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2018 Supreme(Del) 1290
IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, I.S.MEHTA, JJ.
SHASHI BHUSHAN @ BITTOO - Appellant
Versus
THE STATE - Respondent
CRL.A.130 OF 2003
Decided On : 17-05-2018
For the Appellant :Mr. M. L. Yadav, Advocate.
For the Respondent: Mr. Kewal Singh Ahuja, APP
The judgment establishes the principle of relying on circumstantial evidence to prove criminal conspiracy, robbery, and murder.
Headnote:
Criminal Conspiracy - Robbery and Murder - Indian Penal Code (IPC) Section 302, Section 120B, Section 397 - The judgment discusses the conviction of the accused for the offences under Section 302 read with Section 120B IPC and Section 397 read with Section 120B IPC. The court analyzed the evidence related to the conspiracy, robbery, and murder, and concluded that the accused were guilty based on circumstantial evidence.
Fact of the Case:
The case involved the conspiracy to commit robbery and murder at a residence, resulting in the death of the victim and theft of valuables.
Finding of the Court:
The court found the accused guilty based on circumstantial evidence, including their presence at the scene, recovery of stolen articles, and witness testimonies.
Issues: The key issues included establishing the conspiracy, robbery, and murder based on circumstantial evidence and witness testimonies.
Ratio Decidendi: The court relied on the last seen evidence, recoveries of stolen articles, and witness testimonies to establish the guilt of the accused.
Final Decision: The appeal was dismissed, and the accused were directed to surrender based on the conclusive evidence presented.
1. This appeal is directed against the judgment dated 27th September, 2002 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.24/2001 arising out of FIR No.490/1992 registered at PS Hari Nagar convicting Shashi Bhushan @ Bittoo (Appellant/Accused No.1-‘A-1’) along with two other co-accused Jagmohan @ Jaggan (‘A-2’) and Vikram @ Johanskar (‘A-3’) for the offences punishable under Section 302 read with Section 120B of the Indian Penal Code (‘IPC’) and Section 397 read with Section 120B IPC.
2. The appeal is also directed against the order on sentence dated 28th September, 2002 whereby for the offence under Section 302 read with Section 120B IPC, the Appellant was sentenced to undergo imprisonment for life with fine of Rs.1,000/- and in default to undergo rigorous imprisonment (RI) for life; for the offence punishable under Section 397 read with Section 120B IPC to undergo RI for 7 years. The sentences were directed to run concurrently.
3. The Appellant along with the co-accused was charged with conspiring to commit robbery at the house of Amarjit Singh Sabharwal (PW-28) at Flat No.JB-17-A, LIG Flats, Hari Nagar and to commit murder of his wife Smt. Daljit Kaur (the deceased) thereby committing an offence punishable under Section 120B IPC. The second and third charges were that on 7th September 2002 between 11:45 a.m. to 1:30 p.m. pursuant to the above conspiracy armed with daggers, they committed murder of the deceased and committed robbery of a camera of Panasonic make, four gold bangles, two gold rings, one gold chain, a pair of gold baalies and cash of Rs.25,000/- from the house of the deceased thereby committing offence punishable under Section 302 read with Section 120B IPC and Section 397 read with Section 120B IPC.
4. PW-28 was a resident of the aforementioned house and was also running a shop at Rajouri Garden, Delhi. The Appellant was an employee in the said shop. On 7th September 1992, PW-28 left his house for the shop at around 11am. At that time, the deceased and their domestic help, Sharda (PW-27) were present. Their children had gone to school at that time. At around 11:45 am when PW-28 was present in the shop, his land line in the shop was not working. A telephone call was received for him at the neighbouring shop. He sent Trilochan Singh (PW-7), who was working in the shop, to receive the call as there were customers in the shop. PW-7 came back and informed him that PW-28 was being called back to his house since a person for fixing the wallpaper had come. At around 1:30 p.m., two boys, Sumit and Rajat, from the neighbourhood came to the shop of PW-28 and informed him that there was some problem in his house. When PW-28 reached his house, he found his wife lying on bed injured and not responding. Her hands and mouth had been tied with chunni and tie. One shirt pocket piece was also found in her hand. PW-28 found that the aforementioned jewellery worn by the deceased; household articles were lying scattered, the cash of Rs.25,000/-, a camera, some other jewellery articles etc. were found missing. The deceased was taken to the DDU Hospital where she was declared brought dead.
5. A call was made to the police control room at 1:28 p.m. and then information was given to the concerned PS at Hari Nagar. On receipt of DD No.11A, SI Dharampal Singh (PW-32) accompanied by Head Constable Vijay Singh (PW-30) and Constables Brij Pal, Vijay Singh and Satbir Singh went to the spot. PW-32 asked the accompanying policemen to guard the spot and proceeded to the DDU Hospital. There he collected the MLC of the deceased. The SHO, Inspector V.P.S. Rana (PW-34) also reached the hospital. PW-32 handed over the MLC to PW-34. PW-32 returned to the spot, recorded the statement of PW-28, prepared the rukka and sent it to the PS for registration of the FIR.
6. PW-28 produced the shirt pocket piece which had been recovered by him from the fist of the deceased. This was seized and sealed. The crime team and dog squa
