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2008 Supreme(Del) 191
2008 CRI. L. J. 3258
B. N. CHATURVEDI AND G. S. SISTANI, JJ.
Shekhar and Anr.
Versus
State of NCT of Delhi.
Crl. A. No.734 of 2004
Decided On:08.
Anil Soni, Amicus Curiae, for Appellant; Ms. Fizani Hussain, for the Respondents.
The main legal point established in the judgment is the importance of reliable and consistent evidence in establishing guilt beyond a reasonable doubt.
Headnote:
Conviction - Dacoity and Murder - IPC 392/394/302/34, IPC and Section 411, IPC - Summary of Acts and Sections: The court discussed the circumstances of the case and the evidence presented, including the recovery of stolen property, blood-stained clothing, and chance fingerprints. The court found inconsistencies and doubts in the prosecution's case, leading to the acquittal of the appellants.
Fact of the Case:
The appellants were convicted of dacoity and murder based on circumstantial evidence, including the recovery of stolen property and blood-stained clothing. However, the court found inconsistencies and doubts in the prosecution's case.
Finding of the Court:
The court found that the circumstances brought out by the prosecution did not firmly establish the guilt of the appellants, leading to their acquittal.
Issues: The main issue was the reliability of the evidence presented by the prosecution, including the recovery of stolen property, blood-stained clothing, and chance fingerprints.
Ratio Decidendi: The court's decision was based on the inconsistencies and doubts in the prosecution's case, leading to the acquittal of the appellants.
Final Decision: The appeals were allowed, and the judgment of conviction and order of sentence against the appellants were set aside. The appellants were acquitted of the charges and directed to be released immediately unless required to be detained in connection with any other case.
B.N. CHATURVEDI, J. :- These appeals arise out of a judgment of conviction dated 20th July, 2004 under Sections 392/394/ 302/34, IPC and Section 411, IPC in FIR No. 390/2001 PS Mangol Puri, Delhi and sentence of imprisonment and fine to respective respondents by an order dated 24th July, 2004 as under :
(1) three years RI and a fine of Rs. 1000/-each and in default of payment of fine SI for one month under Section 392/34, IPC;
(2) RI for four years and a fine of Rs. 1,000/- each and in default of payment of fine SI for one month under Section 394/ 34, IPC;
(3) imprisonment for life and a fine of Rs. 1,000/- each and in default of payment of fine SI for one month under Section 302/ 34, IPC; and
(4) RI for three years and a fine of Rs. 1,000/- and in default SI for one month under Section 411, IPC.
2. The substantive sentences of imprisonment under different heads are to run cuncurrently.
3. The appellants together with three others were prosecuted on the allegations of committing dacoity and murder of one Raju at House No. G-394 Mangol Puri, Delhi on the intervening night of 11/12th of May, 2001. Appellant Sanjay alias Moni was apprehended by Constable Bodh Raj Singh and Constable Parvinder Singh at D Block, Mangolpuri, Delhi immediately after commission of said dacoity and murder. At the relevant time both the said Constables were on patrolling duty. They noticed 6-7 boys coming from the side of E Block, who on being asked to stop started running away. On a chase, Constables Bodh Raj Singh and Parvinder Singh succeeded in overpowering appellant Sanjay alias Moni. On his personal search two gold bangles and a cash amount of Rs. 1507/- were recovered from right pocket of his trouser. Possession thereof he could not explain satisfactorily. After sometime Inspector S.K. Saxena, SHO PS Mangol Puri, Delhi accompanied by other police officials including Head Constable Ajay Pal and Constable Shokinder Singh also reached there around 3.15 a.m. in the course of their night patrolling duty. Appellant Sanjay alias Moni was produced before Inspector S.K. Saxena with recovered gold bangles and the cash amount. On being subjected to interrogation, Sanjay alias Moni allegedly disclosed that a short while ago he and his associates had committed a dacoity in a house near G Block latrines and that the gold bangles as also the cash were part of looted property. He allegedly further disclosed that in the course of dacoity, he and his associates had committed a murder also. Inspector S.K. Saxena was in the meantime joined by SI Vikram Singh who also happened to reach there. Appellant Sanjay alias Moni led the police officials to house No. G-394, Mangolpuri, Delhi, which was found bolted from outside. On entering the house a dead body was found lying there. The house belonged to one Rohtas. At some distance there was residence of his brother Jagdish. Jagdish was called from his house. He confirmed that the house in question belonged to his elder brother Rohtas. Raju, deceased as told by him was brother-in-law of both the brothers as their respective wives were sisters. Rohtas was not at his house, as according to Jagdish, he had gone to a nursing home to take care of his nephew who was admitted there. The wife and children of Rohtas were sleeping in the house of Jagdish. The deceased Raju was alone there in the house when the incident took place. The dead body of Raju was found lying on the floor. There were multiplie stab wounds on his person and a lot of blood was splattered on the floor. The almirah was found open and articles therein ransacked. The statement of Jagdish was reduced into writing on the basis of which a FIR was got registered. A disclosure by appllant Sanjay alias Moni led to recovery of a blood stained razor from a park nereby which was taken into possession by the police. This apart, the T-shirt, bearing blood stains, which appellant Sanjay alias Moni was wearing at the time of his apprehension, was also seized and taken into
