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IN THE HIGH COURT OF DELHI AT NEW DELHI
MUKTA GUPTA, NAVIN CHAWLA, JJ.
Deepu – Appellant
Versus
State – Respondent
Crl.Appl. No.246 of 2016
Decided On : 16-12-2017
Conviction - Indian Penal Code - Arms Act - Section 302 IPC, Section 25 Arms Act - 302 IPC, 25 Arms Act
Fact of the Case:
The appellant challenges his conviction under Section 302 of the Indian Penal Code, 1860 and under Section 25 of the Arms Act. The prosecution's case is that the appellant stabbed the deceased with a knife, leading to his death. The prosecution presented witness testimonies and forensic evidence to support their case.
Finding of the Court:
The court found the appellant guilty based on the witness testimonies and forensic reports. The court rejected the appellant's argument that the witnesses were unreliable due to being related to the deceased.
Issues: The issues revolved around the reliability of witness testimonies, the recovery of the weapon, and the applicability of Exception 4 to Section 300 of the IPC.
Ratio Decidendi: The court held that witness testimonies from close relatives are not necessarily unreliable, especially in the absence of any animosity or motive. The court also considered the applicability of Exception 4 to Section 300 of the IPC, which led to the final decision.
Final Decision: The court set aside the conviction under Section 302 IPC and convicted the appellant under section 304 Part II IPC. The sentence of life imprisonment was converted to RI for 7 years, and the conviction and sentence under Section 25 of the Arms Act were maintained.
NAVIN CHAWLA, J.
1. This appeal has been filed by the appellant Deepu challenging his conviction under Section 302 of the Indian Penal Code, 1860 and under Section 25 of the Arms Act vide order dated 26th March, 2015 passed by the Additional Sessions Judge, (FTC) E-Court, Shahdara, Karkardooma Courts, Delhi in Sessions Case No.29/2012. The appellant further challenges the order dated 26th March, 2015 passed by the learned Additional Sessions Judge sentencing him with life imprisonment and with fine of Rs.10,000/- under Section 302 IPC and 3 years RI with fine of Rs.5,000/- under Section 25 of the Arms Act.
2. The case of the prosecution is that on 7th March, 2012 at around 9.40 pm, information was received at P.S. Mayur Vihar from duty Constable, LBS Hospital that Suraj Bali s/o Late Sh.Bahadur (hereinafter referred to as the deceased) has been brought dead to the hospital by his brother Charan Pal (PW-6). MLC (Ex.PW11/A) records the time of arrival as 9.55 p.m. On receipt on this information, ASI Shailender Singh along with Constable Rajkumar (PW7) reached the Hospital. They met Uncles of the deceased namely Harish (PW-4) and Ashok (PW-5) as also brother of the deceased Charan Pal at the hospital. Statement of Harish was recorded wherein he has stated that on 7th March, 2012 at about 9.00 PM while taking walk after meals, he reached at 19 block chowk near the shop of Dharam Kabari at Trilok Puri and saw the appellant lifting the knife from his rehri and piercing it in the chest on the deceased, due to which the deceased fell down and started bleeding. On seeing this, public gathered at the spot. On hearing the noise, Charan Pal and Ashok Kumar also reached there. The appellant ran away from the spot. The deceased was rushed to the hospital, where he was declared brought dead. After recording the statement of Harish, ASI Shailender Kumar along with Constable Rajkumar, Harish, Ashok and Charan Pal came to the place of incident and found blood lying on the road in front of the shop of Dharam Kabari. In the meanwhile, SHO PS Mayur Vihar came to the spot. The Crime Team also came to the spot. Photographs were taken of the spot. The Crime Team inspected the body of the deceased and found deep cut wound over the right side chest of the deceased. Rukka (Ex.PW8/A) was prepared on the statement of Harish and sent to the police station for registration of the FIR. Blood stained clothes and chappals of Harish, Ashok and Charan Pal were seized. Investigation was handed over to Inspector Amleshwar Rai (PW22) for investigation. He, along with SI Bhanu Kanwaria (PW-23) and Constable Raj Kumar went in search of the appellant. They received information that the appellant was present in his house and was about to leave. They rushed to the house of the appellant at 32/168, Trilok Puri, where he was arrested. The appellant made a disclosure statement (Ex.PW22/D) and got a knife recovered from his room lying under the TV trolley. A sketch of the knife (Ex.PW22/E) was prepared. T-shirt and lower worn by the appellant were also seized. Post mortem of the body of the deceased was conducted on 8th March, 2012 (Ex.PW13/A) and the cause of death was stated as under:-
“J-OPINION: The cause of death to the best of my knowledge and belief is haemorrhagic shock consequent upon ‘stab’ injury upon chest caused by single edged sharp cutting weapon/knife. All injuries are ante mortem in natures recent duration Injury No.1 is sufficient to cause death in ordinary cause of nature. Homicidal death.”
3. On 26th April, 2013, Dr.Vinay Kumar Singh (PW-13) gave his opinion (Ex.PW13/C) that injury Nos.1 and 2 found on the body of the deceased and cuts in the cloths could be caused by the knife recovered at the instance of the appellant. In the FSL and DNA report (Ex.PW22/K1, PW22/K-2 and PW22/K-3), it was inter alia opined as under:-
“RESULTS OF EXAMINATION
The alleles from the source of exhibit ‘9’ (Blood Gauze piece of deceased) are accounted in alleles from the
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