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2020 Supreme(Del) 289
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, SANGITA DHINGRA SEHGAL, JJ.
Ramjani - Appellant
Versus
State - Respondent
Crl.A. 1075 of 2018
Decided On : 06-03-2020
For the Appellant :Mr. S.B. Dandapani, Advocate
For the Respondent: Ms. Aashaa Tiwari, APP for the State
The case established the guilt of the appellant-convict based on circumstantial evidence, emphasizing the importance of the 'last seen' circumstance, withdrawal of the missing complaint, and failure to explain the death.
Headnote:
MURDER - CIRCUMSTANTIAL EVIDENCE - [IPC Section 302] - [Summary of the acts and sections referenced and discussed by the court]
Fact of the Case:
The appellant-convict was found guilty of murdering his stepdaughter Khushbul. The prosecution's case was based on circumstantial evidence as there were no eyewitnesses to the incident. The appellant-convict had filed a missing person complaint regarding Khushbul, but later withdrew it, claiming she had been found and sent to his native village. A dead body matching Khushbul's description was found, and the appellant-convict failed to produce his wife and stepdaughter from the village. The post-mortem report indicated death due to drowning.
Finding of the Court:
The court found the appellant-convict guilty based on the chain of events, including the 'last seen' circumstance, withdrawal of the missing complaint, identification of the dead body, and failure to explain the death. The court affirmed the conviction and sentence.
Issues: The key issues were the identification of the deceased, the withdrawal of the missing complaint, failure to produce the wife and stepdaughter, and the cause of death.
Ratio Decidendi: The court relied on the 'last seen' circumstance, withdrawal of the missing complaint, failure to explain the death, and the chain of events to establish guilt.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellant-convict were affirmed.
JUDGMENT :
MANMOHAN, J.
1. Present appeal has been filed by appellant-convict challenging the judgment dated 5th July, 2018 and the order on sentence dated 7th July, 2018 passed by Additional Sessions Judge, Pilot Court, North District, Rohini Courts, Delhi in Sessions Case No. 240/2017 arising out of FIR No. 573/2016 registered with Police Station Bhalaswa Dairy, whereby he had been convicted under Sections 302 of the Indian Penal Code (hereinafter referred to as „IPC?) and was sentenced to rigorous imprisonment for the remainder of his life with a fine of Rs. 10,000/- for an offence punishable under Section 302 IPC.
CASE OF THE PROSECUTION
2. The prosecution’s case, as noted by the Trial Court, is reproduced here-in-below:-
“1. On 13.11.16 at 22.36.07 hours a call was received from telephone number 7840081286 and caller informed “caller ki beti khushbul age 6 years jisne red frock aur nage par hai jo 8 baje se gayab hai, need police”. On this information, DD No. 36A Ex.PW2/A was recorded at PS Bhalswa Dairy at 22.46 hours. ASI Narender along with Ct.Umesh reached Mukund Pur, Labour Chowk, where Mohd. Ramjani met him. He reported that he is residing as tenant in H.No. 8, Near Labour Chowk, Macchi Chowk, Mukund Pur and working as a mason. At about 6.30 p.m. he returned home along with his wife and at about 7.00 p.m. he along with his wife went to the market to make purchases. When they were leaving home, their daughter Khushbul also followed them but they sent her back. They returned home at about 7.45 p.m. Their son told them that Khushbul is not at home. He searched for Khushbul but she was not found anywhere. Her daughter Khushbul was 6 years of age, 3-½ ft height, blackish complexion, round face and was wearing red colour frock, black colour t-shirt, green colour payjami and was bare feet. On this complaint, FIR No. 573 U/s 363 IPC was registered.
2. On 14.11.16 at 10.15 p.m., Ramjani came to PS Bhalswa Dairy and informed that he got registered the complaint regarding missing of his daughter Khushbul who was found by his nephew Hashim, residing under Azadpur Metro Station. He had sent his daughter along with his wife Sahana Khatoon to his village Havidi, Post Office Puri, PS Bhahri, Distt. Dharbanga, Bihar. He also told that no untowards incident had taken place with his daughter and that no search be conducted further for his daughter.
3. On 17.11.16, a message was received at 12.32 pm that near Golf Course, Bhalswa Dairy, dead body of a girl aged 4-5 years is lying. The description of the dead body matched with the description of missing girl Khushbul. Mohd. Ramjani was called to identify the dead body but he told that dead body was not of his daughter Khushbul. However, the dead body was identified as of Khushbul by the earlier husband of Shahana namely Jameer as Khushbul and also by Surender, the landlord of Mohd. Ramjani as Khushbul. Mohd. Ramjani was asked to produce his daughter which he could not. He also made a call to a lady and made the police to talk with her. She told that she is Sahana. She also made that police officer to talk with Khushbul. HC Santosh who was already in Darbhangha was asked to find out Sahana and Khushbul. She visited the addresses but neither Sahanan nor Khushbul was found. Postmortem on the dead was got conducted and the doctor opined that cause of death is asphyxia secondary ante mortem drowning. Section 302 IPC was added. Accused Mohd. Ramjani was arrested. After completion of investigation, charge sheet against the accused was filed. Ld. M.M. after complying with the provision U/s 208 Cr.P.C. committed the case to the sessions court as the offence punishable under Section 302 IPC is exclusively triable by the Sessions Court.
4. Accused was charged for the offence punishable under Section 302/201 IPC to which he pleaded not guilty and claimed trial. Thereafter, the case was fixed for prosecution evidence.”
FINDING OF THE TRIAL COURT
3. The Trial Court held the appellant-convict guilty under Secti
