SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Del) 2023

IN THE HIGH COURT OF DELHI
Mukta Gupta, Anish Dayal, JJ.
Pardeep - Appellant
Versus
State - Respondent
Crl.A. 64 of 2021, Crl.A. 114 of 2021, Crl.A. 130 of 2021 and Crl.A. 131 of 2021
Decided On : 31-10-2022

The main legal point established in the judgment is the reliance on eyewitness testimony, recovery of weapons and stolen property, and the application of legal principles related to murder, robbery, conspiracy, and the use of deadly weapons.

Headnote:

MURDER - ROBBERY - IPC 302/34, 120B, 392/394/397 r/w 120B, 414 - The court convicted the appellants for the murder of Surjit Singh by stabbing him with a knife, after hatching a criminal conspiracy to commit robbery of a tractor, mobile phone, and currency. The court also discussed the evidence, witness testimony, and the legal provisions related to the case.

Fact of the Case:

The appellants were convicted for the murder of Surjit Singh by stabbing him with a knife, after hatching a criminal conspiracy to commit robbery of a tractor, mobile phone, and currency. The prosecution's case was based on the testimony of the eyewitness Bhim Singh, who was the star witness of the prosecution.

Finding of the Court:

The court found the testimony of Bhim Singh to be cogent and reliable, and upheld the conviction of the appellants for murder and robbery. The court also discussed the evidence related to the recovery of weapons, mobile phone, and the actions of the appellants during the commission of the offences.

Issues: The main issues revolved around the reliability of the witness testimony, the recovery of weapons and mobile phone, and the presence of the appellants at the scene of the crime. The appellants raised objections regarding the witness testimony, contradictions in statements, and the recovery of evidence.

Ratio Decidendi: The court relied on the testimony of the eyewitness Bhim Singh, the recovery of weapons and mobile phone, and the medical evidence to establish the guilt of the appellants. The court also discussed legal principles related to the use of deadly weapons, conspiracy, and the sale of stolen property.

Final Decision: The court dismissed three appeals and allowed one appeal, maintaining the convictions and sentences of the appellants for murder, robbery, and related offences. The court also ordered the release of one appellant who had already served a significant portion of the sentence.

JUDGMENT

1. By these four appeals, the appellants challenge the judgment dated 29th September 2020 convicting all the four appellants for murder of one Surjit Singh ("deceased") by stabbing him with a knife, after hatching a criminal conspiracy to commit robbery of the tractor bearing registration number HR30G 4498, mobile phone Nokia 1209 and currency amount of Rs.2,500/- all belonging to one Bhim Singh ("injured") who was also hurt by the appellants while committing the offence; and order on sentence dated 19th October, 2020 wherein the appellants Anil, Kaushal and Mehtab were directed to undergo rigorous imprisonment for life alongwith fine of Rs.5,000/- each and in default whereof simple imprisonment of one year for offence punishable under Section 302/34 of the Indian Penal Code ("IPC"). These three appellants were further directed to undergo rigorous imprisonment for seven years alongwith fine of Rs.5,000/- each in default whereof simple imprisonment of one year for offence punishable under section 120B IPC and Sections 392/394/397 r/w Section 120B IPC. Appellant Anil was further sentenced to undergo rigorous imprisonment for a period of 3 years for offence under section 414 IPC. Appellant Pradeep was directed to undergo rigorous imprisonment for a period of 7 years alongwith a fine of Rs.5,000/- in default whereof simple imprisonment of 1 year for offence punishable under Section 120B IPC and Sections 392/394/397 IPC r/w Section 120B IPC.

2. The investigation was set into motion on receipt of an information vide DD No. 7B that ahead of GT Karnal Road, near Barat Ghar, Gurudwara Siraspur, Delhi, four persons had robbed a tractor after stabbing a person and had fled away towards Singhu Border. At the spot Bhim Singh, the complainant who was found undressed informed that on 20th December, 2010, at about 3.30 am, he alongwith Surjit Singh were in front of the Barat Ghar on a trolley with registration no. HR30G4498 when one auto with passengers came in front of their tractor trolley. Surjit Singh stopped the tractor. Four boys aged about 20-25 years came out of the auto, started abusing and asked Surjit Singh and the complainant to give them money. Two of the assailants were carrying knives with them. Those boys forcibly pulled them out of the tractor. Two of them caught hold of Surjit Singh, while the other two caught hold of the complainant and pulled out Rs.2,500/- from his pocket. When Surjit Singh tried to escape, one person holding the complainant ran towards Surjit Singh, and then those 3 assailants dragged Surjit Singh towards the nala and inflicted knife blows on him. The assailants snatched the mobile phone of the complainant. Thereafter, the complainant escaped and ran towards the dark side and hid himself about 100 meters from the spot. One of the assailants loosened the trolley's latch, sat on the tractor and took it towards the Singhu border and other three accused also went towards the border in the auto. Complainant/injured tried to seek help from the moving vehicles to save Surjit Singh but no one stopped, and then the complainant went to the Gurudwara, took phone from the chowkidaar and dialed no. 100, and stayed at the spot till the arrival of the police. Surjit Singh was taken to the Harish Chandra Hospital at Narela where he was declared "brought dead". On this statement, FIR no. 404/2010 dated 20th December, 2010 was registered under sections 392/397/302/34 at PS Samaypur Badli. During the course of investigation the four appellants and one `A' was arrested. On completion of investigation charge-sheet was filed against the four appellants and `A' being a juvenile, inquiry report qua him was filed before the Juvenile Justice Board.

3. Dr. Mazhar Hussain (PW-12) examined the deceased patient on 20th December, 2010 at about 4:40 AM and prepared MLC (Ex.PW-12/A). He noted the following injuries:

i. Incised wound of about2 x 1 cm over left side of neck with upward tailing.

ii. Incised wound 2cm x .5 cm over

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top