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2006 Supreme(Del) 1322

High Court Of Delhi
R. S. SODHI, P. K. BHASIN
KALI CHARAN - Appellant
Versus
STATE OF DELHI - Respondents
Criminal Appeal 60 Of 2001
Decided On : 08/08/2006

Advocates Appeared:
JAGDISH PRASAD, Ravinder Chadha, SUMEET VERMA

The credibility of witness testimony, corroborating evidence, and the broader picture emerging from the evidence on record are crucial in determining guilt in criminal cases.

Headnote:

IPC - Criminal Appeal - Sections 302/324/506 (ii)/397 - The court discussed the testimony of the injured witness and wife of the deceased, the medical evidence, and the corroborating evidence of recoveries of earrings at the instance of the accused. The absence of the assailant's name in the medical examination report was considered in light of the broader picture that emerged from the evidence on record. The court found no infirmity in the prosecution's case and upheld the conviction and sentence.

Fact of the Case:

The case pertains to a murder and assault that took place in Delhi. The appellant was found guilty of offences under Sections 302/324/506 (ii)/397 IPC but acquitted for the offence under Section 499 IPC.

Finding of the Court:

The court found the testimony of the injured witness to be truthful and relied on the medical evidence and corroborating evidence of recoveries. It upheld the conviction and confirmed the sentence based on the prosecution's ability to prove the guilt of the accused.

Issues: The primary issue revolved around the credibility of the testimony of the injured witness and the absence of the assailant's name in the medical examination report.

Ratio Decidendi: The court considered the broader picture that emerged from the evidence on record and found no infirmity in the prosecution's case, leading to the decision to uphold the conviction and confirm the sentence.

Final Decision: Criminal Appeal No. 60 of 2001 was dismissed, and the order of conviction and sentence was upheld.


R. S. SODHI, J.

( 1 ) CRIMINAL Appeal No. 60 of 2001 seeks to challenge the judgment and order dated 2. 12. 2000 of the Additional Sessions Judge, Karkardooma Courts, Delhi, passed in Sessions Case No. 1/1999, arising out of FIR No. 485/98, Police Station Trilok Puri, whereby the learned Judge has held the appellant guilty for the offences punishable under Sections 302/324/506 (ii)/397 IPC but acquitted the appellant for the offence punishable under Section 499 IPC. The learned Judge vide his separate order of sentence of the same date has sentenced the appellant to undergo imprisonment for life and a fine of Rs. 2,000/- and in default whereof further rigorous imprisonment for two months for the offence under Section 302 IPC; rigorous imprisonment for two years for offence under Section 324 IPC; rigorous imprisonment for three years for offence under Section 506 (ii) IPC; rigorous imprisonment for seven years and a fine of Rs. 1,000/- and in default whereof further rigorous imprisonment for one month for offence under Section 397 IPC. All the sentences were directed to run concurrently. Benefit of Section 428 Cr. P. C. was also given.

( 2 ) BRIEF facts of the case, as have been noted by the learned Additional Sessions Judge in the impugned judgment, are:"this case pertains to incident that took place in the night between 5. 7. 1998 and 6. 7. 1998 in House No. US-136, Chander Vihar, Mandavli, Delhi. In the incident, one person, namely, Bhagwan Dass, was murdered and his wife Smt. Asha received simple injuries by sharp object. Smt. Asha was threatened with dire consequences. Her earrings weighing about half tola and cash amounting to Rs. 1,200/- was taken away. The offender was armed with knife at the time of commission of offence. Someone informed the police. Police came at the spot and removed the deceased as well as his wife to SDN Hospital. Next morning, statement of injured/wife of deceased was recorded on which a case u/s 356/380/506/302/324 IPC was registered. During investigation, the scene was got photographed. Petticoat of injured, chappals of the accused, broken bangles of complainant, broken bulb, cot, favra, bed sheet, pillow cover, T-shirt of son of deceased, underwear and banian of the accused and earth control was seized. Post mortem was got done. The accused was arrested on 30. 7. 1998 from bus stop, Loni on the basis of secret information. He made a disclosure regarding concealment of the earring and got the same recovered from his house in Aman Vihar. The blood of the deceased and his clothes were handed over by the Doctor who conducted the post mortem which, along with favra seized from the spot and the blood stained earth, was sent to RSL. Investigation was completed and challan was filed. 2. Copies were supplied to the accused. The case was committed to the Court of Session. Arguments on charge were heard. A prima facie case for offence u/s 449/302/324/506/392/397 IPC was found by the Ld. Predecessor of this court and charge was framed. The accused pleaded not guilty and claimed trial. "

( 3 ) THE case in hand hinges primarily on the testimony of Smt. Asha, the injured witness and wife of the deceased. She has been examined as PW-6, She states that on 5. 7. 1998 at around 5. 00 p. m. , Kali Charan, accused herein, had come to her house. Kali Charan is her nephew and resides in her native village, Bada Gaon, Thana, Sahawar, District Etta. This witness welcomed Kali Charan. She has further deposed that her husband, late Shri Bhawan Dass, was running a shop in his house. Kali Charan was dining at the house of this witness and made inquiries in respect of their daily earnings from the business. He was told that Shri Bhagwan Dass earned about Rs. 1,200/- per day. The witness goes on to narrate that in the night her husband was sleeping in the courtyard along with the child of the family, Munish, aged 7 years, and Kali Charan was on the adjoining cot besides Shri Bhagwan Dass. This witness was sleeping inside t









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