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IN THE HIGH COURT OF DELHI
P.K. Bhasin and B.N. Chaturvedi, JJ.
Rajesh @ Hunny @ Munny - Appellants
Vs.
State - Respondent
Crl. Appeal No. 974 of 2001
Decided On: 29.08.2008
Murder - Common Intention - Section 34 IPC - Applicability - Evidence of Eye-Witnesses - Corroboration - Recovery of Weapon - Motive - False Plea of Alibi - Conviction Upheld.
Fact of the Case:
Two brothers, Harjesh and Rajesh, were convicted of murder and attempted murder. The incident occurred in a gali outside the house of the deceased, Kapil. The prosecution's case was that Harjesh stabbed Kapil while Rajesh caught hold of him. The accused claimed that they were falsely implicated by the police and that they had been externed from the area.
Finding of the Court:
The court found that the evidence of the three eye-witnesses was reliable and corroborated by other evidence, including the recovery of the weapon used in the crime. The court also rejected the accused's plea of alibi as false. The court held that the accused had shared a common intention to kill Kapil and that Rajesh was liable for the murder under Section 34 IPC.
Issues: 1. Whether the evidence of the eye-witnesses was reliable and corroborated by other evidence. 2. Whether the accused's plea of alibi was false. 3. Whether the accused had shared a common intention to kill Kapil. 4. Whether Rajesh was liable for the murder under Section 34 IPC.
Ratio Decidendi: 1. The court held that the evidence of the eye-witnesses was reliable and corroborated by other evidence, including the recovery of the weapon used in the crime. The court found that the eye-witnesses were natural witnesses who had no motive to falsely implicate the accused. 2. The court rejected the accused's plea of alibi as false. The court found that the accused had not provided any evidence to support their claim that they were externed from the area and that they were not present at the scene of the crime. 3. The court held that the accused had shared a common intention to kill Kapil. The court found that the accused had a motive to kill Kapil because they had been humiliated by him earlier that day. The court also found that the accused had acted in concert to kill Kapil, with Harjesh stabbing him and Rajesh catching hold of him. 4. The court held that Rajesh was liable for the murder under Section 34 IPC. The court found that Rajesh had facilitated the murder by catching hold of Kapil while Harjesh stabbed him. The court also found that Rajesh had not taken any steps to prevent Harjesh from stabbing Kapil.
Final Decision: The court dismissed the appeal of Harjesh and affirmed his conviction and sentence. The court allowed the appeal of Rajesh in part, setting aside his conviction and sentence for attempted murder but upholding his conviction and sentence for murder.
P.K. Bhasin, J.
1. This appeal has been filed by the two appellants, who are real brothers, against the judgment dated 21.11.2001 and order dated 22.11.2001 passed by the learned Additional Sessions Judge, Delhi in Session Case No. 90/2000 whereby they were convicted under Sections 302 and 307 read with Section 34 of Indian Penal Code (IPC in brief) and sentenced to imprisonment for life and also to a fine of Rs.5000/- each, with a default stipulation, for the murder of one Kapil and rigorous imprisonment for seven years and a fine of Rs.5000/-each, with a default stipulation, for the attempted murder of his mother.
2. The incident leading to the prosecution of the two appellants(hereinafter to be referred to as the accused persons) was narrated by PW-2 Santosh Sharma in her first information statement to the police(Ex.PW- 2/A) on 12th December,1998 when the incident had taken place. She had claimed that that day i.e. 12th December, 1998, her sons Kapil(the deceased) and Anuj(PW-5) had gone to play cricket in the park near their house. At about 12.30 p.m. when both of them returned to the house Anuj told her and her husband that there was a quarrel over the game of cricket between Kapil and Sunny-Munny(the two appellants herein). Then her husband came out of the house followed by Kapil and Anuj and she also followed them. Sunny and Munny were present in the gali. Sunny(appellant Harjesh) was having a knife in his hand and Munny(appellant Rajesh) caught hold of Kapil and when Sunny was about to assault Kapil she told him(Sunny) not to quarrel. Upon that Sunny stabbed her with the knife and then stabbed Kapil number of times. Her husband and son Anuj tried to save Kapil but Munny kept on holding Kapil and Sunny kept on stabbing him. Santosh Sharma."
3. Injured Santosh Sharma went from the spot and informed the police on phone from a nearby shop. After the incident Kapil was taken to Hindu Rao hospital where he was examined by PW-21 Dr. Mukesh Kumar. On examination, this doctor had found the following injuries on the body of Kapil:
1. Incised wound 2 cm x 1.25 cm on right side of chest.
2. Incised wound over left side of chest 2 cm x 0.5 cm.
3. Incised wound over back left back dorsal region 1 cm x .25 cm.
4. Incised wound 1 cm x .25 cm on back and left lumber region.
4. The injured-complainant Santosh Sharma was also got medically examined and as per her MLC, Ex. PW-21/B, she had sustained stab injury which was found to be dangerous in nature.
5. Kapil succumbed to the injuries sustained by him on the day of the incident itself. The dead body of the deceased was subjected to post-mortem examination by PW-4 Dr. C.B. Dabas of Hindu Rao Hospital. The following external and internal injuries were noticed by this autopsy surgeon:
EXTERNAL INJURIES
1. Abrasion 0.5 x 0.5 cm over left forehead.
2. Abrasion 0.7 x 0.2 cm over left side forehead medial to injury No. 1.
3. Scratch abrasion 1.8 x 0.2 cm over right side of chin.
4. Scratch abrasion 4 x 0.2 cm over middle front of right side of neck.
5. One scratch abrasion 1.3 x 0.2 cm over right clavicle.
6. Scratch abrasion 2.5 x 0.5 cm over infra clavicle region on right side.
7. Scratch abrasion 0.8 x 0.3 cm over dorsum of right fore-arm in lower part.
8. Scratch abrasion 1.5 x 0.2 cm over dorsal aspect of right thumb.
9. Scratch abrasion 4 x 0.5 cm over dorsum of right foot.
10. Scratch abrasion 0.5 x 0.3 cm over dorsum of right little toe.
11. One stab wound 3 x 1 cm x 7 depth located on right side front of chest 2 cm outer to mid line, 7.5 cm inner to nipple and 118 cm above right wheel. The room was placed vertically margins were clean cut, lower angle was round, upper angle was acute.
12. One stab wound 3 x 1 cm x ? depth located on left side of chest on lower lateral aspect 17 cm outer to mid line and 15 cm below left nipple and 112 cm above left heel. The wound was placed vertically, the margins were clean cut, upper angle was acute, lower angle was round. There was a le
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