further undergo RI for three months each. Both the sentences were directed to run concurrently.

2. Against the said judgment and order, Sandeep (A-1) preferred Criminal Appeal No. 49-DB of 1997, Arun Bhatia (A-2) filed Criminal Appeal No. 93-DB of 1997, Vikram (A-3) filed Criminal Appeal No. 48-DB of 1997 and Mandeep (A-4) preferred Criminal Appeal No. 616-DB of 1996 before the High Court of Punjab & Haryana at Chandigarh. V.K. Goel, complainant and father of the deceased also filed Criminal Revision No. 199 of 1997 praying for enhancement of sentence. The High Court re-appreciated the evidence and considered the circumstances connecting the accused with the crime. The High Court disbelieved the evidence of PW6 Gulshan Kumar that he saw the deceased and accused quarrelling near Kesar Hotel and that he separated them as in his previous statement he had not stated that he enquired the names of those boys from them. The High Court held that even if the said evidence is ruled out of consideration, it will make only motive in the case behind the killing of Vishal absent. However, the Court relied upon the evidence of PW9 Laxmi Narain on the ground that Sandeep was known to him earlier and that Vikram, Aman and Sandeep went to the house of Laxmi Narain in expectation that he was having association with the complainant V.K. Goel so he would be able to help them in the investigation or in the trial. The Court relied upon the evidence of PW11 Manish Sharma for arriving at the conclusion that the accused and the deceased were last seen together. Manish also gave motor-cycle number as HR-29E/3698. The Court also relied upon the evidence of PW7 Bankey Lal who after some time saw motor-cycle and scooter coming at fast speed. On the motor-cycle, he saw Sandeep, Aman and Arun. Arun was driving the motor-cycle and Sandeep was having sword in his hand. He also saw Mandeep driving the scooter and Vikram sitting on its pillion. On the basis of the information, V.K. Goel alongwith Manish Sharma, Bhuneshwar and Bankey Lal went in search of Vishal and when they reached near Gurgaon canal they found a pair of chappal of brown colour belonging to deceased. One locket belonging to the deceased was also found lying there. At the instance of accused Sandeep, blood-stained sword and clothes were recovered. Similarly, at the instance of accused Vikram, motor-cycle was recovered and also bloodstained clothes containing human blood as reported by the Chemical Analyst were found. Considering the aforesaid circumstances, the Court arrived at the conclusion that the prosecution has successfully brought home beyond pale of doubt against Vikram and Sandeep the charge of murder of Vishal Goel on 15th March, 1995 in furtherance of their common intention. However, the Court arrived at the conclusion that there was no evidence of recovery so far as Mandeep and Arun were concerned and only evidence that they were last seen in the company of deceased would not alone be sufficient to convict them.

3. The High Court by the impugned judgment and order dated 28th April, 1999 dismissed the Criminal Appeal Nos. 48 and 49-DB of 1997 filed by Sandeep (A-1) and Vikram (A-3) and confirmed their conviction. The Court partly allowed the Crimin

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