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2012 Supreme(Del) 1264
High Court of Delhi
BADAR DURREZ AHMED & VEENA BIRBAL
Mukesh Kumar & Others
Versus
State
CRL.A. No.554, 657 & 894 of 2010
Decided On : 04-05-2012
For the Appellant:Tanveer Ahmed, S.B. Dandapani, Ms. Charu Verma, Advocates.
For the Respondent:Ms Richa Kapoor, Advocate.
The judgment emphasizes the need for circumstantial evidence to be cogently and firmly established, pointing towards the guilt of the accused.
Headnote:
Criminal Law - Murder - IPC 302, IPC 404 - The judgment discusses the conviction of the appellants under section 302 IPC and section 404 IPC. The court analyzed the evidence including witness testimonies, forensic reports, and recovery of incriminating articles. The court upheld the conviction of appellants Deepak Kumar and Mukesh Kumar under section 302 IPC and section 404 IPC. Appellant Hari Singh was acquitted of the offence punishable u/s 302 IPC and section 404 IPC.
Fact of the Case:
The case involved the murder of a person at an office in Dwarka. The prosecution presented evidence including witness testimonies, forensic reports, and recovery of incriminating articles. The appellants denied the charges and claimed trial.
Finding of the Court:
The court found appellants Deepak Kumar and Mukesh Kumar guilty under section 302 IPC and section 404 IPC. Appellant Hari Singh was acquitted of the offence punishable u/s 302 IPC and section 404 IPC.
Issues: The main issues revolved around the reliability of witness testimonies, the recovery of incriminating articles, and the identification of the accused. The court also considered the circumstantial evidence and the conduct of the witnesses.
Ratio Decidendi: The court relied on the matching of chance print Q1 with the specimen palm print S1 of appellant Deepak Kumar, the recovery of incriminating articles at the instance of the appellants, and the identification of the accused in TIP proceedings. The court emphasized the need for circumstantial evidence to be cogently and firmly established, pointing towards the guilt of the accused.
Final Decision: The court upheld the conviction of appellants Deepak Kumar and Mukesh Kumar under section 302 IPC and section 404 IPC. Appellant Hari Singh was acquitted of the offence punishable u/s 302 IPC and section 404 IPC.
VEENA BIRBAL, J.
1. These three appeals are filed against the impugned judgment dated 3rd February, 2010 passed in Sessions Case No.49/2008 by the Additional Sessions Judge, New Delhi arising out of FIR No.193/2004 Police Station Dwarka u/s 302 IPC wherein all the three appellants have been convicted u/s 302 IPC. The appellants Deepak and Hari Singh are further held guilty and convicted for committing the offence u/s 404 IPC. The appeals are also directed against the order of sentence dated 18th February, 2010 wherein all the three appellants have been sentenced to imprisonment for life and to pay a fine of Rs.2000/- each under section 302 IPC and in default of payment of fine to further undergo RI for three months. For committing offence u/s 404 IPC, appellants Deepak and Hari Singh have been further sentenced to undergo RI for a period of one year with fine of Rs.1000/- and in default of fine to undergo RI for a period of one month. It is further directed that both the sentences shall run concurrently.
2. The case of the prosecution is that on 3rd May, 2004 DD No.16A was got recorded at Police Station Dwarka. A copy of the same i.e., Ex.9/D9 was given to ASI Bhupender Singh, PW-21 who had reached the spot i.e shop nos T5 & 6, 3rd Floor, Manish Abhinav Plaza II, Sector 5, Plot no.5, Dwarka. He found blood lying at the spot. The owner of office was not found there. In the meantime, SHO, Inspector Umesh Singh, PW-24 along with other police officials had also reached the spot. Furniture and other articles were found ransacked in the office. The furniture in the office and computer were lying in a scattered condition. There they came to know that deceased Rajeev Soni had already been taken to Sarthak Medical Centre, Palam Village. Inspector Umesh Singh, PW-24 had left ASI Bhupinder Singh at the spot and he himself had gone to Sarthak Medical Centre where he found the dead body of Rajeev Soni on the rear seat of the car. He found injury marks on the neck of deceased caused by some weapon. Inspector Umesh Singh, PW-24 recorded the statement Ex.PW 9/D-5 of Avinash Kumar, PW-1, brother-in-law of deceased on which he had made his endorsement Ex.PW 24/A and sent the rukka through Constable Raj Pal Singh, PW-18 for registration of case. Inspector Umesh Singh, PW-24 had conducted the inquest proceedings and filled up inquest form Ex.PW 9/D-3. He also moved an application Ex.PW 9/D-1 for conducting the postmortem examination of the deceased. Thereafter he came to the spot with complainant Avinash Kumar, PW-1 and on his pointing out, a site plan Ex.PW 24/B was prepared. From the spot he lifted blood stains with the help of cotton which was kept in a plastic bottle and was sealed with the seal of US. The blood from the walls of the room was seized by completing necessary formalities. One red cloth piece having blood stains and other necessary articles were also seized from the spot after completing formalities. IO Inspector Umesh Singh, PW-24 also lifted hair with blood lying at the spot and had kept the same in a plastic bottle which was sealed with the seal of US. One ear phone with plastic code having blood stains, one electric wire, one broken blade having blood stains which were lying on the floor were also seized after completing necessary formalities. All the aforementioned articles were seized vide memo Ex.PW 21/A. The Crime team had also reached the spot and inspected the site. The scene of crime was also photographed.
3. After the postmortem examination, dead body was handed over to the family members of the deceased. During investigation, statements of prosecution witnesses were also recorded. Search was conducted for the culprits. After about 7-8 days of the incident, one public witness, namely, Deepak Kumar, PW-2 met Inspector Umesh Singh, PW-24 and had stated that on the day of the incident, he had seen appellant Mukesh along with two persons coming down from the stairs of Manish Abhinav Plaza Sector 5, Dwarka, i.
