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2016 Supreme(Del) 3605
IN THE HIGH COURT OF DELHI AT NEW DELHI
GITA MITTAL and P.S. TEJI, JJ.
RAJENDER @ KALLU - Appellant
Versus
STATE - Respondent
CRL.A.No. 375, 529 of 2015 & Crl. M(Bail) No. 1516 of 2016
Decided On : 26-09-2016
For the Appellant : Mr. Jivesh Tiwari.
For the Respondents: Ms. Aashaa Tiwari.
Headnote:
IPC - Criminal Law - Section 392, Section 397, Section 302, Section 393, Section 34 - The judgment discusses the commission of offences under these sections and the consequential sentencing of the appellants.
Fact of the Case:
The case involved the fatal stabbing of a man in a park, leading to the conviction of the appellants under various sections of the Indian Penal Code.
Finding of the Court:
The court found the appellants guilty based on the testimony of eyewitnesses and the recovery of the weapon used in the crime.
Issues: The main issue was the guilt of the appellants in the commission of the offences under the relevant sections of the IPC.
Ratio Decidendi: The court relied on the unshaken ocular account of the eyewitness and the recovery of the weapon to establish the guilt of the appellants.
Final Decision: The appeals were dismissed, and the judgment of the lower court was upheld, leading to the continuation of the appellants' sentences.
GITA MITTAL, J.
1. By way of the instant appeals, the appellants have assailed the impugned judgment dated 30th September, 2014 whereby the appellant (in Crl.A. 375/2015) Rajender @ Kallu has been found guilty for commission of the offences under Section 392 r/w 397 IPC and under Section 302 r/w 34 IPC, whereas the appellant (in Crl. A. 529/2015) Rajesh has been found guilty for commission of offences under Section 393 IPC and Section 302 r/w 34 IPC.
2. By the consequential orders on sentence dated 10th October, 2014 they were sentenced as follows:
Rajender @ Kallu
(Appellant in Crl. A. 375/2015)
Offence
Sentence
Section 392 r/w Section 397 IPC
Section 302 r/w Section 34 IPC
Rigorous Imprisonment for 10 years and a fine of Rs. 1,000 and in default of fine to undergo Simple Imprisonment for 2 years.
Rigorous Imprisonment for Life and a fine of Rs. 1,000 and in default of fine to undergo Simple Imprisonment for 3 years.
Compensation of Rs. 75,000 was additionally directed to be paid to the family of deceased Neeraj, and in default of payment to undergo Simple Imprisonment for 6 months.
Rajesh
(Appellant in Crl. A. 529/2015)
Offence
Sentence
Section 393 IPC
Section 302 r/w Section 34 IPC
Rigorous Imprisonment for 7 years and a fine of Rs. 1,000 and in default of fine to undergo Simple Imprisonment for 1½ years.
Rigorous Imprisonment for Life and a fine of Rs. 1,000 and in default of fine to undergo Simple Imprisonment for 3 years.
Compensation of Rs. 50,000 was additionally directed to be paid to the family of deceased Neeraj, and in default of payment to undergo Simple Imprisonment for 6 months.
The substantive sentences were directed to run concurrently and the benefit of Section 428 of the C.r.PC was allowed to the appellants.
3. As the two appellants were subjected to a common trial, stood convicted by the same judgment dated 30th September, 2014 and sentenced by orders dated 10th October, 2014, we propose to decide both their appeals by this common judgment.
4. It is the case of the prosecution that on the 6th of June 2010 at 14:02:14, information was received by the Police Control Room to the effect that one boy had been stabbed at the Pitampura District Park, who is unconscious.
5. The prosecution has placed the record of the police control room on the 6th of June 2010 at 14:02:14 hrs (Ex.PW21/A) which includes four reportings and read as follows :
"06/06/2010 14:13:25 I/C VAN AUR SHO PARK KE ANDER CHEK KAR REHE HAI AB KOI NAHI MILA. 06/06/2010 14:23:48 FROM c=30 RCD 3 MIN FROM BASE PITAM PURA PAWER HOUSO I/C VAN STACHER LE KAR PARK KE ANDER DAYA HAI LP SATH HAI WAIT FOR FURTHER HALAT. 06/06/2010 14:30:55 FROM C=30 INJ KO BEHOSI HALAT NEN AMEDKAR HOSPITAL LE KAR JA REHE HAI 06/06/2010 14:47:41 FROM C-24 = INJ NAMELY NEERAJ S/O PADAM SINGH AGE 25-26 YRS R/O NOOR NAGAR MARUT JO ABHI SHALIMAR BAGH MAI RAHTA HAI JO (1) LADKI NAME AND R/O U/K KE SATH PARK MAI BAITHA THA. (3) LADKE U/K CAME AND JHAGDA KIYA. JHAGDA MAI CHAKU MAR KAR BHAG GAYE AUR LADKI BHI MOKA PAR NAHI HAI. INJ KO C=30 BAHOSHI HALAT MAI HOSP LE JA CHUKI HAI. SHO WITH STAFF IS ON THE SPOT. C/ROOM IS INFORMED. 06/06/2010 15:17:08 FROM C-30=INJ KO DR. SHAHAB NE AMBEDKAR HOSP MAI BROUGHT DEAD DECLARE KIYA HAI. ISHKE CHHATI MAI DO DEEP CHAKU LAGE HAI JINME SE (1) CHAKU CHEST KE LEFT SIDE MAI AUR (2) CHAKU CHEST KE RIGHT SIDE MAI LAGA HAI JO BAHUT DEEP HAI. DR. NE CHAKU KE GHARAI NAHI BATAI HAI. JAMA TALASI MAI (1) ELECTION I/CARD ISH PAR SE HI ISHKA NAAM AUR PATTA CHALLA HAI JO C-24 NE UPPAR BATLAYA HAI. PURSE SE RS.-112/-(2) PHOTO SOME VISITING CARD AND (1) PHONE DIARY. H/O TO D/CT AMBEDKAR HOSP. C/ROOM IS INFORMED.” (Emphasis supplied)
6. This information was conveyed to the Police Station Maurya Enclave and logged as DD No. 19
