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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vibhu Bakhru, J.
Umesh & Ors. - Appellant
Versus
State - Respondent
Criminal Appeal No. 714 of 2017
Decided On : 13-05-2020
Indian Penal Code - Conviction under Sections 304/34 - [BEATING, INJURY, CONVICTION] - [Sections 304/34 of the Indian Penal Code, 1860] - The court discussed the evidence presented, the lack of proof linking the deceased to the incident, the delay in reporting, and the failure to establish the weapon used, leading to the acquittal of the appellants.
Fact of the Case:
The appellants were convicted for beating a boy named Deepak, resulting in fatal injuries. The prosecution's case relied on the testimony of the complainant as the main witness.
Finding of the Court:
The court found that the prosecution failed to establish beyond reasonable doubt that the appellants had committed the offence. The lack of evidence linking the deceased to the incident, the delay in reporting, and the failure to establish the weapon used led to the acquittal of the appellants.
Issues: The main issue was the lack of evidence linking the deceased to the incident, the delay in reporting, and the failure to establish the weapon used.
Ratio Decidendi: The court's decision was influenced by the lack of evidence linking the deceased to the incident, the delay in reporting, and the failure to establish the weapon used, which led to the acquittal of the appellants.
Final Decision: The appeal was allowed, and the appellants were acquitted of the offences for which they were charged and convicted. The impugned judgment and the order on sentence were set aside.
JUDGMENT
Vibhu Bakhru, J. - The appellants have filed the present appeal, inter alia, impugning a judgment dated 08.05.2017 (hereafter ''the impugned judgement'') passed by the learned ASJ, FTC, Shahdara, Karkardooma Courts, whereby the appellants were convicted for the offences punishable under Sections 304/34 of the Indian Penal Code, 1860 (IPC). By an order on sentence dated 27.05.2017, which is also impugned herein, the appellants were sentenced to undergo seven years of rigorous imprisonment along with a fine of Rs. 10,000/- each and in default of payment of fine, to undergo six months of simple imprisonment.
2. The appellants were found guilty of beating a boy named Deepak (hereafter also referred to as ''the deceased'') and fatally injuring him. The appellants contend that the impugned judgment is liable to be set aside as the testimony of the key witness (PW1) is not consistent with statement of the wife of the deceased. It is pointed out that PW-1 had testified that he had seen the deceased at about 03:00-03:30 am but the wife of the deceased (in her statement given to the police) had stated that he had left the house at 04:00 am. It is further contended that there is no evidence to establish that the deceased is the same boy who was allegedly beaten by the appellants. It is further contended that other residents of the Gandhi Kushth Ashram were not examined and therefore, the evidence available on record is insufficient to convict the appellants.
3. Briefly stated, the case of the prosecution is that on 27.06.2013 at about 06:15 a.m., a call was received at the police headquarters reporting that a person was lying unconscious at New Quarter, 444, Kodi Colony, Thairpur. The said person, who was identified as Deepak, was taken to GTB Hospital where was he declared as brought dead.
4. Dd No. 6-A was recorded on 27.06.2013 at PS Nand Nagri pursuant to which, SI Nitin along with other staff went to Kodi Colony, Tahirpur where they came to know that the injured had been removed to GTB Hospital by PCR. Upon reaching GTB Hospital, SI Nitin was informed that the injured person had been declared brought dead.
5. The post mortem of the body was, thereafter, conducted and fifty-one injuries were found on the body of the deceased. The cause of death was determined as haemorrhagic shock as a result of ante-mortem laceration of lung produced by blunt force.
6. On 20.07.2013, Sheikh Basruddin (the complainant) gave his statement in PS Nand Nagri. He stated that he was working as a security guard (chowkidar) at the Gandhi Kushth Ashram and had been doing so for the past nine months. On the intervening night of 26/27.06.2013 at about 03:30 a.m., he noticed a boy aged between twenty-five and thirty years, roaming in the said Ashram. Upon inquiries, the said boy stated that he had come to "take DJ" from one Pradeep. Being suspicious, the complainant rang the bell hanging inside the Ashram and thereafter, some of the residents of the Ashram and one Javed caught hold of the said boy while Umesh and Naresh searched him. The search yielded a mobile phone, purse and an ID card of Naresh. Thereafter, the appellants (Javed, Umesh and Naresh) beat the said boy mercilessly with fist blows, kicks and a rod (laat, ghuso ve danda). Resultantly, the boy was drenched in blood (lahulohan) and in this half dead (adhmari) condition, he was removed from the Ashram. The complainant stated that the appellants (accused) asked him to close the gate and he heard them say, "saale chor ko aise hi peetna chahiye". Thereafter, he closed the gate. He saw the boy walking towards the main road and thereafter, in the morning, he went back to his house and slept. He stated that subsequently he came to know that the said boy, who was named Deepak, was a resident of the new quarters at Kodi Colony, Tahirpur, Delhi. And, he had expired.
7. On the basis of the statement of the complainant and post-mortem report, rukka was prepared and thereafter, an FIR bearing no. 365/201
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