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2013 Supreme(Del) 1771
DELHI HIGH COURT
Sanjiv Kanna, Siddharth Mridul, JJ.
Joginder Yesu Dass - Appellant
Versus
State - Resopndent
Criminal Appeal No. 899 of 2012
Decided On : 08-01-2013
For the Appellant: Mr. A.J. Bhambhani, Adv. with Ms. Nisha Bhambhani , Ms. Bhavita Modi, Advo#31;cates.
For the State : Mr. Richa Kapoor, APP.
The central legal point established in the judgment is the application of Section 302 of the Indian Penal Code in cases of murder, based on the nature and severity of the injuries and the manner of the attack.
Headnote:
Conviction - Murder - Indian Penal Code, 1860 - Section 302
Fact of the Case:
Joginder Yesu Dass appeals his conviction under Section 302 of the Indian Penal Code for the murder of his wife Sheela Dass. The deceased was rushed to the hospital with incised wounds and subsequently succumbed to her injuries. Two eyewitnesses, the son and daughter of the deceased and the appellant, provided detailed accounts of the incident.
Finding of the Court:
The court found the appellant guilty of murder under Section 302 IPC based on the testimonies of the eyewitnesses and the nature of the injuries sustained by the deceased. The court rejected the appellant's argument for a lesser charge under Section 304, Part I, and upheld the conviction and sentence.
Issues: The key issues revolved around the nature of the injuries, the credibility of eyewitness testimonies, and the applicability of different sections of the Indian Penal Code.
Ratio Decidendi: The court relied on the eyewitness accounts, the medical evidence, and the nature of the injuries to establish the appellant's guilt under Section 302 IPC. The court rejected the argument for a lesser charge based on the severity and manner of the attack.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellant were upheld.
Sanjiv Khanna, J.—(ORAL)
Joginder Yesu Dass impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for murder of his wife Sheela Dass in the intervening night of 26/27th May, 2011, vide judgment dated 30th April, 2012 in Session Case No. 49/2011, arising out of FIR No. 204/2011 P.S. Malviya Nagar. By the impugned order dated 4th May, 2012, the appellant has been sentenced to life imprisonment and fine of Rs. 20,000/-, in default of payment of fine, he has to undergo Simple Imprisonment for three months.
2. Homicidal death of Sheela Dass stands undisputedly established. Dr. Pankaj Kumar (PW-1), Senior Resident, AIIMS, Department of Surgery has deposed that, on 27th May, 2011 at about 12.56 A.M., Sheela Dass was rushed to the hospital by her son Ashish Dass (PW-10) with alleged history of being stabbed. On examination, it was found that Sheela Dass had incised wounds over the abdomen and chest region. The patient was unfit for statement, as is recorded in the MLC (Ex. PW1/A). Sheela Dass was immediately shifted for further treatment and as per the medical record (Ex. PW1/B) she had three external injuries on her body. In the cross-examination, PW-1 has averred that the injuries were on the vital body portion but he could not say whether any vital organ of the body was damaged because that could only be determined after internal examination.
3. Dr. Thejaswi (PW-6), Senior Resident, Department of Forensic Medicines, Jai Prakash Naryan Trauma Centre, AIIMS, New Delhi has deposed that, on 7th June, 2011, he had conducted post mortem of the deceased Sheela Dass. He has proved his detailed report (Ex.PW6/A) and verified that the deceased had three injuries and all were sufficient in the ordinary course of nature to cause death. In his subsequent opinion, (marked Ex. PW6/B), on examining the knife he has opined that “it cannot be ruled out” that injuries were sustained with the said weapon of offence.
4. The Post Mortem Report (Ex.PW6/A) records that Sheela Dass had expired on 6th June, 2011 at about 3.10 P.M. while the treatment was being administered. On internal and external examination, the following injuries were noticed:- (i) Surgically stitched incised stab wound measuring 1.6×0.1 cms obliquely oriented was present on the left side of the lower chest. The lower inner edge was located 5 cms from midline and 18 cms from left clavicle. (ii) Surgically stitched incised stab wound measuring 2cms × 0.1 cms obliquely oriented was present on the left side of the upper abdomen, the lower inner edge was touching the midline and was located 21 cms below the suprasternal notch. (iii) Surgically stitched incised stab wound measuring 1.6 cms × 0.1 cms obliquely oriented was present on the left side of the lower abdomen, inner edge was situated 6 cms from midline and 9 cms above the inguinal ligament. The cause of death, as opined in Ex. PW6/A, reads as follows:-
“Septicemic shock and its complications due to peritonitis as a result of incised stab wound of the abdomen (injury no-2). All injuries are ante mortem in nature. Injury no 1, 2 and 3, individually and in combination of others, would be sufficient to cause death in ordinary course of life.” Ex. PW1/B is deceased’s medical record which delineates surgical and other treatments administered to the deceased by the hospital.
5. There are two eye witnesses to the occurrence, namely Ashish Dass (PW-10) and Yebrina Dass (PW-12), the son and daughter of the deceased and the appellant. The statements of the two natural eye witnesses are categorical and veritable. PW-10 has testified that on 26th May, 2011, his father returned inebriated from his duty at about 8.00 P.M. and quarreled with all the family members, including his mother till he went to sleep at around 10.00 P.M. At about 11.30 P.M. he woke up hearing his father and mother fighting. He saw that his father, who was on his mother, had a knife in his hand while his knee pressed his mother’s body. From the one
