In cases involving a conviction under Section 302 IPC, it is only in exceptional cases that the benefit of suspension of sentence can be granted.

KAILASH GAMBHIR, J.

1. By this order we propose to dispose of two separate bail applications filed by the appellants seeking suspension of their sentence pending disposal of the appeals preferred by them.

2. Shorn of unnecessary details, the case of the prosecution in brief is as under:-

“A complaint dated 15.04.2004 was lodged by Mr. B.M Lal with the police informing about the murder of his captain son Captain Rajan Aggarwal on the board ship MV Crimson Galaxy, the gist of which is that his son was a qualified Merchant Navy Captain with ovber 30 years of experience and on 05.04.2004, Captain M.P Bhasin, Incharge of Delhi Police of M/s Univan Ship management informed that his son Captain Rajan Aggarwal was missing from the ship since 4 p.m. from 04.04.2004 and initial inquiries revealed that a scuffle had taken place in the cabin as there was blood stain in the room that he requested the local office and the Hong Kong headquarter of company to carry out a thorough search of the vessel and the sea to locate his son and he learnt and that there was found on the ship deck clearly indicating cold blooded murder of his son on high seas. Mr. B.M Lal Palmase (Spain) which is the “Port of Call” for investigation.”

3. Extensive arguments were addressed by both the counsels who appeared for the appellants and Special Public Prosecutor who represented the State. On behalf of the appellant, Vivek Madhok arguments were addressed by Dr. Sarabjeet Sharma while on behalf of the appellant–Shankar Bhatia, arguments were addressed by Mr. Dinesh Mathur, Senior Advocate. State was represented through Mr. Pramod Kumar Dubey assisted by Mr. Ashwin Vaish, Advocate for the complainant.

4. Brief synopsis were also filed by both the parties. Dr. Sarabjit Sharma, counsel for the appellant, Vivek Madhok at the outset pointed out that, in all, there were three suspects who were deported from Spain but Delhi Police without conducting any sort of investigation to examine the role of Mr. Nekzad Cama gave him clean chit and later introduced him as a prosecution witness. Learned counsel for the appellant also submitted that the behavior of Nekzad Cama was not normal on the day of the incident as deposed by PW-51 – Inspector Ignacio Villar Perez, Chief in the Crime Branch at the Judiciary Police Brigade, Las Palmas. Learned counsel for the appellant also pointed out that DW-1 in answer to a question that as to whether anybody informed him if Mr. Nekzad Cama could be suspect, the witness said that the behavior of Nekzad cama was not normal on that day and he instantly requested a changed take over and in 10 minutes he was in the room of the Captain. Learned counsel for the appellant further argued that the case of the prosecution is based on circumstantial evidence but the prosecution miserably failed to prove the guilt on the part of the appellant – Vivek Madhok by producing any cogent and clinching evidence. Learned counsel for the appellant also argued that in a case based on circumstantial evidence motive undoubtedly plays an important role but the prosecution has not produced any evidence to show any kind of motive on the part of the appellants to commit the most heinous crime of murdering Captain Rajan Aggarwal and then to throw his body from the Deck in the high seas. Learned counsel for the appellant also submitted that both the appellants were cadets and there was neither any motive and nor any motive proved on record by the prosecution which could prompt or propel them to carry out the murder of their captain under whom they were getting training.

Dealing with the point wise conclusion drawn by the learned Trial Court, counsel submitted that the reasoning given by the learned Trial Court for arriving at 14 conclusions is not only based on no evidence but on the self perceived story of the prosecution without support of any corroborative evidence. Learned counsel for the appellant has rebutted these conclusions in his written submissions and the sa