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2013 Supreme(Del) 885
High Court of Delhi
PRADEEP NANDRAJOG & V. KAMESWAR RAO, JJ.
Raju Jamadar & Others
Versus
State
Crl.A. Nos. 280, 507 & 598 of 1998
Decided on : 23-07-2013.
For the Appellants:Arun Kumar Srivastava with Ms. Shalini Mediratta, Ms. Saahila Lamba, DHCLSC, Vikas Gupta, Ms. Swati Sukla, Advocates.
For the Respondent: Pawan Sharma, Standing Counsel (Crl.).
The burden of proof on the prosecution and the accused, and the availability of the plea of self-defense even if not specifically taken by the accused.
Headnote:
302/34 IPC - Conviction for culpable homicide not amounting to murder - Section 302/34 IPC - Summary of the acts and sections referenced and discussed by the court: The court analyzed the testimonies of witnesses and applied legal principles from various cases such as Woolmington vs. The Director of Public Prosecutions, Emperor vs. Udamapala, K.M.Nanavati vs. State of Maharashtra, and Vijayee Singh & Ors. vs. State of UP to determine the guilt of the accused. The court considered the burden of proof on the prosecution and the accused, and the availability of the plea of self-defense even if not specifically taken by the accused.
Fact of the Case:
The appellants were convicted for the murder of a person named Khalid and for causing injury to another person named Anjum. The court analyzed the testimonies of witnesses and found that the incident emerged from a quarrel triggered by the deceased, leading to the conviction being altered to culpable homicide not amounting to murder.
Finding of the Court:
The court found that the evidence suggested the incident was not pre-meditated and that the accused acted in the heat of passion, leading to the conviction being altered to culpable homicide not amounting to murder.
Issues: The issues revolved around the testimonies of witnesses, the burden of proof on the prosecution and the accused, and the availability of the plea of self-defense.
Ratio Decidendi: The court applied legal principles from various cases to determine the guilt of the accused, including the burden of proof on the prosecution and the accused, and the availability of the plea of self-defense even if not specifically taken by the accused.
Final Decision: The court disposed of the three appeals, altering the conviction of the appellants from murder to culpable homicide not amounting to murder, and maintained the conviction for the offense punishable under Section 325 IPC. The appellants were sentenced to undergo imprisonment for both offenses for the period already undergone, with the sentences deemed to run concurrently.
Pradeep Nandrajog, J.
1. The three appellants, Raju Swami @ Raju Madrasi, Raju Jamadar and Kamal Kishore @ Kamo stand convicted for having committed an offence punishable under Section 302/34 IPC along with co-accused Gaya Prasad.
2. As recorded in the order dated July 23, 2012 passed in Crl.A.No.177/2000 filed by Gaya Prasad, said appeal stood abated on account of death of Gaya Prasad.
3. Accordingly, the above captioned three appeals are being decided.
4. Inspector Ram Janam Singh PW-20A, working in P.S.Welcome, was handed over the Daily Diary entry recorded by the Duty Officer at around 9.53 AM on October 05, 1990 as per which it was recorded that a fight was taking place in the Janta Flats at ‘G’ Block, Seelampur. As deposed to by Inspector Ram Janam Singh, on reaching the place of the incident he learnt that a victim had been removed to GTB Hospital. He reached the hospital and found that a person named Khalid had been brought to the casualty of the hospital at 10.15 AM by one Gurjeet Singh @ Lovely PW-18, where he was declared brought dead by Dr.Raman Tyagi. Anjum PW-3 was brought at the casualty of the hospital by Ct.Satpal at 11.15 AM and claimed to be an eye witness. Accordingly, he i.e. Inspector Ram Janam Singh recorded Anjum’s statement Ex.PW-3/A and made an endorsement, Ex.PW-20A/A at 12.45 noon, and despatched the rukka through Ct.Samay Singh who was accompanying him for FIR to be registered. On receipt of the rukka from Ct.Samay Singh , SI Purnima Singh PW-2 registered FIR No.187/1990, Ex.PW-2/A, at 1.00 PM.
5. In the statement Ex.PW-3/A, Anjum stated that he was residing at H.No.C-112 (illegible due to paper being torn as record is old) Seelampur and at 9.30 AM in the company of his friend Asif he was present at the hotel of Aslam. His friend Khalid came with a Sikh boy named Gurjeet Singh and told him that in the morning a boy had beaten Gurjeet in Janta Colony and requested him to counsel the said boy, at that, accompanied by Asif, Khalid and Gurjeet he proceeded towards Janta Colony. They reached the colony at 9.45 AM but did not find the boy. As they were returning, 3/4 boys armed with a lathi and a knife attacked them from behind. As he looked back he saw Raju Madrasi with a knife in hand and Gaya Prasad, Kamo and Raju Jamadar with lathies in their hands. He knew them from before. Gaya and Kamo caught hold of Khalid and Raju Madrasi stabbed Khalid in the chest, armpit and back. Raju Jamadar hit him on his leg. He and Khalid fell down and after assaulting them the assailants fled. Gurjeet took Khalid to the hospital but he died on the way. Asif ran and summoned the police.
6. After the FIR was registered, the Investigating Officer lifted control earth and blood stained earth from the scene of the crime. He summoned a photographer who photographed the scene of the crime. Rough site plan was prepared. Since four accused were named, they were apprehended. The usual story hereinafter. On a disclosure statement made by Raju Madrasi, a knife, stated to be the weapon of offence, was recovered and likewise at the instance of the other co-accused lathies were recovered. And these were cited in evidence as weapons of offence recovered pursuant to disclosure statements made by the accused.
7. Post mortem of deceased Khalid was conducted by Dr.Raman Tyagi who prepared the report Ex.PW-20/A, proved at the trial by Dr.Kishore Singh PW-20, since Dr.Raman Tyagi had left service at the mortuary of the hospital. The post mortem report shows three stab wounds. Two on the chest of Khalid, one of which punctured left lobe of the lung and the second traversing downwards cut an artery in the liver. The third stab wound was muscle deep in the right lumber region. A small incised wound, skin deep, in the right side of the abdomen was also noted. The cause of death was the usual: Cardiac shock due to haemorrhage. Injury No.1 and 2 were opined to be individually and collectively sufficient to cause death.
8. Anjum’s MLC Ex
