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2019 Supreme(Del) 1575
IN THE HIGH COURT OF DELHI
HIMA KOHLI, VINOD GOEL, JJ.
Dinesh & Others - Appellant
Versus
State - Respondent
Crl. A. Nos. 339, 389, 393, 481 of 2004
Decided On : 02-08-2019
For the Appellants :Mukesh Kalia, Manav, M.L. Yadav, Dr. Kanwal Sapra, H.R. Dhamija, Advocates.
For the Respondent: Amit Gupta, APP.
The burden of proof under Section 106 of the Indian Evidence Act, the importance of establishing motive in a criminal trial, and the need for corroborating alibi with evidence.
Headnote:
Criminal Appeals - Conviction under Sections 302/201/120-B of the IPC and Section 25 of the Arms Act - [Last seen evidence, Motive, Recovery at the instance of the accused, Defence Witnesses, Conclusion]
Fact of the Case:
The case involved the murder of Narender, last seen with the accused A-1, A-2, and A-3, and subsequent recovery of his personal belongings at the instance of A-1. The motive for the murder was established through a letter written by PW-11 to the deceased. Defence witnesses failed to corroborate A-2's alibi, and the accused did not offer any explanation for the incriminating circumstances.
Finding of the Court:
The Court upheld the conviction of A-1, A-2, and A-3 under Sections 302/201/120-B of the IPC and A-1 under Section 25 of the Arms Act. A-4 was acquitted of the offences under Sections 201/120-B of the IPC. The Court cancelled the bail bonds and surety bonds of the convicted appellants and directed them to surrender before the Trial Court. The Court also directed the Delhi State Legal Services Authority to award appropriate compensation to the legal heirs of the victim.
Issues: Last seen evidence, Motive, Recovery at the instance of the accused, Defence Witnesses, Alibi of A-2
Ratio Decidendi: The accused failed to discharge the burden of proof cast upon them under Section 106 of the Indian Evidence Act. The recovery of the deceased's personal belongings and the motive for the murder were crucial links in the chain of circumstances. The defence witnesses did not corroborate A-2's alibi, and the accused did not offer any explanation for the incriminating circumstances.
Final Decision: The Court upheld the conviction of A-1, A-2, and A-3, and directed them to surrender before the Trial Court. A-4 was acquitted of the offences under Sections 201/120-B of the IPC. The Court also directed the Delhi State Legal Services Authority to award appropriate compensation to the legal heirs of the victim.
JUDGMENT :
VINOD GOEL, J.
1. The present criminal appeals have been filed against the impugned judgment dated 21.04.2004 and order on sentence dated 26.04.2004 in Sessions Case 1/2001 passed by the Court of Ld. Additional Sessions Judge, Delhi (‘ASJ’) arising out of FIR no.1086/2000 lodged at P.S. Uttam Nagar under Sections 302/201/120B/34 of the Indian Penal Code (‘IPC’) and Sessions Case 2/2001 arising out of FIR no. 1107/2000 lodged against Surender @ Lambu (A-1) at P.S. Uttam Nagar under Sections 25/54/59 of the Arms Act. The appellants were convicted for the following offences:
| Name | Section | Sentence |
| 1. Surender, Dinesh and Jatinder. | * Section 302 read with 120B of the IPC. | Life imprisonment and a fine of Rs.1000. Rigorous imprisonment (‘RI’) of 3 months in default of fine. |
| 2. Surinder, Dinesh, Jatinder and Kamaljeet. | * Section 201 read with 120B of the IPC. | RI for 4 years and a fine of Rs.1000/-. RI for 3 months in default of fine. |
| 3. Surinder. | * Section 25 of the Arms Act. | RI of one year and a fine of Rs.1000/-. RI for 3 months in default of fine. |
Background
2. On 16.11.2000, an information was received at 1:38 PM by Lady Constable Sudesh (PW-1) who was working as a telephone operator in PCR (PHQ), New Delhi that a dead body was lying in a nalla on main Najafgarh Road, Kakrola Mod near Vinod Motors. She transmitted the information to the Communication net of West District for conveying the same to the PCR Van. DD no.21A (Ex.PW-3/A) was recorded on the basis of this information by Roznama Munshi Constable Raj Kumar (PW-3) on 16.11.2000 at P.P. Matiala, P.S. Uttam Nagar. This DD was assigned by HC Bhim Singh (PW-14) to HC Ram Vir (PW-9). Both of them proceeded to the spot. SI Rajbir Singh (PW-23), Chowki Incharge, P.P Matiala and Constable Tejpal (PW-16) also received this information vide DD No.21A and reached at the spot where a dead body was found. They found that PW-14 and PW-9 had already reached there. Photographs of the body were taken by a private photographer and PW-23 made an endorsement on DD no.21A for registration of the FIR under Sections 302/201 of the IPC.
3. The body was identified as one of Narender, by the parents of the deceased, Sh. Ram Parshad (PW-13) and Smt.Savitri Devi (PW-12). They informed the police that their son had been missing since 13.11.2000 and expressed a suspicion against the accused, Jitender (A-3), Surinder (A-1) and Dinesh (A-2) as the deceased was with them at about 7:30 PM on 13.11.2000 and last seen alive with them by PW-12 at around 8:30 PM on the same day. The police made a search of the respective homes of the accused but all three were found missing.
4. The post-mortem on the dead body was conducted by Dr. R.K Sharma (PW-19) on 17.11.2000 at 3 PM and he opined in the Post Mortem report (Ex.W19/A) that “the time since death approximately 3 days” and “the cause of death was due to compression of neck and head injuries (intra cranial haemorrhage)” thereby establishing that the death was homicidal in nature.
5. On 21.11.2000, enquiries were made from the deceased’s father and a search was made in his house. During this search, a letter written by the sister of A-2 namely, Smt. Suman Kumari (PW-11) to the deceased was found in one drawer of a table. The father of the deceased informed the police that PW-11 used to take tuitions from the deceased at his house. The I.O., Inspector Sukhbir Singh (PW-25) then visited PW-11’s home where her brother, Sudesh Kumar (PW-26) handed over a school register (Ex.CW1/A) containing PW-11’s handwriting. While PW-25 was interrogating PW-11, A-1 and A-2 reached there and in their disclosure statements, Ex.PW-22/D and Ex.PW22-E respectively, they disclosed that they had killed the deceased, Narender in the room behind the chakki with the help of A-3. They further disclosed that with the help of A-4, they had wr
