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2016 Supreme(Del) 516
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG, MUKTA GUPTA, JJ.
Vishal - Appellant
Versus
The State - Respondent
Crl. Appeal 413/2000
Decided on : 01-02-2016
Advocate Appeared:
Mr. Harsh Prabhakar, Mr. Dhruv Chaudhary, Mr. Anirudh Tanwar
Mr. Varun Goswami
The need for corroboration in last-seen evidence cases and the requirement to establish motive for the crime.
Headnote:
Section 302 IPC - Conviction based on last-seen evidence and recovery of weapon and clothes - Discrepancies in prosecution's case - Motive not established - Acquittal of co-accused - Appeal allowed
Fact of the Case:
The appellant was convicted for the offence punishable under Section 302 IPC based on being last seen with the deceased and recovery of a dagger and clothes stained with human blood. The prosecution alleged disputes over money as the motive for the crime.
Finding of the Court:
The court found discrepancies in the prosecution's case, including inconsistencies in the timing of recoveries and lack of corroboration for last-seen evidence. The motive was not established, and the acquittal of the co-accused on similar evidence led to the appellant's acquittal.
Issues: Discrepancies in prosecution's case, lack of corroboration for last-seen evidence, and failure to establish motive.
Ratio Decidendi: The court emphasized the need for corroboration in last-seen evidence cases and highlighted the importance of attending circumstances. It also stressed the requirement for establishing motive and scrutinizing the prosecution's case for inconsistencies.
Final Decision: The appeal was allowed, and the appellant was acquitted.
Pradeep Nandrajog, J.
1. Vide judgment dated February 26, 2000 the appellant has been convicted for the offence punishable under Section 302 IPC and vide order on sentence dated February 29, 2000 he has been awarded the punishment to undergo imprisonment for life and pay fine in sum of Rs.5,000/-; in default of which to undergo simple imprisonment for a period of one year.
2. At the outset we may notice that the other accused arrayed at the trial, namely -Nasir @ Zero and Babu Lal have been acquitted of the charge of murder but Madan @ Vikrant has been held guilty for the offence punishable under Section 201 IPC and sentenced to the period already undergone by him in custody. Therefore we are to decide the fate of the appellant alone in this appeal.
3. Concerning the appellant, the finding of guilt has been arrived at by the learned Trial Judge in view of the evidence of being last seen in the company of Saleem (hereinafter referred as the ‘deceased’) emerging from the testimony of Raseeda PW-3 Mohd.Anish @ Ajju PW-4 and Sayyed Ahmed @ Gajju PW-5 coupled with the circumstance of recovery of a dagger and clothes stained with human blood at his instance from the tenanted premises of co-accused Madan @ Vikrant. Dr. Ashok Jaiswal PW7 opined that the said dagger could have been used to inflict the injuries found upon the body of the deceased. Furthermore, the learned Trial Judge held that the motive stood established in view of the statement made by Raseeda during cross-examination that there existed disputes between the deceased and the accused persons over distribution of money.
4. The facts germane to the adjudication of the present appeal lie within a narrow compass and may be taken note of pithily to avoid prolixity, while eschewing unnecessary reference to the circumstances/evidence qua the co-accused who are not before us in appeal and the State has also not preferred appeal against their acquittal.
5. Criminal justice machinery was set into motion on October 11, 1997 when telephonic information was received at P.S Shakarpur from the Police Control Room that an unidentified dead body had been found at Yamuna Pushta Road, Thokar No.8, Laxmi Nagar Chungi. The said information was reduced into writing and consequently D.D No.3A was recorded at 07:42 A.M. Copy of the said D.D was transmitted to S.I Sher Singh PW-16 through Ct. S.P. Nair PW-11 for necessary further action.
6. Around 7:50 A.M, SI Sher Singh along with Ct. S.P. Nair reached the spot. SI Sher Singh prepared the rukka by making an endorsement/tehrir beneath the copy of D.D No 3A [Ex. PW 16/A] and sent the same to the Police Station at 09:30 A.M through Ct. S.P. Nair for registration of F.I.R. It was recorded in the tehrir that many persons had collected at the spot however no eye-witness could be found and the identity of the deceased could also not be ascertained.
7. Consequently, S.I Kusum PW-2 deputed as Duty Officer at P.S-Shakarpur registered F.I.R No. 528/97 U/s 302 I.P.C [Ex. PW 2/A] at 09:45 A.M.
8. Ct. S.P. Nair returned to the spot at around 10:30 A.M along with a copy of the F.I.R and the original rukka. The Crime Team reached the spot. Ct.Arun Kumar PW-8 took photographs of the dead body and the spot from different angles. Eleven negatives were produced in Court [Ex. P.1-P.11] and nine photograph prints form part of judicial record [Ex. P.12-P.20]. SI Sher Singh conducted spot-investigation. He collected samples of earth control (Ex.P.23), blood stained soil (Ex.P.22) and blood lying at the spot (Ex.P.21) vide Seizure Memo [Ex. PW 11/B] in presence of Ct. S.P. Nair and Ct. Manoj Kumar PW-12. Three (3) plastic vials containing the said material and a cash amount of Rupees Three Hundred recovered from the personal search of deceased was deposited in the Malkhana by SI Sher Singh and entry to this effect was made in the Malkhana Register at S.No.2161 [Ex PW-10/A-1].
9. Statements of Shyam Lal and Baiju Rai(not examined during trial) were recorded by SI Sher
