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2018 Supreme(Del) 586

S.MURALIDHAR, I.S.MEHTA
SURENDER @ DHEERAJ – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bharat Sharma, Advocate.
For the Respondent: Ms. Radhika Kolluru, APP

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The Court found that the trial Court erred in convicting the Appellants for offenses that they were not charged with, and in failing to properly frame charges for the offenses for which the Appellants were convicted (!) (!) .

  2. The Court emphasized that a trial Court cannot convict an accused for an offense with which they were not charged unless it is a lesser offense included in the offense charged. It also highlighted that all offenses for which there is sufficient evidence should be properly charged and framed before conviction (!) (!) .

  3. The Court observed that the trial Court did not provide a proper analysis of the evidence or its application of law to the facts, leading to a miscarriage of justice. It pointed out that the trial Court's lengthy judgment lacked adequate reasoning and proper evaluation of the evidence (!) (!) .

  4. A significant procedural flaw identified was that the trial Court convicted the Appellants for serious offenses, including those under Section 120B IPC and Section 201 IPC, without having these charges framed against them during the trial. This contravenes established legal principles requiring charges to be framed for all substantive offenses (!) (!) (!) .

  5. The Court also noted that the evidence supporting key links in the prosecution's case, such as recoveries of weapons, mobile phones, and vehicles, was either not corroborated by independent witnesses or was improperly admitted or documented. For instance, the recovery of the pistol from A-4 lacked independent corroboration, and the evidence regarding the mobile phone was highly questionable due to tampering and lack of supporting call data records (!) (!) (!) (!) (!) .

  6. The Court found that the arrests of certain accused were not convincingly proved, as they were based on secret informers whose identities were not tested through independent witnesses, and the arrests were allegedly made without proper procedural safeguards (!) (!) (!) .

  7. The document highlights deficiencies in the investigation, such as delayed collection of crucial evidence, lack of proper documentation like photographs of recovered articles, and the absence of proper chain-of-custody procedures, which compromised the integrity of the evidence (!) (!) (!) .

  8. The Court identified procedural irregularities in the trial process, including the manner of recording evidence, cross-examinations, and the length and reasoning of the judgment, which lacked clarity and proper legal analysis (!) (!) (!) .

  9. Ultimately, the Court granted the benefit of doubt to the Appellants, set aside the convictions, and acquitted them of all charges. The impugned judgments and orders were nullified, and the Appellants were ordered to be released unless wanted in other cases (!) (!) .

  10. The Court stressed that the failure to properly frame charges, the reliance on uncorroborated or improperly admitted evidence, and procedural lapses collectively resulted in a miscarriage of justice, warranting the acquittal of the Appellants (!) (!) (!) .

These points collectively reflect the Court's findings regarding procedural irregularities, evidentiary weaknesses, and legal misapplications that led to the overturning of the trial Court's convictions.


JUDGMENT :

Dr. S. Muralidhar, J.

1. These ten appeals are directed against the common judgment dated 11th July 2014 passed by the learned Additional Sessions Judge-02 (North-West), Rohini Courts, Delhi in Sessions Case No.45/2013 arising out of FIR No.439/2010 registered at Police Station (PS) Saraswati Vihar, convicting the Appellants as under:

(i) Krishnamurthy @ Vicky (Accused No.1: A-1), (ii) Neeraj (A-2), (iii) Srikant @ Appu (A-3), (iv) Surender @ Dheeraj (A-4), (v) S. Raja (A-5) and (vi) Rajender Prasad (A-10) under Section 120-B read with Sections 201/395/396/397/412/467/468/471 IPC and Sections 25/27/54/59 of the Arms Act for conspiracy to commit an armed dacoity and committing murder of Prateek Trikha (the deceased) by use of dangerous weapon/firearm; thereafter retaining and concealing the looted property of the deceased, viz., the driving license (D/L), an ABN Amro Bank ATM Card, a Shoppers’ Stop Citizen First Card, Visiting Cards, a mobile set (make Sony Ericsson), Honda City Car bearing No. DL-4C-NC-1115; forging the number plates and creating forged documents of a forged number (HR-26- AK-0728) and disposing off the looted property.

(ii) A-1 Krishnamurthy was individuall




































































































































































































































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