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IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Anup Jairam Bhambhani, JJ.
Film Kaur @ Ginni - Appellant
Versus
State (Govt.Of Nct Delhi) - Respondent
Crl. A. 511/2020, Crl. A. 509/2020, Crl. A. 507/2020, Crl. A.504/2020 & Crl. A.468/2020,
Decided On : 22-08-2022
MURDER - CRIMINAL APPEALS - CODE OF CRIMINAL PROCEDURE, 1973 (Cr.P.C) - INDIAN PENAL CODE, 1860 (IPC) - [Section 374(2) Cr.P.C] - [302/450/34 IPC] - The court discussed the legal provisions of Section 302/34 IPC and Section 304 Part II IPC, and relied on the legal position established in the case of Virsa Singh v. State of Punjab (AIR 1958 SC 465) to determine the intention of the accused in causing bodily injury likely to cause death. The court found contradictions in the testimony of the sole eyewitness, leading to the conclusion that the testimony did not deserve any credence or credibility. The court also noted the lack of credible testimony connecting the appellants to the offence, and consequently afforded the benefit of doubt to all the appellants, setting aside the conviction and quashing the sentencing order.
Fact of the Case:
The appellants were convicted for committing the murder of the deceased victim Sonu by inflicting deadly injury upon him with dandas and hurling him down the stairs from the 3rd floor to the 2nd floor, resulting in his untimely demise. The sole eyewitness, PW-2, testified to the events of the night but her testimony was found to be contradictory and lacking credibility by the court. The prosecution failed to establish a credible connection between the appellants and the offence.
Finding of the Court:
The court found that the testimony of the sole eyewitness did not deserve any credence or credibility due to significant contradictions. It also noted the lack of credible testimony connecting the appellants to the offence, leading to the conclusion that the appellants were entitled to the benefit of doubt.
Issues: The main issue revolved around the credibility of the sole eyewitness testimony and the lack of credible evidence connecting the appellants to the offence.
Ratio Decidendi: The court applied the legal provisions of Section 302/34 IPC and Section 304 Part II IPC, and relied on the legal position established in the case of Virsa Singh v. State of Punjab (AIR 1958 SC 465) to determine the intention of the accused in causing bodily injury likely to cause death. It found contradictions in the testimony of the sole eyewitness, leading to the conclusion that the testimony did not deserve any credence or credibility. The court also noted the lack of credible testimony connecting the appellants to the offence, and consequently afforded the benefit of doubt to all the appellants.
Final Decision: The judgment convicting the appellants was set aside and the sentencing order was quashed. The appellants were directed to be released forthwith if not wanted in any other case. There was no order as to cost.
JUDGMENT
Siddharth Mridul, J. - These Criminal Appeals being Criminal Appeal Nos. 511/2020, 509/2020, 507/2020, 504,2020 and 468/2020 have been instituted under the provision of Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C), assailing the Judgment of Conviction dated 06.03.2020 as well as the Order on Sentence dated 17.07.2020, rendered by Learned Additional Sessions Judge-03, North West District, Rohini, Delhi, in Session Case No. 10/2019, titled as 'State vs. Film Kaur and Ors', emanating from F.I.R. No. 809/2018 registered under sections 302/450/34 of the Indian Penal Code, 1860 (IPC) at Police Station: Sultanpuri.
2. The details of the Appellants and their interrelationship is tabulated herein below, for the ease of comprehension:
Appellants | Name | Relation |
A1 | FILM KAUR @ GINNI | WIFE OF DECEASED |
A2 | RAM SINGH | FATHER OF A1 |
A3 | JASWANT SINGH | BROTHER OF A1 |
A4 | BUNTY SINGH | PARAMOUR OF A1 |
A5 | DEEPAK | SON OF A1 BORN OUT OF PREVIOUS MARRIAGE |
3. By way of the impugned judgment dated 06.03.2020 and the order on sentence dated 17.07.2020, all Appellants have been convicted for committing the murder of the deceased victim Sonu s/o Shyam Lal, by way of inflicting deadly injury upon the deceased firstly, with dandas; and subsequently by hurling him down the stairs from 3rd floor to 2nd floor, in furtherance of their common intention; which acts of commission eventually resulted in the latter's untimely demise at the young age of 28 years.
4. All the Appellants were convicted and sentenced for the offences mentioned hereunder:
(i) qua the offence punishable under Section 302/34 IPC, to undergo Rigorous Imprisonment for life and to fine of Rs. 20,000/- each; and in default of payment of fine to undergo further R.I. for six months each;
(ii) qua offence punishable under Section 450/34 IPC, to undergo Rigorous Imprisonment for ten years and to fine of Rs. 20,000/- each; and in default of payment of fine to undergo further R.I. for six months each. All the sentences were directed to run concurrently, according the benefit of Section 428 Cr.P.C to all the convicts/appellants herein.
5. RELEVANT FACTS : IN A NUTSHELL
(i) The fulcrum of the case of the prosecution is that, on the night of 11.10.2018 the Appellants sharing common intention, inflicted injuries on the body of Sonu s/o Shyam Lal r/o H No. D1/28, Sultanpuri, Delhi (the 'deceased'); who consequently, succumbed to his untimely death at the Sanjay Gandhi Memorial Hospital, Mangolpuri, Delhi ('SGM Hospital') on 18.10.2018.
(ii) The fatal injuries were allegedly caused with dandas. It is the case of prosecution that Appellants after assaulting the victim with dandas, threw him down the stairs from 3rd floor to 2nd floor of the subject dwelling and thereafter absconded from the crime spot.
(iii) The entire incident was witnessed by the sole eye-witness PW-2 Smt. Phool Kaur w/o Subhash (mother of deceased), who was present with the deceased at the time of the commission of the crime.
(iv) A PCR call was received by Head Constable Sumit (PW-1) regarding the beating of one person, oozing blood profusely, as reflected in Daily Diary No.15-A [Ex.PW-1/A], lodged at Police Station: Sultanpuri, Delhi ('the Police Station'). Assistant Sub-Inspector Rishipal (PW-8) alongwith Constable Mukesh (PW-7) reached the crime spot, where they found upon inquiry that the victim had already been shifted to the SGM Hospital. Thereafter, the said police officers reached SGM hospital, where they came to know that the injured had been admitted in ICU in an unconscious condition.
(v) ASI Rishipal (PW-8) prepared the rukka (Ex.PW-2/A), based on which the FIR (Ex.PW-1/B) was got registered and investigation thereof was marked and handed over to (PW-15) Sub-Inspector Amit (IO).
(vi) Thereupon, IO also reached the crime spot, and inspected the scene of crime. However, no blood stains were found, and the IO, therefore, did not call the crime team and simply prepared the site plan [Ex.PW-15/A]. On the 18.10.2018 the
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