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2018 Supreme(Del) 1600
IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, P.S. TEJI, JJ.
Kamal Kumar – Appellant
Versus
State – Respondent
CRL.A. 522 of 2000
Decided On : 02-07-2018
For the Appellant :Mr. K.K. Sharma, Senior Advocate along with Mr. D.K. Sharma, Advocate
For the Respondent: Mr. Rajat Katyal, Additional Public Prosecutor, along with Inspector Bhanu Prakash, P.S – Mukherjee Nagar
The testimonies of the eye witnesses, recovery of the blood stained knife and clothes, postmortem report of the deceased, and the opinion of the doctor were crucial in establishing the guilt of the appellant for the murder of the deceased.
Headnote:
Section 302/34 IPC - Conviction of the appellant under Section 302/34 IPC - Summary of Acts and Sections: The court discussed the evidence and testimonies of the eye witnesses, recovery of the blood stained knife and clothes, postmortem report of the deceased, and the opinion of the doctor with regard to use of the knife. The court also considered the arguments of the appellant regarding the recoveries, non-examination of certain witnesses, and the credibility of the eye witnesses. The court upheld the judgment of conviction passed by the trial court.
Fact of the Case:
The appellant was convicted under Section 302/34 IPC for the murder of the deceased Vishal. The incident occurred when the appellant and his servant intercepted the deceased and his brother, resulting in the appellant inflicting multiple stab wounds on the deceased. The deceased was declared brought dead at the hospital.
Finding of the Court:
The court found that the testimonies of the eye witnesses, recovery of the blood stained knife and clothes, postmortem report of the deceased, and the opinion of the doctor conclusively established the case of the prosecution against the appellant for the murder of the deceased. The court upheld the judgment of conviction passed by the trial court.
Issues: The issues included the credibility of the eye witnesses, the recoveries of the knife and clothes, non-examination of certain witnesses, and the arguments presented by the appellant regarding the recoveries and the credibility of the eye witnesses.
Ratio Decidendi: The court relied on the testimonies of the eye witnesses, recovery of the blood stained knife and clothes, postmortem report of the deceased, and the opinion of the doctor to establish the guilt of the appellant for the murder of the deceased. The court also considered the arguments presented by the appellant and found them to be without merit.
Final Decision: The court upheld the judgment of conviction passed by the trial court and sustained the sentence imposed on the appellant.
VIPIN SANGHI, J.
1. The present appeal has been filed by the appellant-Kamal Kumar under Section 374 Cr.P.C. against the judgment of conviction dated 24.07.2000 and order on sentence dated 31.07.2000 passed by learned Additional Sessions Judge, Tis Hazari Court, Delhi whereby the appellant has been convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life and fine of Rs.2,000/- and in default of payment of fine to further undergo simple imprisonment for four months for the offence under Section 302/34 IPC.
2. The factual matrix emerging from the record is that on 01/12/1995, an information was received from ASI Harphool Singh that at Indira Vikas Colony one person was lying injured and Police be sent to the said area. The said information was recorded in the daily diary vide No.24A at about 08:09 p.m. and the same was intimated to HC Sajjan Singh and the SHO Insp.Virender Singh Chauhan. The Inspector along with staff and SI RP Singh reached Indira Vikas Colony in their Govt. vehicle where HC Sajjan Singh was found present. There was a lot of blood on the spot and on inquiry it came to be known that the family members of the deceased had removed the deceased to Hindu Rao Hospital. Const. Dalbir was left at the spot for safety. In the hospital, MLC of the deceased Vishal was collected on which the doctors declared the deceased brought dead and sent the body to the mortuary. The complainant Vivek Kumar was present in the hospital along with his father Ramesh Chand. Vivek Kumar stated that he was an eye witness to the incident. SI RP Singh recorded the statement of the complainant-Vivek Kumar, brother of the deceased at the Hospital. He stated that he studies at Patrachar Vidyalaya in 10th Standard as a student. His father is employed with Delhi police as a Sub Inspector. He further stated that about three months ago, his brother Vishal (deceased) had developed feelings for Ms. Rita who is the daughter of Bodhraj. Both of them got married in a temple against the will of their family members. After marriage, they both went to the house of bua of Rita at Karnal. The father of Rita Sh Bodhraj, on getting to know that she was living with her bua, went to Karnal and brought her back home. Vishal also returned back to his home the very next day. A meeting took place between the father of Rita and the father of the deceased, where it was settled that the relationship between them be brought to an end and there will not be any ill will towards each other. Though this settlement was arrived, Kamal-brother of Rita continued to nurse a grudge against the deceased. Kamal had said that he will take revenge for insulting his sister. Thereafter he had also extended threats on several occasions. On the day of incident i.e. 01.12.1995, after having some food, the complainant and the deceased were requested by their father to get some clothes from a nearby tailor. Upon reaching the tailor’s shop, they found the shop to be closed. Thereafter, they started proceeding back to their home when at about 07:40 p.m., accused Kamal and his servant Pawan intercepted them. In front of the house of Laxmi Chand Pandit bearing house no.7/8 Indira Vikas Colony, accused Kamal and Pawan caught hold of Vishal and inflicted multiple stab wounds. The complainant Vivek Kumar raised an alarm, and his father and his uncle Brahm Prakash came to the rescue. On seeing them coming, accused Kamal and Pawan escaped from the spot of incident. Vishal was bleeding profusely and was covered in blood. He was removed to Hindu Rao Hospital in a TSR. The doctors declared him dead.
3. On the basis of statement of the complainant, DD No.24A and MLC of the deceased, a case was registered under Section 302/34 IPC. IO collected the blood soaked clothes of the deceased from the Hospital and seized them. Inspector sent a Crime Team to the place of incident with a photographer to take photographs of the crime scene. Blood stained earth, Earth Control and blood s
