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2013 Supreme(Del) 1080
High Court of Delhi
G.S. SISTANI & G.P. MITTAL, JJ.
Bikal Bhanot @ Vicky
Versus
State (NCT of Delhi)
Crl.A. No. 1439 of 2012
Decided on : 30-08-2013
For the Appellant:K. Singhal, Advocate.
For the Respondent: Ms. Rajdipa Behura, APP.
The main legal point established in the judgment is the requirement for concrete and reliable evidence to establish guilt beyond a reasonable doubt in a criminal case.
Headnote:
Conviction - Murder - Robbery - IPC 302, IPC 397 - Summary of Acts and Sections: The court discussed the prosecution's case against the appellant for the murder and robbery of Bias Dev Sharma, relying on circumstantial evidence and witness testimonies. The key legal provisions discussed include the circumstances relied upon to connect the appellant with the crime, the disbelieved recovery of the five rupee currency note, and the blood-stained clothes worn by the appellant at the time of his arrest. The court's decision was influenced by the disbelieved recovery of the currency note, blood-stained clothes, and the lack of concrete evidence linking the appellant to the crime, leading to the acquittal of the appellant.
Fact of the Case:
The appellant was convicted for the murder and robbery of Bias Dev Sharma based on the prosecution's case relying on circumstantial evidence and witness testimonies. The appellant denied the charges, claiming he was illegally detained and falsely implicated.
Finding of the Court:
The court found that the prosecution's case against the appellant was full of doubts, including discrepancies in the appellant's arrest and detention by the police. The court concluded that the appellant's arrest was shrouded in mystery and acquitted the appellant of the charges.
Issues: The issues revolved around the reliability of the prosecution's evidence, including the recovery of the currency note, blood-stained clothes, and the appellant's arrest. The court also considered the lack of concrete evidence linking the appellant to the crime.
Ratio Decidendi: The court's decision was influenced by the disbelieved recovery of the currency note, blood-stained clothes, and the lack of concrete evidence linking the appellant to the crime, leading to the acquittal of the appellant.
Final Decision: The court acquitted the appellant of the charges based on the doubts surrounding the prosecution's evidence and the appellant's arrest.
G.P. Mittal, J.
1. This Appeal is directed against the judgment dated 27.09.2012 and order on sentence dated 28.09.2012 passed by the learned Additional Sessions Judge(“ASJ”) in Sessions Case No.58/2008 FIR No.153/2008 P.S. Janak Puri whereby Appellant Bikal Bhanot was convicted for an offence punishable under Section 302 and Section 397 IPC and was sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs. 20,000/- and in default to undergo simple imprisonment (SI) for three years for the offence punishable under Section 302 IPC and RI for ten years and a fine of Rs. 10,000/- and in default to undergo SI for two years for the offence punishable under Section 397 IPC.
2. According to the prosecution, the appellant along with his mother’s brother (mama), co-accused Madan Sharma (since acquitted) committed murder of his father’s sister’s husband Bias Dev Sharma at his house on 15.05.2008 sometime between 12:30 to 3:30 pm. According to the prosecution version, deceased Bias Dev Sharma and his wife Raksha Sharma were planning to visit their two sons who were permanently settled in U.S.A. For this purpose, they recently withdrew a sum of Rs.1 lakh from the bank. It is alleged that the appellant, being a close relation, was aware of the same as also of availability of cash and other valuables in the house. The motive for commission of the crime was robbery. It is the case of the prosecution that the appellant and the co-accused being close relations of the deceased gained friendly entry to the house, slit Bias Dev Sharma’s throat and decamped with valuables including Indian currency over Rs.1 lakh, US $1000 and U.K. £500.
3. The case was registered on the basis of statement of Smt. Raksha Sharma. The prosecution filed a charge sheet against the appellant and co-accused (Madan Sharma) on the basis of circumstantial evidence. The prosecution version can be extracted from para 2 of the impugned judgment hereunder:
“2. Prosecution case is that SI Srikrishan and Ct. Ashok, on receipt of DD No.26A on 15-08-2008, reached first floor, C-4, H/20, Janakpuri, Delhi where a big crowd had already assembled. A person was lying dead in pool of blood. Iron almirah placed in the room was found open and ransacked and some articles were found scattered on the bed. SHO and District Crime Team also came to the spot and identity of the deceased came to be known as Bias Dev Sharma. Complainant Smt. Raksha Sharma, wife of deceased made statement to the effect that she was residing in the said flat with her husband and her both sons were settled in USA for last 20 years. On that day i.e. on 15-5-2008 at 10.00 A.M. she went to Mahadev Temple, Mansarovar Garden in the company of her husband and his friend Vishwanath Arora. Both returned home after leaving her in the temple. When she returned home at 3.15 PM, she received no response despite pressing the call bell. The door was not bolted from inside and hence gave way on push. When she entered the house she found her husband lying dead on floor. His neck was slit with sharp edged weapon. Further statement is that iron almirah kept in the same room was found open and articles were lying on the bed. Locker was also found open. When she checked almirah and locker, cash of Rs.1 lac (in the denomination of Rs.1000/-, Rs.100/-, Rs. 20/- Rs. 10/-, Rs. 5/- and Rs. 1/-) one thousand US Dollars, 500 pounds and some FDRs were found missing. Her husband’s golden chain and bracelet were also missing. At that time she could not know what else was missing from the house.
SI Srikrishan prepared rukka and sent to police station through Ct. Surender consequent of which FIR was registered and investigation was handed over to SHO. During investigation, Crime Team inspected the spot and dead body, photographer clicked photographs from different angles, finger print expert lifted the chance prints. Dead body was sent to DDU hospital mortuary for postmortem. From the spot, three towels, one Rado watch
