SUDHANSHU DHULIA, RAJESH BINDAL
Surender Singh – Appellant
Versus
State (NCT Of Delhi) – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
Adjournments – Long adjournments after the examination-in-chief should generally be avoided, as they can impact the fairness of the trial and may pose risks to witness safety. Whenever possible, cross-examination should be conducted on the same or following day, and adjournments should be justified with sufficient reasons and recorded accordingly (!) (!) (!) .
Burden of Proof – Under the relevant evidence law, the burden of proving that the case falls within a general exception, such as self-defense or grave and sudden provocation, lies on the accused. The accused must establish some reasonable degree of satisfaction that the exception applies, though this is not as onerous as the standard of proof beyond reasonable doubt required of the prosecution (!) (!) (!) (!) .
Nature of Provocation – For provocation to reduce a charge from murder to culpable homicide not amounting to murder, it must be such that a reasonable person would be temporarily deprived of self-control. The time gap between the provocation and the act, the nature of the weapon used, and the number of injuries are all relevant factual considerations (!) (!) (!) .
Evidence and Credibility – Witnesses who are consistent, credible, and trustworthy, especially those who are injured and present at the scene, significantly strengthen the prosecution’s case. The testimony of eye witnesses, corroborated by forensic evidence, is crucial in establishing the facts of the incident (!) (!) (!) (!) .
Conduct of the Trial – The practice of routinely deferring cross-examination without sufficient reasons can prejudice the fairness of the trial and endanger witness safety. Courts should exercise caution and record proper reasons when adjourning cross-examinations, preferring to conduct them promptly whenever possible (!) (!) (!) .
Nature of the Crime – The case involves a brazen murder committed inside a police station, with evidence indicating that the accused continued firing even as the victim was attempting to escape. The injuries and forensic evidence support the conclusion that the deceased was shot from both front and back, indicating a deliberate intent to kill (!) (!) (!) (!) (!) (!) .
Defense Arguments – The defense’s claim of self-defense or grave and sudden provocation was examined critically. The evidence did not substantiate these claims, and the consistent eyewitness accounts and forensic findings pointed to a case of murder rather than accidental or defensive shooting. The burden of proof for these exceptions was on the accused, and they failed to establish their case (!) (!) (!) (!) (!) .
Motive – The motive for the accused was established as the deceased’s illicit relationship with the accused’s wife, which provided a reason for the accused to commit the crime. The presence of this motive, combined with the evidence of the incident, reinforced the conclusion of intentional murder (!) (!) .
Final Judgment – The courts upheld the conviction and sentence, dismissing the appeal. The accused was directed to surrender and serve the remaining sentence, as the evidence overwhelmingly supported a verdict of murder beyond reasonable doubt (!) (!) .
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JUDGMENT :
SUDHANSHU DHULIA, J.
1. The appellant before this Court has challenged the order of the High Court (dated 18.05.2011) which has dismissed his appeal while upholding his conviction and sentence by the Trial Court for offences under Sections 302 and 307 of the Indian Penal Code, for which he has been sentenced for life imprisonment and 7 years of rigorous imprisonment respectively.
2. We have heard the learned counsel for the appellant as well as for the State at length.
3. As the facts of the case would reveal the present case is of a brazen murder, committed inside a Police Station in Delhi.
The prosecution case is that the appellant, who was posted as a police guard at Mayur Vihar Police Station, Delhi, executed this murder inside the police station, while he was on duty!
4. The deceased was married to the appellant’s first cousin and was also his neighbour. The prosecution case is that the deceased had an illicit relationship with the wife of the appellant. There are more than one witnesses to the fact that the deceased and the appellant were last seen together in conversation with each other inside the police station even minutes before these witnesses saw the appellant kil
State of U.P v. Shambhu Nath Singh (2001) 4 SCC 667 [Para 12] – Relied.
Ambika Prasad v. State (Delhi Admn.) (2000) 2 SCC 646 [Para 12] – Relied.
Mohd. Khalid v. State of W.B. (2002) 7 SCC 334 [Para 12] – Relied.
State of Kerala v. Rasheed (2019) 13 SCC 297 [Para 13] – Relied.
K.M. Nanavati v. State of Maharashtra AIR 1962 SC 605 [Para 25] – Relied.
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