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IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, I.S. MEHTA, JJ.
MANOJ KUMAR - Appellant
Versus
STATE (GOVT OF NCT OF DELHI) - Respondent
CRL.A. 1650, 1542 of 2014
Decided on : 20-02-2018
Indian Penal Code - Offence under Section 302 read with Section 34 - Summary of Acts and Sections: The court discussed the offence under Section 302 read with Section 34 of the Indian Penal Code (IPC) and the conviction of the accused. The court analyzed the evidence of the eye witnesses and the call details to establish the guilt of the accused. The court also considered the delay in registering the FIR, the recovery of the weapon, and the absence of singeing and tattooing in the firearm injuries. The judgment affirmed the trial court's decision and dismissed the appeals.
Fact of the Case:
The deceased was shot by the accused at a specific location, leading to his death. The prosecution presented evidence from eye witnesses, call details, and medical reports to establish the guilt of the accused. The accused denied their involvement and raised issues regarding the delay in registering the FIR, recovery of the weapon, and absence of singeing and tattooing in the firearm injuries.
Finding of the Court:
The court found the eye witness testimony to be clear, cogent, and consistent, leading to the conviction of the accused. The delay in registering the FIR was satisfactorily explained and did not vitiate the case of the prosecution. The absence of singeing and tattooing did not cast doubt on the veracity of the eye witnesses. The court affirmed the trial court's decision and dismissed the appeals.
Issues: The issues included the reliability of the eye witness testimony, the delay in registering the FIR, the recovery of the weapon, and the absence of singeing and tattooing in the firearm injuries.
Ratio Decidendi: The court relied on the consistent and uncontroverted testimony of the eye witnesses to establish the guilt of the accused. The delay in registering the FIR was satisfactorily explained and did not vitiate the case of the prosecution. The absence of singeing and tattooing did not cast doubt on the veracity of the eye witnesses.
Final Decision: The court affirmed the trial court's decision, dismissed the appeals, and canceled the bail bonds of the accused.
Dr. S. Muralidhar, J.
1. These appeals are directed against the impugned judgment dated 18th July 2014 passed by the learned Additional Sessions Judge, Dwarka Courts, New Delhi in Sessions Case No.20/2012 arising out of FIR No.240/2011 registered at Police Station (‘PS’) Palam Village convicting the three accused, i.e. Vinod @ Vicky (‘A1'), Pramod Vats @ Sanshyi (‘A2’) and Manoj Kumar (‘A3’), for the offence under Section 302 read with Section 34 Indian Penal Code (‘IPC’) and convicting A1 under Section 482 IPC.
2. The appeals are also directed against the impugned order on sentence dated 19th August 2014 sentencing the Appellants for the offence under Section 302 read with Section 34 IPC to undergo rigorous imprisonment (‘RI’) for life with fine of Rs.60,000/- each and, in default of payment of fine, to undergo simple imprisonment (‘SI’) for one year; and A1 to imprisonment for one year and fine of Rs.1,000/- and, in default of payment of fine, to undergo SI for one month for the offence under Section 482 IPC. The sentences were directed to run concurrently.
Case of the prosecution
3. At 10.01 pm on 6th September 2011, Rekha (PW7), wife of the deceased, Balwan Solanki, made a call to the Police Control Room (‘PCR’) from her mobile number stating that at House No.WZ-608, near Shiv Mandir, Palam Chopal, her husband had been shot by a firearm. In the said PCR form (Ex.PW25/A), a noting was made on the right side that the call was true. At 10.26 pm, it was noted in the PCR form that Balwan, a resident of the said place, had been shot at by Vicky (A1); that at the spot two cartridges had been found; that the injured had already been taken to the Mata Chanan Devi Hospital and that the Station House Officer (‘SHO’) with his staff was present at the spot. A further noting at 10.52 pm was that the SHO with the staff as well as the crime team was at the spot.
4. At 11.29 pm, it was noted that the injured had been brought dead to the Mata Chanan Devi Hospital. He had bullet wounds on his chest as well as on the right side and there was a bullet wound in his knees. It was further noticed, “Inki property ka mamla tha, paise ki len den thi”. Inspector Ramesh Khanka (PW35) was on patrolling duty with the staff. He was Inspector at PS Palam Village. At around 10 pm, he received the above information from the PCR. He then reached the spot, i.e. WZ-608, Badiyal Mohalla, near Shiv Mandir, Palam Village. On the corner of the Shiv Temple, he noticed blood and two empty cartridges. While he was still there, some other police staff also arrived.
5. Then PW35 along with Head Constable (‘HC’) Rakesh (PW36); Sub Inspector Virender (PW28) and driver went to Mata Chanan Devi Hospital. The deceased had been brought dead. PW35 then collected the Medico Legal Certificate (‘MLC’). Baljit Solanki (PW2) (the younger brother of the deceased) met him in the hospital and informed PW35 that he along with his relatives had brought the deceased to the hospital. PW35 then recorded the statement of PW2 (Ex.PW2/A) and on that basis prepared the rukka (Ex.PW35/A).
6. In his initial statement (Ex.PW2/A), PW2 informed PW35 that at around 9.30 pm, after dinner, he was standing with his elder brother (the deceased) in the corner of the Shiv Mandir and chatting when a white colour Maruti car proceeding towards Harijan Basti, came there and stopped in front of them. From the driver side, A1 and from the rear seats, his brother Manoj (A3) and Vinod (A2) got down. They all belong to the same village and were known to PW2 from before. They then entered into a scuffle with the deceased and before PW2 could intervene, A1 took out a pistol and fired twice or thrice on the deceased. The three accused then ran away from the spot in the same car in the direction of Lodhi Chowk. The other brother of the deceased, Sandeep (PW8), came there; they then picked up the injured and took him to Mata Chanan Devi Hospital where he was declared ‘brought dead’ by the doctors. PW35 then prepare
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