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2013 Supreme(Del) 948
High Court of Delhi
SANJIV KHANNA & SIDDHARTH MRIDUL, JJ.
Gopi Chand Alias Pappu & Others
Versus
State
Crl.A. Nos. 349, 350, 351, 352, 353 & 354 of 2009
Decided on : 02-08-2013.
For the Appellants:Ajay Burman, Rajesh Samanotra, Ajay Burman, Sunil Malhotra, Advocates.
For the Respondent: Sanjay Lao, APP.
The testimony of an approver can be relied upon if corroborated by independent evidence, even if the evidence is not sufficient to sustain a conviction on its own.
Headnote:
Murder - Identification of dead bodies - Involvement of appellants - Corroborative evidence - Conspiracy - Charges framed - Legality.
Fact of the Case:
Arun Kumar and Jasbir, driver and cleaner of a truck owned by Dayal Chand, were murdered on 12th July 1984. The appellants, along with Ram Chail (since deceased) and Ashok Kumar (approver), were charged with murder, dacoity, and conspiracy. The headless body of Arun Kumar and the body of Jasbir were found in agricultural fields. The appellants were arrested on 24th July 1984 while sitting in a truck. Ashok Kumar made a confessional statement on 9th August 1984 and became an approver.
Finding of the Court:
1. The identity of the deceased persons was established through testimony, identification of personal belongings, and post-mortem reports. 2. The approver's statement implicated the appellants in the murders. His testimony was corroborated by circumstantial evidence, including the recovery of the stolen truck, recoveries made pursuant to the appellants' disclosure statements, and the testimony of a public witness who saw the appellants with the deceased on the day of the murders. 3. The appellants' contention that the charges framed against them were ambiguous or anomalous was rejected as they were aware of the case against them and no prejudice was caused.
Issues: 1. Identification of the dead bodies. 2. Involvement of the appellants in the murders. 3. Corroboration of the approver's statement. 4. Legality of the charges framed against the appellants.
Ratio Decidendi: 1. Identity of the deceased persons can be established through testimony, identification of personal belongings, and post-mortem reports. 2. The testimony of an approver can be relied upon if corroborated by independent evidence, even if the evidence is not sufficient to sustain a conviction on its own. 3. Corroborative evidence need not cover the entire prosecution story or every material particular, but it should provide reasonable assurance that the main story disclosed by the approver is true. 4. Charges framed against an accused person should be clear and unambiguous, but if an accused is aware of the case against them and no prejudice is caused, an ambiguous or anomalous charge may not be fatal.
Final Decision: The appeals were dismissed, and the convictions and sentences under Sections 302, 396, 201, and 120B IPC were upheld.
Sanjiv Khanna, J.
Tejpal, Gopi Chand and Krishan Lal have preferred these six appeals (two each) against their conviction vide two judgments dated 3rd March, 2009 by which the appellants have been convicted under Sections 302, 396, 201 and 120B of the Indian Penal Code 1860 (IPC, for short) for murder of Arun Kumar subject matter of FIR No. 300/1984, P.S. Civil Lines and for murder of Jasbir, subject matter of FIR No. 190/1984, P.S. Alipur. By separate orders of sentence dated 7th March, 2009, under FIR No.300/84 three appellants have been sentenced as under:-
RI for life apart from fine of Rs 2 Lacs each for commission of offence punishable u/s 302 IPC, in default of payment of fine, convicts will have to undergo additional SI for the period of two years.
RI for ten years apart from fine of Rs 50,000/-each for commission of offence punishable under Section 396 IPC, in default of payment of fine, convicts will have to undergo additional simple imprisonment for the period of one year.
RI for 6 years apart from fine ofRs.25,000/- each for commission of offence punishable under Section 201 IPC, in default of payment of fine, convicts will have to undergo additional SI of 6 months.
RI for six years apart from fine of Rs 25,000/- each for commission of offence punishable u/S 120-B IPC, in default of payment of fine, convicts will have to undergo additional simple imprisonment for the period of six months. The cumulative fine of Rs three lacs imposed upon each accused is to be given to legal heirs of deceased driver Arun as compensation. All sentences to run concurrently. By order of sentence dated 7th March, 2009, in FIR No. 190/1984 the appellants have been sentenced as under:-
RI for life apart from fine of Rs.2 lacs each for commission of punishable under Section 302 IP, in default of payment of fine, convicts will have to undergo imprisonment for the period of 2 years.
RI for 6 years apart from fine of Rs.25,000/- each for commission of offence punishable under Section 201IPC, in default of payment of fine, convicts will have to undergo additional SI for the period of 6 months.
RI for 6 years apart from fine of Rs.25,000/- each for commission of offence punishable under Section 120B IPC, in default of payment, convicts will have to undergo additional Simple Imprisonment for the period of 6 months.
Out of the cumulative, Rs.2.5 lacs imposed upon each accused shall be given to legal heirs of deceased cleaner Jasbir as a token of compensation.
2. The impugned judgments record that the trial and the charge sheets were consolidated pursuant to an application moved by the State but separate charges were ordered to be framed in the two cases. In a nutshell, consolidated and one set of evidence was recorded but the trials were not amalgamated as a single trial. Thus, there are two judgments and orders of sentence. As the facts are intertwined and overlapping, we have disposed of these appeals by this common judgment.
3. The prosecution version is that Arun Kumar and Jasbir were driver and cleaner, respectively, of Truck No. URM 660 which was owned by Dayal Chand (PW23). The appellants along with one Ram Chail, who died during the course of trial, and Ashok Kumar, who later became an approver, had committed or had conspired and committed murder of Arun Kumar and Jasbir on 12th July, 1984 with the motive and purpose of stealing the Truck No. URM 660.
4. FIR No. 300/1984 (Ex. PW-35/B) was registered at Police Station, Civil Lines, on 13th July, 1984 at 7.05 PM, after a headless body was found in the agricultural fields as intimated by Ramphal, Pradhan of Village Burari (PW 27). Earlier, DD entry No. 20 (Ex. PW 25/A and 35/A) was recorded on 13th July, 1984 at 6.45 PM. Identity of the deceased could not be ascertained but some torn papers were found near the dead body which gave leads for investigation. On 15th July, 1984, a skull without jaw and a green coloured pajama was recovered by the police from agricultural fields across t
