The credibility of ocular testimonies, corroborative evidence, and motive for the crime were central to establishing guilt beyond reasonable doubt.

JUDGMENT

Siddharth Mridul, J. - The present Criminal Appeal filed under Section 374(2) read with Section 383 of the Code of Criminal Procedure, 1973 (“Cr.P.C”) assails the judgment dated 24.04.2019 passed by the learned Additional Sessions Judge (Central), Tis Hazari Courts, Delhi, whereby the Appellant has been convicted under Sections 302 and 34 of the Indian Penal Code, 1860 (“IPC”) for committing the murder of the deceased, Mukesh, by stabbing him with a knife, in collusion with the co-perpetrator of the crime, Nisar (not arrested), who inflicted deadly injuries upon the deceased with a broken glass bottle. By way of the order on sentence dated 30.04.2019, the Appellant has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.10,000/-, and in default whereof, to undergo further simple imprisonment for 03 months.

2. The case of the prosecution is that the Appellant along with coperpetrator, Nisar, motivated by a grudge that the deceased was a police informant, stabbed the deceased on vital parts of his body with a knife and a broken glass bottle causing his death. It is also the case of the prosecution that a blood-stained handkerchief and a knife were recovered from the Appellant pursuant to his disclosure statement. To bring home the guilt of the Appellant, the prosecution has relied inter alia upon the testimonies of eye-witnesses PW-1 (Vakeel Khan), PW-13 (Nitesh – deceased's younger brother), PW-14 (Dinesh) and PW-18 (Pawan Kumar).

3. According to the prosecution, the crime was committed at about 10:30 P.M. on 11.08.2011, at Railway Line Daya Basti under Zakhira Bridge, near Rakhi Market Jhuggi, Delhi. The information about the crime was received on the intervening night of 11/12.09.2011 by PW-4 (Head Constable Raj Kumar), who was posted as the DD Writer at Police Post Inderlok under Police Station : Sarai Rohilla. PW-4 recorded DD No.33, exhibited as Ex.PW-4/A, and handed-over the same to PW-9 (Head Constable Prithvi Singh), for necessary action. It was informed that the victim (now deceased), Mukesh, had been stabbed with a sharp object and was bleeding. Further, it was recorded that Mukesh had been taken to Hindu Rao Hospital from Badhi Masjid, Sarai Rohilla, Inderlok PP, Delhi. PW-9 along with PW-10 (Constable Mahipal), reached the spot, where they found that the victim had already been taken to Hindu Rao Hospital by the PCR van. PW-9 and PW-10 reached Hindu Rao Hospital and collected the MLC of the victim (Ex.PW-17/A). As per the MLC, the victim was opined to be ‘unfit for statement’. At the instance of PW-9, PW-4 went to Hindu Rao Hospital and recorded DD No.36 in this regard, which has been exhibited as Ex.PW-4/B. PW-5 (Duty Constable Dharmender), handed-over a sealed parcel bearing the seal of Hindu Rao Hospital and a sample seal to PW-9, which were taken into possession by PW-9 vidé Seizure Memo Ex.PW-5/A. DD No.33 (Ex.PW-4/B) with regard to the incident was assigned to PW- 27 (Sub-Inspector Ramphal). PW-9 handed-over the MLC and one sealed parcel along with a sample seal to PW-27. PW-27 then recorded the statement of PW-6 (ASI Jaswant), exhibited as Ex.PW-6/A, and prepared a rukka and dispatched the same with PW-10 for the registration of the FIR (Ex.PW-25/A). As per the statement of PW-6, he was posted as In-charge PCR Sugger 36 and his duty hours were from 08.00 A.M. to 08.00 P.M. PW-6 stated that he was stationed near Badi Masjid, Inderlok with PW-8 (Head Constable Satya Narain), the driver and PW-7 (Constable Raghuram), the gunman. The PCR was standing stationary near Badi Masjid, Inderlok when at about 11.00 P.M., they saw one boy coming towards the PCR from the side of Gupta Complex. They noticed that the boy had stab injuries and was bleeding from his chest; with his clothes stained with blood. The boy told them that his name was Mukesh and he further informed him that 3-4 boys had stabbed him. PW-6 took him to the aforesaid hospital and gave the information about the incident