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High Court Of Delhi
RAM PARKASH PANDEY - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 2 of 1989
Decided On : 03/21/1994
MURDER - Circumstantial Evidence - Section 302 IPC - The judgment discusses the circumstances leading to the conviction of the appellant for the murder of his wife. It highlights the principles of circumstantial evidence and the standard of proof required to convict a person in a case based on circumstantial evidence.
Fact of the Case:
The appellant was convicted for the murder of his wife based on circumstantial evidence. The prosecution's case relied on the strained relationship between the appellant and his wife, the appellant's conduct before and after the murder, and the recovery of the deceased's clothes and articles buried by the appellant.
Finding of the Court:
The court found that the circumstances, when considered together, conclusively proved the guilt of the appellant. The court emphasized the importance of establishing a complete chain of evidence and the need for circumstances to be consistent only with the hypothesis of the accused's guilt.
Issues: The key issues revolved around proving the appellant's actions and motives leading up to the murder, establishing the identity of the deceased, and addressing discrepancies in the evidence.
Ratio Decidendi: The judgment emphasized the principles of circumstantial evidence, the standard of proof required for conviction, and the need for a complete chain of evidence to establish guilt beyond a reasonable doubt.
Final Decision: The appeal was dismissed, and the appellant's conviction for the murder of his wife was upheld.
( 1 ) RAM Parkash Pandey, the appellant, has been convicted for offence under Section 302 I. P. C. for murder of his wife, namely. , Saloni and sentence of life imprisonment has been Imposed on him, Briefly the prosecution s case is as under:
( 2 ) ON 5th July, 1985 an Information was received from Satinder Kumar, resident of Village Ali that a dead body was floating In the tank of Pump House. A. S. I. Main Pal Singh along with Ram Avtar constable went to the said Pump House belonging to the Government and met Satlnder and Bhim Singh employees of the Pump House and found a dead body of a lady floating In the well tank of the Pump House. It was brought out. The dead body was not Identified by anyone. It was sent to the mortuary of All India Institute of Medical Science through constable Shri Bhagwan. Since the dead body was not identified within 72 hours, it was got photographed; post-martem was conducted on 8th July, 1985 and thereafter the dead body was handed over to Sewa Samitl for performing last rites. The clothes of the deceased and other articles were preserved. According to post- martem report, the death was caused due to drowning.
( 3 ) ON 27th September, 1985 Kumari Anita and her brother Anil Kumar came to the Police Station and showed letter written by the appellant. A. S. I. Main Pal Singh recorded the statement of Anita. She stated that Saloni was living with her parents at Shukla Ganj District Kummao and that Saloni was married to the appellant about 7 or 8 years earlier. She further stated that within three years of marriage a daughter was bom but the appellant alleged that she was not his daughter and started doubting the character of Saloni and stopped talking to her. When their father came to know about it. Anil was sent to bring Saloni to her parents house and for last about 4 years Saloni with her daughter Rashmi was living at her parents house. She further stated that about two and three months earlier the appellant came to their house and said that he has forgotten the fact about Rashmi and said that he wanted to take Saloni with him. Saloni was thus sent with the appellant. After about a month, her maternal grand mother Kalawati, resident of Village Nisgar, District Rai Barellly visited their home and gave a letter to her father, which had been sent by the appellant to her. In that letter appellant wrote that Saloni was attacked by two gundas at Ahmedabad and she was injured. On this, their father got perturbed and Anita and Anil were sent to Delhi to find out about the welfare of their sister - Saloni. They went to the house of Om Prakash, elder brother of the appellant at Village Madan Pur Khadar, New Delhi. The appellant met them but he Immediately ran away from there without disclosing anything with the result that their suspicion increased and they came to the Police Station. After hearing their story police officials showed to Anita a photograph of a dead body of a lady which Anita said was that of her sister Saloni. Anita was taken to Court where she identified clothes and other articles of her deceased sister. On the basis of the statement of Anita, First Information Report for offence under Section 302 I. P. C. was recorded and investigation started. The appellant was arrested on 8th October, 1985. On the disclosure statement and pointing out by the appellant a the lla (Bag) containing old sari, one blouse, one set of plastic chappel and one paticot which he buried in the ground at a short distance from the manwhole was recovered. The appellant had led the police party to the place near canal and aforesaid clothes etc. of the deceased were taken only by him from a small heap of ashes near manwhole No. 10. It was seen by Anil Kumar. Anil Kumar Identified that the said articles belonged to his deceased sister Saloni.
( 4 ) IN support of its case, prosecution has examined near relatives of the deceased and certain police officers/officials to prove the circumstances which according to
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