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2019 Supreme(Del) 214
IN THE HIGH COURT OF DELHI AT NEW DELHI
Hima Kohli, Manoj Kumar Ohri, JJ.
Vikram Rana – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
CRL.A. 880 of 2018
Decided On : 23-01-2019
For the Appellant :Mr. Jaideep Malik, Advocate
For the Respondent: Ms. Aashaa Tiwari, APP.
The judgment establishes that imprisonment for life means a sentence for the entire life of the convict, and it emphasizes the importance of witness testimony, motive, and scientific evidence in criminal cases.
Headnote:
MURDER - ARMS ACT - 302/120B/34 IPC, 25/27 Arms Act - The judgment discusses the prosecution's case, including the PCR call, the post-mortem report, the recovery of the country-made pistol and motorcycle, and the scientific evidence from the FSL and ballistic division. The court analyzes the motive, the conduct of the witnesses, and the delay in approaching the police. The court upholds the appellant's conviction under Section 302 IPC and Sections 25/27 Arms Act and maintains the imposed sentence.
Fact of the Case:
The prosecution's case begins with a PCR call reporting a shooting incident resulting in the death of Gulshan Rai Takkar. The deceased's wife, Sunita Takkar, later identified the appellant, Vikram Rana, as the assailant. The appellant was arrested with a motorcycle and a country-made pistol, and scientific evidence from the FSL and ballistic division was presented.
Finding of the Court:
The court found the appellant guilty of murder and violating the Arms Act based on the testimony of witnesses, scientific evidence, and the motive established by a previous altercation between the appellant's father and the deceased. The court dismissed the appellant's arguments regarding the conduct of the witnesses and upheld the conviction and sentence.
Issues: The issues included the identification of the assailant, the presence of witnesses at the crime scene, the delay in approaching the police, and the reliability of the scientific evidence.
Ratio Decidendi: The court relied on the testimony of witnesses, the motive established by a previous altercation, and the scientific evidence to uphold the appellant's conviction and sentence. The court also dismissed the appellant's arguments regarding the conduct of the witnesses and the delay in approaching the police.
Final Decision: The court upheld the appellant's conviction under Section 302 IPC and Sections 25/27 Arms Act and maintained the imposed sentence. The appellant's bail bonds were cancelled, and he was ordered to surrender forthwith to serve his remaining sentence.
MANOJ KUMAR OHRI, J.
1. The present appeal arises out of a common judgment of conviction dated 28.05.2018, passed by the learned Additional Session Judge in Session Case No. 59165/2016, with respect to FIR No.94/2016 under Section 302/120B/34 IPC and 25/27 Arms Act, P.S. Samaipur Badli as well as in Session Case No.378/2017 with respect to FIR No. 241/2016 under Section 25/27 Arms Act, P. S. Samaipur Badli.
2. The appeal also challenges the order of sentence dated 31.05.2018, whereby the appellant was sentenced to undergo R.I. for the remainder of his life with a fine of Rs. 25,000/- and in default, to undergo further S.I. for one year for the offence punishable under Section 302 IPC. He was also sentenced to undergo one year R.I. for the offence punishable under Section 25 Arms Act with fine of Rs. 5,000/- and in default, to undergo further S.I. for 6 months. The appellant was further sentenced to undergo one year R.I. for the offence punishable under Section 27 Arms Act with fine of Rs. 5,000/- and in default, to undergo further S.I. for 6 months. The fine, as stated, has not yet been paid.
3. The prosecution case begins with a PCR call made on 27.01.2016, received at about 6:30 pm., with the information to the effect that one person has been shot dead near the roundabout of Village Siraspur. The name of the informant was recorded as Jai Bhagwan and his mobile no. as 9968035390 in the PCR Form by W/Ct Mukesh who appeared as PW-12. The PCR form was proved as PW-4/A by S.I. Devender Kumar (PW-4) and it records as follows:
The PCR reached the spot at about 6:48 pm and reported that “Siraspur fatak band hai, fatak khulne par jayenge 27/01/2016 18:48:56 call is true. Gulshan Takkar, Age 59 years s/o Late Ram Swaroop Thakkar R/o H.No.189, Siraspur Village, Shiv Mandir ke pas jo apni dukan G-I AK Store chhatri chowk ke pas bathroom ka saman milta hai, par baitha hua tha jisko chati par goli lagi hai, ek khali khol moke par mila hai aur nokar Raju Chaurasiya, age 30 years ne bataya ki mein toilet karne gaya tha to main ek u/k ladka paidal tha jisne brown sol, odh rakhi thi, usko dukan se utarkar bhagte hue dekha hai. L-15 gadi also present on spot. Call se 30 minute pehle ki baat hai, croom infd WLP 27/01/2016 19:01:12 SHO sahab with staff moke par 27/01/2016 19:04:59 ACP and SHO sahab moke parMoke par Gulshan Thakkar dead hai.
SI Vinit 27/01/2016 19:05:15 same halaat from L-15 27/01/2016 19:05:34 C. Room infd.
Challan Close Time: 27 Jan.2016 19:32:33”
4. In the meantime, the information received was also relayed to PS Samaipur Badli and registered as DD 43A, at 6:30 PM stating that “Siraspur Gol chakkar ke paas ek admi ko goli maar di aur uska murder ho gaya”. The said entry DD 43A was exhibited as PW-29/A.
5. The DD was marked to SI Vineet Kumar (PW-29) who along with Ct. Umesh (PW-36) and HC Balbir (PW-37) reached the spot at House No.23, shop-cum-factory of G-Tech Surf and the blood smeared dead body of Gulshan Rai Takkar was found lying on a Takht (wooden bed) in the Cabin. The deceased had gunshot injuries on his face. The Crime team was called and photographs were taken.
6. S.I. Vineet met son of the deceased, namely Deepanshu (PW-11) at the spot and recorded his statement (Ex. PW-11/A). Deepanshu stated that he and his father had taken a shop on rent at House No.23 near Chhatri Chowk, Siras Pur, wherein they were jointly running a factory for making ‘surf’. A servant named Raju Chaurasia who had been working in the factory for the last two years, had telephonically informed him at 6:15 PM on 27.01.2016 that Babuji has been shot (Babuji ko goli lagi hai). He further stated that he was at Naharpur from where he reached the shop and saw his father lying in a pool of blood in the cabin on the Takht. He further stated that some unknown person had entered the shop and shot dead his father.
7. On the above statement of Deepanshu, a rukka was prepared and taken to the police station by PW-37, HC Balbir Singh. On the same day, FIR No
