The judgment emphasizes the need for circumstantial evidence to form a complete and conclusive chain of circumstances, proving the guilt of the accused beyond reasonable doubt.

S. Muralidhar, J.

Introduction

1. This appeal is directed against a judgment dated 20th May 2013 passed by the learned Additional Sessions Judge (ASJ), Dwarka Courts in Sessions Case No.15/2013 arising out of FIR No.296/2011 registered at Police Station (‘PS’) Dabri, convicting the Appellant for the offences under Sections 411/392/397/302/201 Indian Penal Code (‘IPC’).

2. This appeal is also directed against the order on sentence dated 28th May 2013 passed by the learned ASJ whereby:

(i) For the offence under Section 302 IPC, the Appellant was sentenced to undergo imprisonment for life and pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for six months;

(ii) For the offence under Section 392 IPC, the Appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo simple imprisonment for two months;

(iii) For the offence under Section 397 IPC, the Appellant was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo simple imprisonment for one month;

(iv) For the offence under Section 411 IPC, the Appellant was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.2,000/- and in default of payment of fine, to further undergo simple imprisonment for one month;

(v) For the offence under Section 201 IPC, the Appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.3,000/- and in default of payment of fine, to further undergo simple imprisonment for two months,

(vi) For the offence under Section 27 Arms Act, the Appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.3,000/- and in default of payment of fine, to further undergo simple imprisonment for two months.

3. All the sentences were directed to run concurrently.

The charges

4. The Appellant was charged with:

(i) robbing the deceased Smt. Meena Mehra on 31st August 2011 at an unknown time at her house on Som Bazar Road, Jeewan Park, New Delhi of Rs.40,000/- in cash and one gold locket and,

(ii) while committing the robbery, using a deadly weapon thereby committing an offence under Section 397 read with Section 392 IPC;

(iii) committing her murder by stabbing her in the neck thereby committing an offence punishable under Section 302 IPC;

(iv) throwing the knife into heap of garbage lying alongside the ganda nala behind Jeewan Park Bus Stand and also setting fire to his own blood stained clothes thereby committing an offence punishable under Section 201 IPC;

(v) being found in possession of Rs.6,340/- in cash and retaining it having reason to believe that it was stolen property belonging to the complainant, Mahender Mehra (PW-4), thereby committing an offence under Section 411 IPC; and

(vi) getting recovered on 15th September 2011, the knife used in the commission of the offence, thereby committing an offence punishable under Sections 25/27/54/59 Arms Act.

Complainant’s narration of events

5. Mr. Mahender Mehra (PW-4) was a property dealer running a business under the name and style of ‘M/s. Mehra Properties’ at RZ-73, Raghu Nagar, Pankha Road, Delhi. The parents of the Appellant were tenants of PW-4 in his house adjoining his office at RZ-74, Raghu Nagar, Pankha Road. Initially, the Appellant was staying with his parents in the said house but later on separated from his parents.

6. According to PW-4, about seven to eight days before the date of the incident, i.e. on 31st August 2011, the Appellant called PW-4 on his mobile phone number 9136290363 (‘0363’) when PW-4 was present in his house. According to PW-4, he told the Appellant that he (PW-4) was at home and would be coming to the office. It is stated that as PW-4 reached his office, the Appellant, in the