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IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, VINOD GOEL, JJ.
RAJU KHAN @ ANISH - Appellant
Versus
STATE - Respondent
CRL.A. 775 of 2018 & Crl.M.B.No.1184 of 2018
Decided on : 01-11-2018
MURDER - Criminal Law - Indian Penal Code, Section 302 - The judgment discusses the criminal trial of the appellant for the murder of Sunil @ Sona @ Sujata. The court analyzed the evidence including the discovery of the dead body, articles at the scene of the crime, post mortem report, call detail records, arrest, disclosure, and seizures. The trial court found the appellant guilty based on circumstantial evidence and the chain of circumstances pointing to his guilt.
Fact of the Case:
The appellant was tried for the murder of Sunil @ Sona @ Sujata, whose dead body was found in a park. The prosecution presented evidence including the discovery of the body, articles at the scene, post mortem report, call detail records, and arrest and seizures. The appellant denied all incriminating circumstances and claimed false implication.
Finding of the Court:
The trial court found the appellant guilty based on circumstantial evidence, including motive, medical and forensic evidence, call detail records, recovery of beer bottle caps, and witness testimonies. The court concluded that the chain of circumstances pointed to the guilt of the appellant.
Issues: The issues included the establishment of the appellant's guilt based on circumstantial evidence, the credibility of witness testimonies, and the analysis of call detail records and forensic evidence.
Ratio Decidendi: The court relied on the principles of evaluation of circumstantial evidence, emphasizing the need for cogently and firmly established circumstances pointing towards the guilt of the accused. The court found that the prosecution had met the threshold of proving the appellant's guilt based on a complete chain of circumstances.
Final Decision: The court dismissed the appeal and upheld the trial court's judgment, finding the appellant guilty of the murder of Sunil @ Sona @ Sujata.
S. Muralidhar, J.
1. This appeal is directed against the judgment dated 30th May, 2018 passed by the learned Additional Sessions Judge-04, North West District, Rohini Courts in Sessions Case No.85/2001 arising out of FIR No.353/2011 registered at Police Station (PS) Subhash Place convicting the Appellant of the offence under Section 302 IPC. The appeal is also directed against the order on sentence dated 2nd July, 2018 whereby the Appellant was sentenced to Rigorous Imprisonment (‘RI’) for life and fine of Rs.10000/- in default to undergo Simple Imprisonment (‘SI’) for one year for the aforementioned offence.
2. The Appellant was sent up for trial for the aforementioned offence having been charged with committing the murder of Sunil @ Sona @ Sujata (deceased) on the intervening night of 15/16th September, 2011 in the DDA park at Sandesh Vihar, Delhi.
Finding the dead body
3. The criminal justice process was activated when Head Constable (HC) Abhimanyu (PW-3) who was on night picket duty on the intervening night of 15/16th September, 2011 was approached by one Shyam Lal (PW-1) at around 7.15 am on 16th September 2011 informing him that a person was lying dead on a bench in the NDPL park at Sandesh Vihar. This is corroborated by PW-1 who deposed that when he went for his morning walk at 7 am he noticed a young boy lying dead on a cement concrete bench.
4. PW-3 then accompanied PW-1 to the park and after finding the dead person having “half of the neck was found in cut position” made a call to the duty officer at PS Subhash Place. This was then noted down as DD No.9A (Ex.PW-4/A) and a rukka drawn up which led to the registration of the FIR.
Articles at the scene of crime
5. The above DD was handed over to Inspector Chander Bhan (PW-30). Accompanied by Constable Manjeet and Constable Parveen (PW-24), PW-30 reached the park. There he found four empty pouches of ‘Haldiram Khatta Meetha namkeen’ and three caps of Kingfisher beer bottles lying beneath the bench. One Jai Kishan, S/o Ram Swaroop (PW-11) the resident of Shakur Pur arrived at the spot and identified the body as being that of his nephew (Bhanja) Sunil, S/o Rajender Singh (PW-12).
6. The crime team was called. Inspector Satish Kumar (PW-29) who was then the Inspector (Investigation) PS Subhash Place reached the spot. Inspector Vipin Kumar Bhatia (PW-28), the Station House Officer (SHO) of PS Subhash Place, also reached at the spot.
7. PW-29 lifted the exhibits on the spot which included, apart from the aforementioned objects, a pair of slippers of yellow and green colour having blood stains which were on the feet of the Deceased. PW-29, who was the Investigating Officer (‘IO’) also lifted the blood stained earth and earth control from the spot. All these articles were kept in separate pullandas/containers and sealed. The dead body was then shifted to the mortuary of the BSA Hospital.
8. PW-30 along with PW-29 and other staff reached the house of PW-11 and his wife Smt. Roshni Devi (PW-2), who was an aunt of the deceased. PW-2 produced a ladies purse of the deceased which the deceased never used to permit anyone to see. On checking the purse PW-29 found that it contained two paper envelopes of SIM cards of Airtel, one bearing mobile number ending with 7190 and the other of mobile number ending with 0188. There were twenty passport size photographs found in the purse. Nine were of the deceased. Seven were of one Honey @ Manish Babbar (PW-13) whom the deceased had allegedly married as a gay person. Four photographs were of other persons. There was also “One photo frame containing photographs of the deceased and Honey and one photo frame containing photo of Honey, one pink colour top having two artificial mammary glands, with two small size pieces of clothes, one small mirror and comb with one forcep and fevigum, three strips of medicine namely dexona having 20 tablets each, one small purse containing PAN card in the name of. Sona Chauhan and a coin of Rs.2/-.”
9. All the above
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