HIGH COURT OF DELHI
REVA KHETRAPAL & SUNITA GUPTA, JJ.
Nitin Verma & Another
Versus
State & Another
Crl.A. 289 of 2013 & Death Sentence Ref. 4 of 2012
Decided on: 06-09-2013
Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 313, 366 - Evidence Act, 1872 - Section 27 - Murder - Motive to commit the crime - Accused had affair with a girl even after the marriage - Testimony of two witnesses regarding accused having relation with a girl goes unrebutted - It was not assailed in cross examination - No suggestion was given - Held, where a party fails to avail right of cross examination of witness despite there being sufficient opportunity and testimony of such witness remains unrebutted and unimpeached, then in such circumstances, such testimony has to be given due credence
Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 313, 366 - Evidence Act, 1872 - Section 27 - Murder - Death penalty - Dominating position - Brutal murder - Rehabilitation - Life imprisonment - Accused was in a dominating position - There was no provocation to the convict from any of the three innocent helpless victims - Murder was committed in a pre-planned manner - Brutal, diabolic and grotesque manner in which murder was committed - Accused was legally and morally bound to take care of his parents and wife - Accused wiped out his whole family in order to ensure that he continued his liaison with a girl in the neighbourhood and marry her - Held, accused was not a murder to satisfy any greed - Accused has no bad antecedents nor is a hard core criminal nor an anti-social element - Being a young boy, possibility of his rehabilitation is not foreclosed - Death penalty is not warranted - Accused was granted rigorous imprisonment for end of his life subject to any remission granted by the appropriate government - Appeal disposed of.
Sunita Gupta, J.
1. Appellant Nitin Verma in Crl.A No.289/2013 and accused in Death Sentence Ref. No.4/2012 is charged with the commission of offence of patricide, matricide and uxoricide. Vinod Verma, Pushpa Verma and Pooja Verma are the father, mother and wife of appellant-accused.
2. Prosecution case emanates from the fact that DD No.5A was recorded in P.S Dwarka on receipt of an information through telephone from G-50 to the effect that 2-3 persons had been killed in House No.136, Gali No.9, Raj Nagar-II. The copy of DD was sent to SI Rajender Singh(PW19) through Ct. Raj Singh for necessary action. SI Rajender Singh (PW19) along with Ct. Surender (PW22) reached H.No.136, Gali No.9, Raj Nagar-II and on enquiries came to know that the incident has taken place in H.No.234A, Gali No.9, Raj Nagar-II. Meanwhile, Insp. Anil Kumar(PW31) was also apprised about the incident through wireless. He along with his staff reached the place of incident where he found a male person drenched in blood, lying on the floor outside a room on the ground floor, who was wearing a pant, whereas the upper portion of his body was without clothes. There were injuries inflicted by a sharp edged weapon all over his body. Blood trail was seen from that place upto the stairs leading to first floor. Insp. Anil Kumar reached the first floor and found a lady, who was already dead in a sitting poster on a sofa in the verandah, on whose body also, there were injuries inflicted by sharp edged weapon. There was blood on the sofa as well as on the floor. On entering the room, in front of sofa, a lady was found lying dead on the entrance, drenched in blood and having injuries all over her body, inflicted by a sharp edged weapon. Blood stains were found on the walls also. Blood had spread on the stairs and impression of blood stains were on various places on the walls. The lights and fans were switched on in the house. The ornaments kept in the house had not been touched. The ladies were found wearing their ornaments. The mangalsutra as well as purse etc. were found intact on the dressing table. Inquiries from the neighbourhood revealed that the dead body on the ground floor is that of house owner, namely, Vinod Verma, the dead body of the lady on sofa on the first floor is that of Pushpa Verma, wife of Sh. Vinod Verma and the dead body of the lady inside the room on the first floor is that of Pooja Verma, daughter-in-law of Vinod Verma and wife of accused Nitin Verma. Crime team was called at the spot and the spot was photographed from various angles, chance fingerprints were lifted from the spot, blood samples and earth control were lifted from near the dead body and seized by the police. It came to be known that Nitin Verma, son of Sh. Vinod Verma, has been taken in PCR van to the DDU hospital in an injured condition. Insp. Anil Kumar, prepared a rukka and got the FIR registered.
3. Insp. Anil Kumar reached DDU hospital and found Nitin Verma admitted there. There were injuries on his fingers, palms and thigh inflicted by a sharp edged weapon. Blood sample of Nitin Verma was collected and he was shifted to Safdarjung hospital for treatment. After his discharge from Safdarjung hospital, he was brought to police station where he was interrogated. He was arrested vide arrest memo Ex.PW1/F and his personal search was taken vide memo Ex.PW31/A. He made a disclosure statement Ex.PW20/D, wherein he admitted his involvement in the offence. He got recovered one blood-stained baniyan (vest), one small towel and knife, which were seized. One mobile phone make Huawei C-2601 was also recovered from his possession in the hospital and the same was seized vide seizure memo Ex.PW20/C. During further investigation, it was revealed that the reason for the murders was a lady named Surbhi Rana PW 27, who lived in the neighbourhood of the accused and who was the bone of contention between the accused and the deceased. Surbhi Rana was contacted and her mobile phone of make Haie
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