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IN THE SUPREME COURT OF INDIA
P. Sathasivam and M.Y. Eqbal, JJ.
Majendran Langeswaran - Appellant
Versus
State (NCT of Delhi) & Anr. - Respondents
CRIMINAL APPEAL NO. 1300 OF 2009
Decided on: 1-7-2013
Facts of the case:
The accused-appellant and the deceased along with other were helmsmen/seamen (crew members) on the a ship. When the ship was sailing, the auto pilot went out of order which could not be repaired for non-availability of technicians on board and thus requiring the crew on board to manually steer the ship. On 30th November, 1996, an altercation is stated to have taken place between the accused and the deceased. As the accused had sustained some cut injuries on his hands, he reported the matter to the officials. On 1st December, 1996 when the ship was on high seas, the appellant took off from his duty as helmsman on the ground of pain in his hands due to cut injuries and another helmsman was asked to do the duty as replacement. The accused was alleged to have confessed before PW-6 about the commission of the offence and the blood-stained knife was handed over to PW-6 which was subsequently seized but no blood was noticeable on the clothes of the appellant which were found at the relevant time. The other helmsmen who were present when the appellant is alleged to have made confession before PW-6, were not examined by the prosecution. There were about 14 stab wounds on the neck but there was no blood found on the dress of the appellant or on the scene of occurrence. The clothes of the appellant were not seized. A cardboard parcel containing blue soaked boiler suit worn by the deceased at the time of incident was sent and another knife (Ex.2b) was recovered and kept with the boiler suit in the same cardboard box. This knife also bore human blood-stained matching ’O’ group of the deceased. As per the post mortem report, stab wounds on the neck and chest of the deceased might be by the use of the said weapon. The said knife was not subjected to examination to find out the presence of fingerprints, if any, of the appellant. The said knife was also not shown to the doctor who conducted the post mortem examination on the body of the deceased, to seek his opinion if the same could have been possible weapon of offence.
Findings of the Court :
The very fact that two blood-stained knives were found by the prosecution proves that the prosecution failed to give sufficient explanation as to who had assaulted the deceased by using another knife (Ex.2b). From the circumstances the conclusion of the guilt of the appellant herein has not been fully established beyond all shadow of doubt as the circumstances are not conclusive in nature -- neither the chain of events is complete nor the circumstances lead to the conclusion that the offence was committed by the appellant and none else.
Result : Appeal allowed.
JUDGMENT
M.Y. EQBAL, J.
This appeal by special leave is directed against the judgment and order dated 25th July, 2008 passed by the High Court of Delhi in Criminal Appeal No. 820 of 2002 whereby the judgment and order dated 9th August, 2002 passed by learned Additional Sessions Judge, New Delhi in Sessions Case No. 45 of 2001 convicting the accused-appellant under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”) and sentencing him to imprisonment for life and a fine of Rs. 100/- and in default of payment of fine, rigorous imprisonment for one day was maintained and the said appeal dismissed.
2. The prosecution version in a nutshell is that the Cargo Ship Motor Vessel “Lok Prem” owned by the Shipping Corporation of India was chartered by a private company of South Africa on 6th November, 1996 for carrying Chrome Alloy. The accused-appellant and the deceased L. Shivaraman along with other were helmsmen/seamen (crew members) on the said ship. When the ship was sailing from South Africa to Japan via Singapore, the auto pilot went out of order which could not be repaired for non-availability of technicians on board and thus requiring the crew on board to manually steer the ship. The accused and one M.Y. Talgharkar showed reluctance to steer the ship manually and insisted for repair of auto pilot and payment of their long overdue overtime. The ship was taken to Singapore to make the auto pilot functional but the same could not be got repaired. The accused and said Talgharkar are alleged to have instigated other crew members to insist and obtain it in writing from the Captain/Master of the ship (PW-5 Radha Krishan Ambady) that the ship would be got repaired at Japan, otherwise they (crew members) shall not allow the moving of the ship from Singapore. When the Captain of the ship reported the matter to the Shipping Corporation of India, the General Secretary of the Union (NSUI) directed the crew members to perform their duties in obedience to lawful commands of the Captain. On 30th November, 1996, an altercation is stated to have taken place between the accused and the deceased L. Shivaraman. As the accused had sustained some cut injuries on his hands, he reported the matter to the officials. On 1st December, 1996 when the ship was on high seas, the appellant took off from his duty as helmsman on the ground of pain in his hands due to cut injuries and another helmsman Baria was asked to do the duty as replacement. As the accused and the deceased were staying in Cabin No. 25, the accused was temporarily shifted from that cabin to Cabin No. 23 due to the above incident of assault. At about 1510 hours, the accused allegedly approached IInd Officer Kalyan Singh (PW-6) with a blood-stained knife in his hand and his hands smearing in blood and is alleged to have confessed before him that he had killed L. Shivaraman. On being asked by Kalyan Singh (PW-6), the appellant handed over the blood-stained knife to him which he placed in a cloth piece without touching the same. Kalyan Singh (PW-6) then intimated the Captain and other officers. The body of L. Shivaraman was found lying in Cabin No. 23 in such a way that half of it was inside the cabin and half of it outside. The officials of Shipping Corporation of India were informed. On incident being reported, pursuant to an instruction from concerned quarter, the ship was diverted to Hongkong. On being so directed by the Captain of the ship (PW-5), Kalyan Singh (PW-6) got the body of the deceased cleaned up for being preserved in the fish room with the help of Manjeet Singh Bhupal (PW-4) and Chief Officer V.V. Muralidharan (PW-18) took photographs. The blood-stained knife was kept in the safe custody of PW-5. The accused was then apprehended, tied and disarmed before being shifted to the hospital on board. Since the ship was having Indian Flag, as per the International Treaty of which India was a signatory, the act of the accused was subject to Indian laws. Accordingly, a case bearing
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