Back
2018 Supreme(Del) 3007
IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, VINOD GOEL, JJ.
Vivek @ Vicky & Anr. – Appellants
Versus
State (NCT) of Delhi – Respondent
CRL.A.697 of 2018 & CRL.M.B.1055 of 2018
Decided On : 28-08-2018
For the Appellant : Mr. B.S. Chowdhary with Ms. Sneh Lata Rana
For the Respondents: Mr. Hirein Sharma
The judgment establishes the sufficiency of circumstantial evidence in proving guilt beyond reasonable doubt in a murder case.
Headnote:
Criminal Law - Murder - Section 302/34 IPC, Section 27 Arms Act - The judgment discussed the evidence and circumstances related to the murder of the deceased, including the recovery of the dead body, arrests, disclosures, recoveries, medical evidence, forensic evidence, and trial court judgment.
Fact of the Case:
The appeal is against the conviction of A-1 and A-2 for the murder of the deceased using a knife. The dead body was found with multiple injuries, and the accused were arrested with recoveries of incriminating evidence.
Finding of the Court:
The trial court found the prosecution had proved the guilt of the accused beyond reasonable doubt based on circumstantial evidence, including the deceased being last seen with A-1, conversations between the accused, recovery of incriminating clothes, matching blood group, and motive.
Issues: The issues included the sufficiency of circumstantial evidence, identification of the accused, recovery of incriminating evidence, and proof of motive.
Ratio Decidendi: The court relied on the chain of circumstances, including 'last seen' evidence, CDRs, recovery of incriminating clothes, matching blood group, and motive, to establish the guilt of the accused beyond reasonable doubt.
Final Decision: The appeal and application were dismissed, affirming the conviction of A-1 and A-2 for the murder of the deceased.
S. Muralidhar, J.
1. This appeal by Vivek @ Vicky (A-1) and Vinod (A-2) is directed against a judgment dated 5th April 2018 passed by the learned Additional Sessions Judge (‘ASJ’), Dwarka Courts, New Delhi in SC No. 440289/2016 arising from FIR No.168/2011 registered at PS Dwarka Sector-23 whereby A-1 and A-2 were both convicted for the offence punishable under Section 302/34 IPC. A-1 was additionally convicted for the offence punishable under Section 27 Arms Act.
2. The appeal is also directed against the order on sentence dated 12th April 2018 whereby, for the offence punishable under Section 302/34 IPC, each of the Appellants was sentenced to imprisonment for life along with fine of Rs.50,000/- each, and in default of payment of fine, to further undergo simple imprisonment (‘SI’) for three months. For the offence under Section 27 Arms Act, A-1 was additionally sentenced to undergo rigorous imprisonment for one year along with fine of Rs.5,000/-, and in default of payment of fine, to undergo further SI for one month.
3. The charge against both Appellants was that on the intervening night of 15/16th December 2011, at an unknown time at the patri of the service lane road No. 226, opposite Indian Overseas Bank, Sector-20, Dwarka, pursuant to their common intention, they murdered Suraj Paswan (‘the deceased’) using a knife and thereby committed the offence punishable under Section 302/34 IPC. A-1 was additionally charged with having committed the offence punishable under Section 27 Arms Act as far as the use of the knife was concerned.
Finding the dead body
4. The criminal justice process was activated when DD No.17A (Ex.PW-1/C) was recorded at PS Dwarka Sector-23 on 16th December 2011 at 11:20 am to the effect that information had been received from a wireless operator of the Police Control Room (‘PCR’) about a dead body of a 25 year old male wearing a white t-shirt and jeans lying in front of Sector-20 theka on the footpath by the service road and that the body was bearing knife injuries. On receiving the said information, Inspector Bhagwan Singh (PW-24) proceeded to the spot accompanied by driver Ct. Kuldeep, operator Ct. Dinesh and Ct. Lokesh (PW-11).
5. Upon inspection, several injuries were found on the dead body. The neck was also cut. The clothes on the dead body were a white full-sleeved shirt worn over a half-sleeved red woollen sweater, black trousers, and brown underwear. A light red colour (carrot colour) shirt and a pair of Hawaii chappals having bloodstains with the right step broken were found near the dead body. There was also one knife cover of cardboard with the words ‘stainless steel’ written on it lying near the dead body. A pair of black sports shoes with white stripes where ‘Gold Star’ was written was found at a distance of 4-5 steps away from the body. There was also one sandal on the right leg of the dead body whilst another sandal was lying on the other side of the body. PW-24 also found one identity card in the back pocket of the trousers of the deceased which was of Pacific Mall, Najafgarh Road with the name Suraj written on it.
6. In the meanwhile, SI Hazari Lal (PW-22) and SI Jasbeer Singh reached there. PW-24 asked PW-22 to go to the Pacific Mall to confirm the contents of the identity card. Importantly, PW-24 found a button with thread in the right palm of the dead body. Two SIM cards were also found in the right side pant pocket of the dead body.
7. It may be mentioned at this stage that the crime team was summoned along with the dog squad. Photographs were taken by the crime team from various angles. The crime team report (Ex.PW-8/A) prepared by ASI Khazan Singh (PW-8) inter alia noted the following exhibits at the spot which were seized:
“(1) Blood, (2) Bloodstained Earth Control, (3) Earth Control, (4) Knife Cover, (5) Slipper Hawaii Chappal, (6) Shoe Gold Star, (7) One Shirt, (8) Two SIM card Idea, (9) One white button.”
Photographs
8. The Court has also seen the photographs taken by HC Bajran
