Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1918

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Mini Pushkarna, JJ.
Vidhya Bhushan @ Shashi Bhushan - Appellant
Versus
State - Respondent
Crl. A. 740 of 2018
Decided On : 09-09-2022

Advocates appeared:
Mr. Adit S. Pujari, Mr. Maitreya Subramaniam & Mr. Chaitanya Sundriyal, Advocates., for the Appellant; Mr. Tarang Srivastava, APP with Inspector, Ashuthosh, PS Aman Vihar., for the State

The refusal of the accused to undergo TIP, the recovery of the weapon of offence, and the consistent testimony of eyewitnesses can establish guilt beyond reasonable doubt.

Headnote:
Conviction - Murder - IPC Section 302, Arms Act Section 25/27 - Section 302 IPC, Section 25(1B)(a) Arms Act, Section 27(1) of Arms Act
Fact of the Case:

The appellant was convicted for the murder of the deceased who was shot during a religious event. The prosecution's case relied on the direct testimony of the deceased's cousin brother and the recovery of the weapon of offence. The appellant's refusal to undergo TIP and the recovery of the weapon were crucial in establishing his culpability.
Finding of the Court:

The court found the appellant guilty based on the consistent testimony of the eyewitness, the recovery of the weapon of offence, and the forensic evidence. The court rejected the appellant's arguments regarding inconsistencies in the prosecution witnesses' depositions and the defective investigation.
Issues: The issues revolved around the credibility of the prosecution witnesses, the identification of the appellant, the recovery of the weapon of offence, and the motive behind the murder.
Ratio Decidendi: The court relied on the consistent testimony of the eyewitness, the refusal of the appellant to undergo TIP, and the recovery of the weapon of offence to establish the appellant's guilt beyond reasonable doubt.
Final Decision: The court upheld the judgment of conviction and order of sentence, dismissing the appeal.

JUDGMENT

Mini Pushkarna, J. - The present appeal is directed against the judgment dated 21.03.2018 and order on sentence dated 28.03.2018 passed by the learned ASJ-02, North Rohini Courts, Delhi in SC No. 57949/2016, arising out of FIR No. 169/2011 under Section 302 IPC and 25/27 Arms Act, registered at Police Station Aman Vihar, Delhi. The appellant has been convicted to rigorous imprisonment for life under Section 302 IPC and a fine of Rs.5000/-. In default of payment of fine, he has been directed to undergo simple imprisonment for 6 months. The appellant has further been sentenced to rigorous imprisonment for 2 years and a fine of Rs.2000/- under Section 25(1B)(a) Arms Act. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for 2 months. He has further been sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs.3,000/- under Section 27(1) of Arms Act, in default whereof he has been sentenced to undergo simple imprisonment for 3 months. All the sentences have been directed to run concurrently by the Sessions Court. Benefit of Section 428 Cr.P.C. has also been given to the appellant.

2. Brief facts, as stated in the charge sheet are that on receipt of DD on 05.06.2011, the S.I. on duty, Mahavir Singh along with two constables reached the spot of incident, i.e., DDA ground, Prem Nagar-3. On the spot there was a pandaal of puja and on the stage near the right side of pandaal, blood was lying, and on the curtain on the right side, there was a hole of bullet. On inquiries, it was revealed that one Jyoti Prakash @ Jai Prakash @ J.P. (deceased) had received bullet injury and that he had been taken to hospital.

3. Thereafter S.I. Mahavir Singh reached the hospital and came to know that the injured had died during treatment. He recorded the statement of father of the deceased, PW-3 who stated that his son, the deceased, was residing in Prem Nagar - 3 along with his wife, Rinku @ Lali. The deceased was holding a yagya from 30.05.2011, which was to continue till 07.06.2011. The yagya was being carried out at DDA ground, near Sukhi Nehar, Prem Nagar - 3. On the date of the incident i.e. 05.06.2011, like every day, the yagya started at around 4:30 - 5:00 PM, in which many persons of the locality and their known joined. At around 7:45 PM after the Aarti finished, the deceased went to the stage to help Maharaj ji come down from the aasan and was alighting from the stairs of the stage, when somebody fired from behind the curtain which struck him on his back, and he fell down. When PW-3 peeped through the Shamiyana, he saw one young person having rucksack on his back and having a pistol in his hand. He was running from the back of the Shamiyana and two - three persons from the yagya also ran after him. The said person looked back after running for some distance, and thereafter he ran away into a gali.

4. On the statement of father of the deceased, FIR was registered under Section 302 IPC. On 21.06.2011, on receipt of secret information S.I. Sumit Kumar along with the police party reached the native place of the accused/appellant Vidhya Bhushan @ Shashi Bhushan @ Guddu and he was arrested from his native place. He also made a disclosure statement after his arrest. He was brought to Delhi and an application for TIP was moved, which he refused. Thereafter, his police custody remand was obtained, during which the accused got recovered from village pond of Mubarakpur Dabas, one plastic polythene, which contained one Katta and one live cartridge and one empty cartridge, which were seized.

5. After completion of investigation, charges under Sections 302 IPC and 25/27 Arms Act were framed against the appellant, to which he pleaded not guilty and claimed trial.

6. The prosecution examined 31 witnesses. The learned Trial Court by the impugned judgment and order convicted and sentenced the appellant as stated hereinabove. Hence the present appeal on behalf of the appellant.

7. Learned Counsel appeari