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2012 Supreme(Del) 3008
DELHI HIGH COURT
Sanjiv Khanna, S.P.Garg, JJ.
Mukeem & Anr. - Appellant
Versus
State (NCT of Delhi) - Resopndent
Criminal Appeal No. 123 of 2012, Criminal M.B. No. 194 of 2012, Criminal Appeal No. 208 of 2012, Criminal M.B. No. 342 of 2012
Decided On : 21-09-2012
For the State : Mr. Sanjay Lao, APP.
For the Appellant : Mr. Satish Tamta with Ms. Ruchi Kapur, Advo#31;cates.
For the State : Mr. Sanjay Lao, APP.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear chain of circumstances linking the accused to the crime, and the need for credible and consistent evidence to support the conviction.
Headnote:
Conviction - Offences - Section 302/394/34 IPC and 27 of Arms Act - Summary of Acts and Sections
Fact of the Case:
The prosecution alleged that the appellants were involved in the murder of a child and robbery at a specific location. The witnesses' testimonies and the recovery of stolen items were central to the case.
Finding of the Court:
The court found discrepancies in the testimonies of the witnesses and the evidence presented by the prosecution. It concluded that the prosecution failed to establish a chain of circumstances linking the appellants to the crime.
Issues: The issues revolved around the credibility of witnesses, the recovery of stolen items, and the chain of circumstances linking the appellants to the crime.
Ratio Decidendi: The court's decision was based on the lack of credible evidence linking the appellants to the crime, including discrepancies in witness testimonies and the suspicious nature of the recovery of stolen items.
Final Decision: The appeals were allowed, the appellants were acquitted, and the impugned judgment was set aside.
S.P. Garg, J.;—
1. The present appeal is directed against the judgment dated 13.12.2011 and order on sentence dated 16.12.2011 of learned Additional Sessions Judge in Sessions Case No.55/2008 by which the appellants Mukeem (A-1), Khalid (A-2) and Deepak (A-3) were convicted for committing offences punishable under Section 302/394/34 IPC and 27 of Arms Act and sentenced to undergo imprisonment for life with fine.
2. The prosecution alleged that Daily Diary (DD) No.21 (Ex.PW-17-A) was recorded at police station Nand Nagri on 27.02.2006 at 5:50 P.M. on receipt of information that a child aged 14-15 years was murdered at House No.33A, Gali No.1, Bank Colony. The investigation was assigned to SI Ajay Singh Negi (PW-17) who with ASI Jalbir Singh (PW-14) and Constable Khursid reached there. The incident had taken place in House No.A-14 Adarsh Colony, Bank Enclave. On reaching there, they found the door of the house on the ground floor open. In the meantime, DD No.22 (Ex.PW7/B) was recorded at 05:55 P.M. where the information was conveyed about the murder of a boy at A-14, Adarsh Gali, Bank Enclave. This DD was also marked to SI Ajay Singh Negi.
3. PW-17 (SI Ajay Singh Negi) found that the household articles were lying scattered in the house. A boy aged 14/15 years was found in a pool of blood in the kitchen. He sent the victim in a PCR van to GTB hospital where he was declared ‘brought dead’. SI Ajay Singh Negi searched eye-witnesses but in vain. He made an endorsement on DD No.21 and sent the rukka for lodging First Information Report. Further investigation was taken over by Inspector Veer Singh Tyagi. Crime Team inspected the scene of crime and photographed it. The I.O. lifted blood, earth control, blood-stained towel, blood-stained cricket wicket, blood-stained bed sheet and prepared seizure memos. After completion of investigation, a charge-sheet was submitted against A-1 to A-3 in the court. As per the charge-sheet, the prosecution version is as under :
(a) Amita Goel (PW-9), deceased’s mother, disclosed that when she reached the house at 5:10 P.M. from her office and knocked at the door, there was no response from her son-Vaibhav. When she repeatedly knocked at the door, three boys came out and one of them was Mukeem (A-1) earlier employed as a driver with them. They fled the spot on a blue coloured Yamaha motorcycle DL3SAR-3954 parked in front of the house. Inside the house, she found the articles scattered and her son in the kitchen smeared with blood. She became unconscious and came to her senses subsequently. Ram Kumar reached the spot and helped her.
(b) Since A-1 was identified by the deceased’s mother as suspect, the police went to village Mandoli to apprehend him but he was not found there. On 28.02.2006, the body was sent for post-mortem. Dr.Arvind Kumar (PW-4) conducted post-mortem examination of the body. On 03.03.2006, A-1 was arrested when he arrived on motorcycle number DL3SAR-3954 at about 09:00 P.M. from the side of IIT at Kale Sarai. On his search, one gold necklace with beads was recovered from the pocket of the pant. Pursuant to the disclosure statement, A-1 recovered blood-stained shirt from the bed box in the house.
(c) A-3 was arrested on the same night from the house of his maternal grandmother (Nani) at village Saboli and one pair of gold ear-rings (tops) was recovered at his instance. He also produced a shirt and black pant which he was wearing on the day of incident. A-2 was arrested from his brother-in-law’s house at Loni, Ghaziabad and two gold bangles and a knife were recovered. He also produced shirt of light purple colour and light blue jeans pant which he was wearing at the time of incident. A-1 to A-3 also pointed the place of occurrence. (d) On 06.03.2006 Sagir (since discharged) was arrested from Mandoli.
(e) During investigation, (A-2 and A-3) refused to participate in the Test Identification Proceedings (TIP).
(f) The case property was got identified in Test Identification proceedings.
(g)
