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2013 Supreme(Del) 586
High Court of Delhi
REVA KHETRAPAL & SUNITA GUPTA, JJ.
Sanjay Kumar
Versus
State
CRL.A. 382 of 2010
Decided on : 20-05-2013
For the Appellant:Ajay Verma, Advocate.
For the Respondent: Ms. Ritu Gauba, APP.
The credibility of eyewitness testimonies, supported by medical and forensic evidence, is crucial in establishing guilt in criminal cases.
Headnote:
Murder - Criminal Law - Indian Penal Code, Section 302/307 - The judgment discusses the ocular, medical, and forensic evidence, and upholds the conviction and sentence of the accused under Sections 302 and 307 of the Indian Penal Code.
Fact of the Case:
A young girl named Suman was stabbed to death by her cousin brother, Sanjay, due to the infamy brought by Suman to the family on account of her illicit relationship with a boy. The prosecution's case was supported by the testimonies of the two brothers of the deceased, who witnessed the crime, and medical and forensic evidence.
Finding of the Court:
The court found the testimonies of the two brothers of the deceased to be credible and consistent with the medical and forensic evidence. The accused was found guilty and convicted under Sections 302 and 307 of the Indian Penal Code.
Issues: The key issues revolved around the credibility of the eyewitness testimonies, the recovery of the murder weapon, and the motive for the crime.
Ratio Decidendi: The court relied on the consistent and credible testimonies of the eyewitnesses, supported by medical and forensic evidence, to establish the guilt of the accused. The non-examination of certain witnesses by the prosecution and the discrepancies in the recovery of the murder weapon were not sufficient to undermine the prosecution's case.
Final Decision: The appeal was dismissed, and the conviction and sentence of the accused under Sections 302 and 307 of the Indian Penal Code were upheld.
Reva Khetrapal, J.
1. On 31st August, 2004, at about 7.30 p.m., a young girl barely 20 years of age named Suman was done to death in her own jhuggi, being jhuggi no.B-181, Sanjay Colony, Okhla Phase-II, New Delhi. The author of the crime was the accused Sanjay, who, as per the prosecution’s case, stabbed the deceased Suman four times. The first two blows were administered on the neck of the deceased while the other two blows were received by the deceased on her arm which she held up to shield herself. The reason which impelled the accused Sanjay, who happened to be the cousin brother of the deceased, to do away with the deceased is stated to be the infamy brought by the deceased to the family on account of her illicit relationship with some boy.
2. The case of the prosecution as unfolded in the rukka recorded by PW24 SI Sandeep Ghai on the statement of the brother of the deceased PW1 Rajesh is as follows. On 31st August, 2004 at about 7.30 p.m. Rajesh, the brother of the deceased and Vinod, the cousin brother of the deceased were sitting on the roof of the house of Rajesh and were talking to each other regarding going to their native village as their grandfather had died at Nasirabad, when they heard cries of the deceased from the first floor “Bhaiya Bachao - Bhaiya Bachao”. PW1 Rajesh ran to the first floor from the iron staircase and found that his cousin brother (tau’s son), namely, Sanjay, who was residing in the adjoining jhuggi, was giving a knife blow to his sister Suman on her neck while shouting “Tu mere mana karne ke bavjud us ladke se milne se baaz nahi aa rahi hai aur hamare khandaan ki naak katva rahi hai. Tere bhai to kuch nahi kar rahe – mein hi kuch karta hoon aur tera kam-tamam kar deta hoon.” While saying so, he gave the second knife blow to the deceased. The deceased fell to the ground while shielding herself with her left arm. PW1 Rajesh on finding that his sister had fallen pounced upon Sanjay in an attempt to disarm him, whereupon Sanjay gave a blow on the neck of PW1 Rajesh and his shoulder saying: “Tum namard apni bahan ko nahi rok sakte ab saare kam muje hi karne padenge”. After saying so, Sanjay ran down the iron staircase and while doing so was accosted by PW2 Rajkumar, the younger brother of the deceased, who finding his brother and sister drenched in blood gave chase. On the hue and cry created by PW2 Rajkumar, other persons of the colony joined in the chase resulting in the apprehension of Sanjay outside the gali. The crowd then administered beatings to the accused Sanjay. In the meanwhile, with the help of neighbours PW1 Rajesh alongwith PW2 Rajkumar took the deceased to the road outside the gali from where he gave a call to the PCR at No.100 and boarded a three-wheeler scooter which was passing by. The deceased was taken to AIIMS Hospital where the doctor declared her brought dead.
3. The aforesaid rukka (Ex.PW24/A), as noted above, was recorded by SI Sandeep Ghai (PW24) at the hospital and dispatched through Constable Gulab Singh (PW16) to Police Station Okhla at about 11.10 p.m., who got registered case FIR No.608/04 (Ex.PW 24/A) and returned back to the spot at about 1.20 a.m.
4. During investigation, SI Sandeep Ghai (PW24) prepared site plan (Ex.PW24/B), lifted earth control, blood stained earth, blood in gauze, pillow and hairband from the spot and seized the same vide memo Ex.PW1/D, where-after he returned to the police station and deposited the case property in the malkhana. Thereafter, he again went to AIIMS Hospital where accused Sanjay present in the Court, who had also been taken to the hospital by the PCR, had been discharged. He was brought to the police post and formally arrested vide arrest memo Ex.PW16/F and his personal search conducted vide memo Ex.PW16/G. The accused disclosed that he had committed the murder of Suman because she was having an affair with some boy and her brothers were not doing anything in this regard. He further disclosed that he had thrown the
