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2015 Supreme(Del) 3383
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA & R.K. GAUBA, JJ.
Munna Lal – Appellant
Versus
State (Government of NCT of Delhi) – Respondent
Criminal Appeal Nos. 198 & 279 of 2000
Decided On : 30.11.2015
For Appellant:Mr. Azhar Qayum and Ms. Inderjeet Sidhu, Advocates.
For Respondent: Ms. Aashaa Tiwari, APP with Inspector C.P. Bhardwaj and ASI Shyam Sunder, P.S. Mukherjee Nagar.
The main legal point established in the judgment is the reliance on direct evidence, recovery of material evidence, and the presence of blood of human origin to establish guilt in a criminal case.
Headnote:
HOMICIDAL DEATH - CRIMINAL LAW - Code of Criminal Procedure, 1973 (Cr. P.C.), Indian Penal Code, 1860 (IPC), Arms Act - Section 173 Cr. P.C., Section 302 read with Section 34 IPC, Section 27 of the Arms Act
Fact of the Case:
Ram Asre suffered homicidal death due to stab injuries. The appellants were held guilty based on the testimony of eye witnesses and sentenced to imprisonment. The appeals challenged the judgment and order on sentence.
Finding of the Court:
The court found the appellants guilty based on the eye witness testimonies and upheld the conclusion that Ram Asre suffered a homicidal death. The court also found that the recovery of the blood-stained dagger and shirt at the instance of the first appellant, Munna Lal, provided substantial evidence of his involvement in the fatal assault.
Issues: The main issue was the guilt of the appellants in the homicidal death of Ram Asre, and the credibility of the eye witness testimonies.
Ratio Decidendi: The court relied on the direct evidence of the eye witnesses, the recovery of the blood-stained dagger and shirt, and the presence of blood of human origin on the recovered items to establish the guilt of the appellants.
Final Decision: The appeals were dismissed, and the convicted appellants were directed to surrender to custody within fifteen days to serve the sentences awarded against them.
R.K. GAUBA, J.
1. Ram Asre, son of Baijnath (the victim), aged about 22 years, resident of Jhuggi No. N-116 (also N-23), Indira Vikas Colony, falling within the jurisdiction of police station Mukherjee Nagar (the police station) suffered homicidal death, on account of stab injuries, received in an incident that took place at about 9:30 PM on 21.3.1997 in front of Jhuggi No. A-105 (N-15) in the same slum settlement. The case registered by the police (FIR No. 147 of 1997) resulted in report of investigation (dated 28.6.1997) under Section 173 Code of Criminal Procedure, 1973 (Cr. P.C.) being submitted. On its basis, the appellants herein were brought to trial in sessions Case No. 194 of 1997 on the charge for offence under Section 302 read with Section 34 of Indian Penal Code, 1860 (IPC). The appellant Munna Lal (the first accused) was also tried on the additional charge, under Section 27 of the Arms Act, on the allegation that he had used a dagger in the commission of offence of murder.
2. By judgment dated 25.10.1999, the appellants were held guilty as charged, primarily on the basis of testimony of two local residents viz. Ram Karan (PW-11) presented as eye witness and Brij Bhushan (PW-12), statedly a witness who had come on the scene in the midst of the crucial sequence of events. By order dated 26.10.1999, the appellants were sentenced to undergo imprisonment for life with fine of Rs. 2000/- in default, simple imprisonment for one year, for the offence under Section 302 IPC. The appellant Munna Lal was also sentenced to rigorous imprisonment for three years with fine of Rs. 500/- in default simple imprisonment for fifteen days for the offence under Section 27 of the Arms Act.
3. The appeals, at hand, assail the judgment and order on sentence as above.
4. The sentence awarded against appellant Munna Lal (A-1) was suspended during the pendency of his appeal by order dated 17.2.2003. Similarly, the sentence awarded against Ravinder (A-2) was suspended during the pendency of his appeal by order dated 4.4.2003, modified subsequently by orders dated 2.9.2003 and 19.2.2004. When these appeals came up for hearing both of them would not appear. This resulted in duress processes being issued. The presence of Ravinder (A-2) was eventually secured and, on his request, services of Ms. Inderjeet Siddhu, Advocate as an Amicus Curiae were made available to him by Delhi High Court Legal Services Committee. Munna Lal (A-1), however, remained elusive. Since the non-bailable warrants could not be executed, and notices under Section 446 Cr. P.C. to his sureties also did not bear any fruit, proceedings under Sections 82 and 83 Cr. P.C. were initiated. On directions, Delhi High Court Legal Services Committee appointed Mr. Azhar Qayum as an Amicus Curiae for arguing on his behalf.
5. The learned counsel for the two appellants fairly submitted at the outset that they do not dispute the prosecution case that Ram Asre had suffered a homicidal death, their plea being restricted to the argument that the appellants are innocent and have been falsely implicated. Notwithstanding the said concession, we have gone through the evidence on record and conclude that the finding to the effect that the death of Ram Asre was a case of culpable homicide was rightly returned by the trial court. We summarize the evidence in this regard herein below.
6. Lady constable Renu (PW-13), on duty in the police control room (PCR) had received a telephone call on 9:54 PM on 21.3.1997 about a person having been stabbed in front of Nirankari School, Indira Vikas Colony. She passed on this message to HC Balkar Chand (PW-3), the wireless operator in the police station. The evidence of said two witnesses together confirms that this information resulted in Daily Diary No. 58-B (Ex.PW-3/A) being recorded in the police station. The matter was entrusted to SI Dinesh Chand (PW-24) who, accompanied by Constable Mohd. Qasim (PW-9), set out from the police station for enquiry. By t
