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2019 Supreme(Del) 2414
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, CHANDER SHEKHAR, JJ.
State – Appellant
Versus
Sushil and Others – Respondents
Crl. A. No. 731 of 2007
Decided On : 20-11-2019
Advocate Appeared:
For the Appellants : Ms. Radhika Kolluru, Mr. P. Choudhary, Dharmendra Pratap Singh.
For the Respondents: Mr. N. Hariharan, Mr. Rajeev Gaur, Mr. Siddharth Singh Yadav, Mr. Varun Deswal, Mr. Aditya Vaibhav Singh, Ms. Mallika Chadha, Mr. Prateek Bhalla.
Headnote:
The court acquitted the accused persons of murder and attempt to murder charges due to unreliable eyewitness accounts, inconsistencies in medical records, and lack of motive. The prosecution failed to prove the guilt of the accused beyond a reasonable doubt.
Fact of the Case:
The case involved the stabbing of two individuals, resulting in the death of one of them. Three eyewitnesses testified to the incident, claiming to have seen the accused persons commit the crime. The prosecution also presented medical records and a knife allegedly used in the attack.
Finding of the Court:
The court found that the testimonies of the eyewitnesses were unreliable due to contradictions and embellishments. The medical records were also found to be inconsistent with the eyewitnesses' accounts. Additionally, the prosecution failed to establish a clear motive for the crime. The court concluded that the evidence presented was insufficient to prove the guilt of the accused persons beyond a reasonable doubt.
Issues: 1. Reliability of eyewitness accounts 2. Consistency of medical records 3. Establishment of motive
Ratio Decidendi: The court held that eyewitness accounts must be carefully scrutinized and evaluated for inconsistencies and embellishments. Medical records must also be consistent with the eyewitnesses' accounts to be considered reliable. Furthermore, the prosecution must establish a clear motive for the crime in order to prove the guilt of the accused beyond a reasonable doubt.
Final Decision: The court acquitted the accused persons of all charges due to the unreliable nature of the evidence presented by the prosecution.
JUDGMENT :
G.S. SISTANI, J.
1. Present appeal has been filed under Section 378(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) against the judgment dated 28.03.2007 passed by the Additional Sessions Judge Fast Track Courts, Rohini (‘Trial Court’) in Sessions Case No. 02/2006 arising out of FIR No. 359/1993 PS Samaypur Badli under Section 302/307/34 of the Indian Penal Code, 1860 (‘IPC’) whereby all the accused persons/respondents herein have been acquitted. Initially the State had filed a Petition seeking Leave to Appeal being Crl. L.P. 188/2007, which was allowed vide order dated 16.11.2007 and the case was converted into a regular appeal.
2. The case of the prosecution as noticed by the Trial Court reads as under:
“2. It is case of prosecution that on 30.08.93 at about 10 pm, Raj Kiran was present in the compound of his house situated in Village Khera Kalan. At that time, his younger brothers Narender and Om Singh and their uncle Balwant were also present there. All of them heard someone calling Raj Kiran. Raj Kiran sent his younger brother Narender but at the same time, he himself also got up and went out of his house. Sushil Kumar (accused) was seen pulling Narender out of the house by his hand. Surender took Narender in his grip from his backside. Sushil Kumar accused stabbed Narender. Sushil Kumar accused exhorted Ashok to stab Raj Kiran whereupon Ashok stabbed Raj Kiran in the middle of his abdomen, right side of his waist and on his buttock. As a result of the stab wound, Raj Kiran fell down and became unconscious. The occurrence was witnessed by Om Singh and Balwant Singh. Om Singh raised alarm for being saved. Accused persons then ran away from the spot towards their house. Many persons from the public also gathered there.
3. About 10/15 days prior to the aforesaid occurrence, at about 4/5 pm, Raj Kiran and his brother Om Singh were present near their house. Sushil accused came towards them driving a jeep at a high speed. Om Singh and Raj Kiran had a narrow escape. Complainant party went to house of Sushil accused to lodge protest with his father Randhir Singh. Sushil accused was scolded by his father. On the same day, Sushil accused threatened to deal with them one by one.
4. On 30.08.93 at about 10/10.30 pm, Inspector Harshvardhan, SHO, PS S.P. Badli received information on wireless that an incident of stabbing had taken place in Village Khera Kalan. Thereupon, he accompanied by Ct. Ramesh Kumar reached the spot i.e. near the house of Baldeva. SI Darshan Lal and Ct. Satanand were also found present there. The SI and the Constable had reached there on receiving call of quarrel at the house of Ram Kishan. On reaching the spot, they learnt that two persons had been removed to hospital by PCR staff.
5. Inspector Harshvardhan left Constable Ramesh at the spot to guard it and himself accompanied by SI Darshan Lal and Ct. Satanand reached Hindu Rao Hospital and from there collected MLC of Narender. As per MLC, Narender had been declared brought dead. Raj Kiran, injured was allegedly declared by the doctor unfit to make statement. Balwant Singh met the Inspector at the hospital and made statement. The Inspector appended endorsement whereupon ruqqa was sent from the hospital through Ct. Sadanand and present case was registered.
6. On return to the spot, the Inspector collected sample of blood from there, turned it into a parcel and sealed the same with seal bearing impression HV. The sample of blood was then seized vide a memo. The Inspector prepared rough site plan of the place of occurrence as pointed out by Balwant Singh. From the spot, the Inspector once again visited Hindu Rao Hospital and enquired about fitness of Raj Kiran to make statement. Still Raj Kiran was unfit to make statement.
7. Balwant Singh PW-produced before the Inspector one underwear of Raj Kiran. The underwear was found blood stained and having a cut. It was turned into a parcel, sealed with the seal bearing impression HV and then taken into possession vi
