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2014 Supreme(Del) 993
High Court of Delhi
P.K. BHASIN & VED PRAKASH VAISH, JJ.
Rakesh Kumar & Others
Versus
State
Criminal Appeal No. 387 of 1998
Decided on : 31-03-2014
For the Appellants :D.C. Mathur, Rebecca M. John, Sr. Advocates with Jairaj Mudgal, Harsh Bora, Advocates.
For the Respondent: Sanjay Lao, APP.
Headnote:
IPC - Offence under Sections 302/325 read with Section 34 - Summary of Acts and Sections: The court discussed the applicability of Sections 302/325 read with Section 34 of the Indian Penal Code (IPC) and highlighted key legal provisions related to common intention and shared liability under Section 34. The court's decision was influenced by the testimonies of eye-witnesses and medical evidence, which established the guilt of the accused under the relevant sections of the IPC.
Fact of the Case:
The prosecution presented evidence of the accused's involvement in a fatal assault on the deceased, which resulted in his death. The defense argued that the accused were falsely implicated, citing discrepancies in witness statements and lack of evidence for the alleged motive and recovery of the weapons used in the crime.
Finding of the Court:
The court found the testimonies of the eye-witnesses to be consistent and reliable, establishing the guilt of the accused. The court also noted that the delay in lodging the FIR was not fatal to the prosecution's case, as it was duly explained and not indicative of mala fide intent. The court rejected the defense's argument regarding the recovery of weapons, emphasizing that the recovery from a specific hiding place known only to the accused was significant.
Issues: The issues revolved around the credibility of witness testimonies, the impact of delay in lodging the FIR, and the validity of the recovery of weapons from an accessible but specific hiding place.
Ratio Decidendi: The court emphasized the reliability of witness testimonies, the significance of a reasonable explanation for delay in lodging the FIR, and the importance of specific hiding places in the recovery of evidence.
Final Decision: The appeal was dismissed, and the accused were ordered to serve the remainder of their sentence. The court's decision was based on the consistent testimonies of the eye-witnesses, the explanation for the delay in lodging the FIR, and the significance of the recovery of weapons from specific hiding places known only to the accused.
Ved Prakash Vaish, J.
1. The appellants have assailed the impugned judgment dated 30th July, 1998 passed by the learned Additional Sessions Judge, Delhi whereby the appellants have been convicted for the offence under Sections 302/325 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’). Vide order on sentence dated 31st July, 1998, the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- under Sections 302/34 IPC and in default of payment of fine, the appellants shall further undergo rigorous imprisonment for a period of six months. The appellants were also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500 each, in default whereof, RI for three months under Sections 325/34 IPC. Both the sentences were ordered to run concurrently.
2. The case as unfolded by the prosecution is that on 11.12.1994 on receipt of DD No.7A, ASI Sri Bhagwan along with Constable C.J. Thomas reached at Din Dayal Upadhaya Hospital and obtained MLC of injured Ram Kumar who was under the observation of the doctor and was declared unfit for making any statement. The injured was referred for skull x-ray by the doctor, on the way to which the injured Ram Kumar succumbed to the injuries. ASI Sri Bhagwan met Shri Balwant Singh, father of the deceased Ram Kumar in the hospital. Balwant Singh made a statement regarding the occurrence of the incident. ASI Sri Bhagwan made his endorsement and sent rukka to the police station for registration of the case. SHO, PS Kanjhawla along with his staff reached the hospital. Complainant Balwant Singh was also sent for medical examination but on account of rush in the hospital and also on account of apprehension of the complainant about well being of his family members and keeping in view his request that first he wanted to go home, ASI Sri Bhagwan along with SHO and complainant Balwant Singh reached Village Kanjhawla. At the instance of Balwant Singh, police inspected the spot of incident and recorded the statement of Raj Singh, Narinder, Suraj Bhan and Ram Pat. Balwant Singh was also medically examined at Din Dayal Upadhayay Hospital and thereafter the investigation was taken over by Inspector Bhatia of Special Investigating Unit.
3. On 12.12.1994, the Investigating Officer visited Din Dayal Upadhaya Hospital and in the presence of Balwant Singh and Mangey Ram, he conducted the inquest proceedings in respect of the deceased Ram Kumar. He filled the inquest form, prepared brief facts and recorded the statements of Balwant Singh and Mangey Ram and also prepared an application for post mortem examination. Thereafter post mortem examination was conducted and clothes of the deceased were sealed and kept in a safe custody in a sealed parcel.
4. On 15.12.1994, Inspector Bhatia received an information that accused Surinder and Rakesh could be apprehended at ISBT at about 11.30 a.m. or so. Thus, he joined Balwant Singh and his nephew Suraj Bhan and proceeded to ISBT in search of the accused persons. He along with the witnesses reached ISBT, Kashmere Gate and thereafter at about 12.30 p.m., appellants Surinder and Rakesh were spotted by him near Sonepat bus platform at the instance of a secret informer, Balwant Singh and Suraj Bhan. The appellants were interrogated and during interrogation, appellant-Surinder besides giving other details of the incident disclosed that he could get the lathi used in the crime recovered from a place near pulia at Kanjhawla, Karala Road, where it was thrown by him. His disclosure statement was recorded. The appellant-Rakesh was also interrogated who also got his disclosure statement recorded wherein he stated that he had thrown the bat used in the crime near kudedan at Kanjhawla Road. The appellants were produced before the Area Magistrate and there police remand was obtained. Thereafter both the said appellants respectively got lathi and bat recovered from pulia and kuredan at Kanjha
