Back
2016 Supreme(Del) 1553
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG & MUKTA GUPTA, JJ.
KYAMUDDIN – Appellant
Versus
STATE – Respondent
CRL.A. 602/2000
Decided On : 29-03-2016
Mr. Gagan Chhabra, Ms. Richa Narang and Ms. Vaishnavi Rao, Advocates.
Mr. Varun Goswami, APP for the State with SI Ashok Tirkey, PS Nand Nagri.
The main legal point established in the judgment is the application of the principles of res gestae under Section 6 of the Evidence Act in determining the admissibility of statements and facts connected with the main transaction.
Headnote:
murder - Criminal Law - Evidence Act, Section 6 - Summary of Acts and Sections: The court discussed the legal provisions related to res gestae under Section 6 of the Evidence Act and their application in the case. The court highlighted the principles of res gestae and their relevance in determining the admissibility of statements and facts connected with the main transaction.
Fact of the Case:
Kyamuddin convicted for the murder of Pappu and causing injury to Naushad. Naushad's statement and medical evidence formed the basis of the case.
Finding of the Court:
The court found Kyamuddin guilty based on the statements of Naushad and Sultan, and the recovery of the weapons used in the crime.
Issues: Contradictions in Naushad's statement and the admissibility of Sultan's statement under res gestae were raised as issues.
Ratio Decidendi: The court applied the principles of res gestae to admit Sultan's statement and corroborated evidence to establish Kyamuddin's guilt.
Final Decision: The appeal was dismissed, and Kyamuddin was ordered to surrender to custody.
MUKTA GUPTA, J.
1. Kyamuddin has been convicted for the offence of murder of Pappu @ Anis and for causing sharp injury to Naushad and directed to undergo imprisonment for life vide the impugned judgment and order on sentence dated September 21, 2000.
2. On receipt of DD No.31A, Ex.PA ASI Rajbir Singh PW-15 reached the GTB hospital. MLC of Naushad was collected which showed sharp incised wound and an abrasion and his statement was recorded on the basis of which FIR was registered. Naushad stated that he was working at shop No.106, Murga Market, Sunder Nagri for the last 20-25 days with Kyamuddin. On March 06, 1999 at around 5.30 PM Pappu s/o uncle of Kyamuddin had come to the shop and asked about Kyamuddin. After about 15-20 minutes Kyamuddin, Pappu and two other boys namely Iqbal and Saleem came to the shop and Kyamuddin took out the money. All four of them went to eat food and came back around 9.30 PM. Thereafter Saleem and Iqbal left the place. Leaving Pappu and Kyamuddin behind at the shop Naushad went to Rahis Kabab Hotel to take his dinner. When he came back after one hour and opened the shutter, Kyamuddin and Pappu were putting cloth on the floor and were preparing to sleep. Naushad also lied down in one corner. In the night he suddenly woke up and found Kyamuddin and Pappu doused in blood. Kyamuddin was having a knife used for cutting chicken and Pappu’s shoulder had been cut badly. Pappu had caught hold of Kyamuddin’s hand which was having the knife and in their fight he received injury on his left hand. He ran towards Murga Market, shop No.118 to call Sultan who was from his own village. After some time when he and Sultan came back, they found body of Pappu in the gali outside shop No.104 and he had died with his throat slit. Sultan took Naushad to GTB hospital. Statement of Sultan was also recorded who supported the version of Naushad. Statement of Naushad was also recorded under Section 164 Cr.P.C.
3. Dr.S.K. Verma conducted the post-mortem on the body of deceased Pappu and found the following ante-mortem injuries:-
“1. Incised, wedge shaped stab wound of size 2.5 x 0.4 x 8 cms placed on left side chest 2.5 cms above the coastal margin and 1.5 cms lateral to midline going downwards, backwards and towards left side cutting the skin, intercostal muscles, pleura and lower lobe of right lung. Blood was present all along the track.
2. Incised wound of size 30 x 0.5 x 0.5 cms placed on right superior orbital margin 1.2 cms lateral to midline.
3. Incised wound of size 5.0 x 1.0 x 0.5 cms placed on left side forehead 5.3 cms lateral to midline.
4. Incised wound cutting the upper lip in the middle of size 1.0 x 0.5 x 0.8 cms.
5. Incised cut throat wound of size 24 x 3 x 5 cms placed 9.0 cms above the sternal notch in the midline front of neck going horizontally on either sides of neck cutting the skin, neck muscles, blood vessels of neck and ant. surface of vertebral column along with trachea and oesophagus.
6. Incised wound of size 14 x 10 x 3 cms placed on the right shoulder back 2.0 cms below shoulder tip and 4.0 cms lateral to base of neck.
7. Incised wound of size 9 x 1 x 0.5 cms placed on right upper arm laterally 3.0 cms below the shoulder tip.
8. Incised wound of size 2 x 0.6 x 0.3 cms placed on right forearm medially 5.5 cms above the wrist joint.
9. Incised wound of size 2.5 x 0.7 x 0.5 cms present on outer aspect of left forearm 9 cms below the olecranon.
10. Incised wound over right auricle (ear) of size 2 x 0.5 x 0.5 cms.
11. Incised wound on posterior aspect of proximal phalanx of left index finger of size 1.5 x 0.5 x 0.2 cms.
12. Incised wound of size 1.5x0.5x0.2 cms on the middle phalanx on palmer aspect of right ring finger.
13. Four incised wounds of size 6.0x0.5x0.8 cms, 6.5x0.5x0.8 cms., 4x0.5x0.8 cms. and 5x0.5x0.8 cms. Intermingling with each other present over right temporoparietal region, all scalp deep.
14. Multiple abrasion reddish in colour in an area of 5.5x3.5 cms. present over middle
