The importance of establishing a complete chain of evidence in cases relying on circumstantial evidence, the need for reliable witness testimonies, credible recoveries, and the establishment of motive for the crime.

S. MURALIDHAR, J.

1. These three appeals are directed against the judgment dated 31st October 2017 passed by the learned Additional Sessions Judge-02, South District, Saket Courts in Sessions Case No.7165/2016 arising out of FIR No.273/2010 registered at Police Station (“PS”) Saket convicting the three Appellants for offences under Section 302/34 IPC. The appeals also challenge the order on sentence dated 20th December 2017 whereby each of them were sentenced to undergo rigorous imprisonment (“RI”) for life along with a fine of Rs.5,000/- each and in default of payment of fine, they were to undergo simple imprisonment for three months.

2. The three Appellants, i.e. Naveen Verma (Accused No.1: A-1) (Appellant in Crl. A. No. 249/2018), Chandan (A-2) (Crl. A. No. 362/2018) and Rajesh Chauhan (A-3) (Crl. A. No. 449/2018), were charged as under:

(i) During the intervening night of 26th-27th September 2010, at Press Enclave Road in front of Select City Mall, Saket, the three of them along with Ashish (since deceased) hatched a criminal conspiracy to abduct, loot, and rob persons and thereby, committed the offence punishable under Section 120B IPC. Pursuant to the said conspiracy, at around 11:50 pm at Press Enclave Road in front of Select City Mall, Saket, all the three abducted Kajal Chatterjee (the deceased) in their car bearing registration DL 1LK 0379 and robbed him of his purse, jewellery, cards and other belongings and caused injury to him thereby committing the offence punishable under Section 394 IPC.

(ii) Pursuant to the above conspiracy, A-1 used a deadly weapon, i.e. a country made katta, to rob and cause injuries to the deceased thereby committing the offence punishable under Section 397 IPC.

(iii) All three accused, pursuant to the aforesaid conspiracy, shot the deceased with a country-made katta resulting in injuries which caused the deceased to die on 9th October 2010 and thereby, the three accused committed the offence punishable under Section 302/120B IPC.

3. By the impugned judgment, the trial Court has acquitted the three accused of the offence punishable under Section 394/120B IPC and A-1 of the offence punishable under Section 397 IPC. An additional charge framed against A-1 for possession of a firearm without license which is an offence punishable under Section 25/54/49 Arms Act was found to be not established and he was acquitted of the same. With regard to A-2 and A-3, additional charges under Section 411 IPC were framed pursuant to the recovery, at their instance, of certain articles which belonged of the deceased. These charges were also found to be not established and they were acquitted of the same.

Background

4. On 27th September 2010, Nabanita Chatterjee (PW-10) lodged a complaint about her husband, the deceased, having gone missing. He was working as an Assistant Manager in the Joy Luck Moon Restaurant and Bar at Select City Mall. After finishing the day’s work, he had left for home at around 11:30 pm on 26th September 2010 and at 11:50 pm, he told her that he had boarded a cab and would reach home soon. However, he did not reach home. His mobile phone was also found to be switched off.

5. Pursuant to the above missing report, a “hue and cry” notice was issued and information was lodged on the ZIP Net on 27th September 2010 itself. No clues could be gathered. PW-10 again approached the police on 28th September 2010 and informed them that she suspected that her husband had been abducted but did not mention that she suspected any particular person.

6. It transpired that an unknown male aged around 26 years having a head injury was found unconscious on 60ft Road, Chhattarpur Pahari and was admitted at AIIMS trauma centre and an FIR No.402/2010 under Section 326 IPC had been registered at PS Mehrauli. PW-10 identified the injured person as her husband. More than ten days later, the deceased died of his injuries at the hospital on 9th October 2010. He remained unconscious throughout.

Post mortem examination

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