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2014 Supreme(Del) 1572
High Court of Delhi
KAILASH GAMBHIR & SUNITA GUPTA, JJ.
Ravi Kumar & Others
Versus
State
CRL.A. No. 819 of 2011
Decided on: 30-05-2014
For the Appellants:Ajay Verma, K. Singhal, Vivek Sood, Jitender Sethi, Advocates.
For the Respondents: Sunil Sharma, Additional Public Prosecutor.
Headnote:
The Court upheld the conviction of the appellants for the murder of Kuldeep, who was having an affair with the daughter of appellant Ravi Kumar. The Court found that the appellants had a common intention to kill Kuldeep and that they had acted in furtherance of that intention. The Court also rejected the appellants' plea of grave and sudden provocation, finding that the appellants had had ample time to cool down before they killed Kuldeep.
Fact of the Case:
Kuldeep was having an affair with the daughter of appellant Ravi Kumar. Ravi Kumar and his brothers, appellants Karamvir, Raj Kumar, and Sanjay, were angry about the affair and had threatened Kuldeep to stop seeing their daughter. On the day of the incident, the appellants saw Kuldeep walking with his brother Sunny and cousin Rupesh. Ravi Kumar told his brothers to kill Kuldeep, and they all attacked him. Karamvir and Raj Kumar caught hold of Kuldeep, while Sanjay hit him with a danda. Ravi Kumar then stabbed Kuldeep multiple times with a knife. Kuldeep died from his injuries.
Finding of the Court:
The Court found that the appellants had a common intention to kill Kuldeep and that they had acted in furtherance of that intention. The Court also rejected the appellants' plea of grave and sudden provocation, finding that the appellants had had ample time to cool down before they killed Kuldeep.
Issues: 1. Whether the appellants had a common intention to kill Kuldeep? 2. Whether the appellants acted in furtherance of their common intention? 3. Whether the appellants' plea of grave and sudden provocation is valid?
Ratio Decidendi: 1. The Court found that the appellants had a common intention to kill Kuldeep based on the following evidence: * The appellants had threatened Kuldeep to stop seeing their daughter. * The appellants attacked Kuldeep together. * The appellants used deadly weapons to attack Kuldeep. * The appellants continued to attack Kuldeep even after he was on the ground. 2. The Court found that the appellants acted in furtherance of their common intention based on the following evidence: * The appellants surrounded Kuldeep and prevented him from escaping. * The appellants used deadly weapons to attack Kuldeep. * The appellants continued to attack Kuldeep even after he was on the ground. 3. The Court rejected the appellants' plea of grave and sudden provocation based on the following evidence: * The appellants had had ample time to cool down before they killed Kuldeep. * The appellants had not been provoked by Kuldeep in any way.
Final Decision: The Court upheld the conviction of the appellants for the murder of Kuldeep.
Sunita Gupta, J.
1. Kuldeep along with his mother, brother and sister was residing in House No.73, Gram Sabha, Sewak Park, Uttam Nagar, Delhi. Sapna along with her father accused Ravi and other family members was residing at House No.71, Gram Sabha, Sewak Park, Uttam Nagar Delhi. Kuldeep developed a love affair with Sapna which became eye sore to the family of Ravi and his brothers. The relations between the two families became strained and the hatred developed to such an extent that not only the father of Sapna but her uncles also planned to commit murder of Kuldeep. With this pre-concerted plan, on 14th October 2006 at about 8:45 PM when PW2 Sunny along with his brother Kuldeep and his cousin PW3 Rupesh were returning from Balmiki Mandir located in their Colony and reached near the house of Shyam Khanna, all the four accused persons namely Ravi Kumar, Karamvir, Raj Kumar and Sanjay came out of the gali behind them and accused Ravi Kumar addressed to co-accused persons that Kuldeep has caused damage to their reputation because of an affair with his daughter Sapna and therefore, he should be killed. Thereafter, accused Raj Kumar caught hold of Kuldeep’s hands while Karamvir caught hold of his feet. When PW2 Sunny and PW3 Rupesh tried to come forward to save Kuldeep, accused Sanjay wielded a danda at them and threatened them not to come forward to save Kuldeep. Meanwhile, accused Ravi Kumar who was carrying a large knife(Chhura) stabbed Kuldeep on his abdomen and chest several times. After having caused injuries to Kuldeep, all the four accused persons ran away from the spot towards their house.
2. On 14th October, 2006 at about 9:15 PM, on receipt of an information, regarding murder having been taken place at Sewak Park opposite the house of Ashok Bagri, Head Constable Nempal Sharma recorded DD No.40A and informed Inspector Suresh Chand who along with Inspector R.S. Chahal reached the spot, i.e., opposite to House No.B-1, Sewak Park, Uttam Nagar where they met other police officials and came to know that Kuldeep has been murdered by accused Ravi Kumar, Karamvir, Raj Kumar and Sanjay with the help of a chhura. Blood was lying in the gali and the chabootra. One danda and a pair of blood stained hawai chappal belonging to the deceased was also found lying at the spot. Inquiry revealed that Kuldeep had been taken to Panchsheel Hospital. Inspector Suresh Chand went to Panchsheel Hospital where he came to know that the deceased had been taken to DDU Hospital by his brother Sunny. Thereupon Inspector Suresh Chand went to DDU hospital where he came to know that Kuldeep had been declared brought dead. PW2 Sunny met inspector Suresh Chand at the hospital. His statement Ex.PW2/A was recorded by Inspector Suresh Chand on the basis of which rukka was prepared and the same was sent to police station which resulted in registration of FIR 979/2006 u/s 302/34 IPC.
3. It is further the case of prosecution that there was strong resentment in the area and large crowd has gathered who were screaming maaro maaro. The accused persons were hiding inside their house. They were arrested from their house and pursuant to the disclosure statement made by the accused Ravi Kumar, a chhura was recovered from below the water tank at the place of worship at the back side of his house. After completing investigation, charge sheet was submitted against all the accused persons for offence under Section 302/34 IPC.
4. In order to substantiate its case, prosecution in all examined 28 witnesses. All the incriminating evidence was put to the accused persons while recording their statement under Section 313 Cr. P.C. wherein they denied the case of the prosecution, and alleged false implication in the case. It was further pleaded that on the day of incident which was a Saturday, they were busy in the Chowki of Kali Mata. At that time, police came to their house and took them and implicated them in this false case. However, they did not prefer to lead any evi
