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2016 Supreme(Del) 282
IN THE HIGH COURT OF DELHI
PRADEEP NANDRAJOG & MUKTA GUPTA, JJ.
RAJINDER & ORS. - Appellants
Vs.
STATE - Respondent
CRL.A. 253/2000
Decided On : 19.01.2016
For the Appellant :Mr. Jitender Singh and Mr. R.K. Singh, Advocates.
For the Respondent: Mr. Varun Goswami, APP for the State with Inspector Jitender Kumar, PS DBG Road.
Circumstantial evidence, admissibility of evidence, and credibility of extra-judicial confessions are crucial in establishing guilt beyond reasonable doubt.
Headnote:
Missing Person - Criminal Law - IPC Sections 302, 201, 381, 380, 34 - The judgment discusses the recovery of a missing person's body, post-mortem findings, recovery of incriminating evidence, extra-judicial confessions, and circumstantial evidence. The court analyzed the admissibility of evidence, including the recovery of the body and the weapon, and concluded that the appellants were guilty beyond reasonable doubt.
Fact of the Case:
A missing person report was lodged, and subsequent investigations led to the recovery of the deceased's body and incriminating evidence. Post-mortem findings indicated sharp and blunt force injuries. Extra-judicial confessions were made, and circumstantial evidence implicated the appellants.
Finding of the Court:
The court found the appellants guilty beyond reasonable doubt based on circumstantial evidence, including the recovery of incriminating evidence and the conduct of the appellants.
Issues: Admissibility of evidence, including recovery of the body and weapon, credibility of extra-judicial confessions, and sufficiency of circumstantial evidence.
Ratio Decidendi: The court held that the recovery of the body and weapon, along with circumstantial evidence, proved the guilt of the appellants beyond reasonable doubt. The court also questioned the credibility of the extra-judicial confessions.
Final Decision: The appeal was dismissed, and the appellants were ordered to surrender to custody and undergo the remaining sentence.
MUKTA GUPTA, J.
1. A missing report was lodged by Sita Ram, S/o Bal Kishan on January 08, 1993 stating that his father who had gone in the morning to open the shop at East Park Road after opening shop has not returned and is missing. He has made search in all the hospitals. On January 10, 1993 Sita Ram lodged a further report Ex.PW-4/B stating that his father was missing since January 08, 1993 and that while searching him he went to the first floor of the place of his business and on opening the room he found some blood and two broken teeth which appeared to be that of his father, and he suspected his servant Rajinder, his brother Lallan and their relative Suraj Lal in the kidnapping of his father for extorting money. He further stated that Rajinder, Lallan and Suraj Lal were also missing since January 08, 1993. He stated that the room on the first floor was provided by his father to Rajinder where his brother Lallan and friend were also sleeping at night and in the other room his father used to keep belonging of the shop. On a thorough search of room on the first floor in occupation of Rajinder, Lallan and Suraj two broken teeth of human being, one button of pant, two broken card board boxes which were blood stained, one match box, blood on the almirah and floor was found. On searching the almirah in the shop Rs. 20,000/- kept there were found missing. On January 13, 1993 Rajinder was arrested who pointed out the place where they had thrown the body of the deceased in Yamuna river. He also disclosed about the involvements of Lallan and Suraj along with him and that the body was brought in rickshaw enveloped in a black polythene sheet and thrown in river Yamuna. On moving towards the direction of the flow of water in the river at a short distance they found the black polythene sheet belonging to their shop entangled in bushes and also the dead body of his father.
2. Dr. L.T. Ramani PW-11 who conducted the post-mortem found the following:
“The clothes worn by deceased were wet and soiled with mud the shirt collar showed blood stains. The P.M. revealed the following external injuries :-
1. Cut throat incised wound 15 cm x 3 x 4 cm gapping on the upper part front and right side of neck from left sterno mastoid muscle to the right angle of mendibal cutting upper part of thyroid cartilages. Skin margins showed clean cut edges and left end of the wound showed three distinct splitting cuts.
2. An incised wound 5 x 1.5 cm transversally present on the left side front of neck.
3. Four finger tip bruises of 2 cm diameter each on the middle of left arm, anterior-lateral side.
ON INTERNAL EXAMINATION:
Scalp tissues, skull bone and brain were normal. There was bruising of 3 x 2 cm size on the upper lip of left side with mucus surface showing laceration of 2 cm x muscle deep. Two upper central incisor teeth appeared freshly broken, socket showed clotted blood. Neck tissues showed massive extravasation of blood on the front and right side and also around injury No.1 on the left side of the neck. All major blood vessels of the neck were cut on the right side and there was fracture of right cornua of hyoid bone with clotted blood around. Trachea contained blood. There was effusion of blood in sub cutaneous tissues of right clavicular area and upper part front of the chest of the right side. Second to 8th rib were fracture on the right side and second to 7th ribs were fracture on the left. Both lungs were bruised. Heart was normal. Stomach was emptied and other abdominal organs were normal.”
3. PW-11 opined that injuries No.1&2 were caused by sharp-edged weapon and were ante-mortem whereas injury No.3 to the lip, teeth and chest were ante-mortem caused by blunt force application. The cut throat injury was sufficient to cause death in the ordinary course of nature and the death was due to shock and haemorrhage consequent to the cut throat injuries. Time since death was about 6 days, the post-mortem having been conducted on January 14, 1993. He a
