The main legal point established in the judgment is the reliance on consistent eyewitness testimonies, forensic evidence, and motive to prove guilt beyond reasonable doubt in a murder case.

JUDGMENT

Anish Dayal, J. These appeals assail the impugned judgment dated 27th July, 2019 passed by the learned Trial Court convicting appellants Humesh @ Babu @ Murari, Parveen @ Naveen @ Vikky and Amit guilty for offence under Section 302/34 IPC and in addition convicting Parveen for offence under Section 27 of the Arms Act and Amit for offence punishable under Section 174A (Part I) IPC. The appeals further assail the order on sentence dated 31st July, 2019 sentencing the three appellants Umesh, Parveen and Amit for life imprisonment for the offence punishable under Section 302/34 IPC and a fine of Rs.10,000/- each (RI for six months in default of payment of fine), and sentencing Parveen to rigorous imprisonment for three years for offence punishable under section 27 of the Arms Act and a fine of Rs.2000/- (RI for six months in default of payment of fine) and sentencing Amit for simple imprisonment for 3 years for offence punishable under Section 174A(Part I). All sentences were to run concurrently.

Incident

2. As per the case of the prosecution, on 4th October, 2010 at 9.50 p.m. a PCR call was recorded vide DD No. 41A regarding stabbing of a person near House No. 470 near Dayama Dispensary, Chandan Vihar which was received at PS Nihal Vihar, Delhi. On receipt of the information IO, Inspector Jai Singh (PW-38) along with PW-3 Ct. Sunil Kumar and others reached the crime scene spot where they met PW-29 SI Bhanwar Singh, PW-32 HC Diwan Singh and PW-14 Ct. Sushil Kumar. Bloodstained clothes and pair of bloodstained slippers were found on the spot and the IO came to know that the injured has been shifted to Global Hospital, Paschim Vihar by his family members. On visiting the hospital, the IO found that one Om Prakash aged 38 years resident of B-26, Amibka Enclave, Nihal Vihar, Delhi was found to be admitted with history of assault and stab injuries. His MLC (Ex. PW-20/A) was prepared, and the deceased was declared brought dead by the doctors. The dead body was sent to the mortuary and post mortem was conducted at about 11.00 a.m. on 5th October, 2010 at Sanjay Gandhi Memorial Hospital and the post mortem report (Ex PW-24/A) was prepared. The IO recorded the statement of the brother of deceased, Sunder Lal Chauhan (PW-11) who stated that on 4th October, 2010 at about 9.30 p.m., after having dinner along with the deceased and PW-7 Naresh Dayama, they came out of the shop of Rinku at B-470, Chandan Vihar, when the three appellants came carrying knives and sharp edged weapons. Parveen caught hold of the deceased and all of them attacked several times with knives and other weapons saying that they would teach him a lesson. The deceased fell on ground and when the complainant tried to save him, the appellants pushed him and fled away from the spot on motorcycles. PW-11 mentioned to the police that the deceased had started his new cable work after leaving the company and friendship of the appellants, who used to quarrel with him and demand money. Based on the complaint, FIR No. 211/2010 was registered under Section 302/34 IPC against all three appellants. The crime team inspected the spot, site plan was prepared, exhibits were lifted, statements of the witnesses were recorded under Section 161 Cr.P.C. and search of the appellants commenced. Appellant Parveen was arrested from Paschim Vihar, and at his instance, the weapon of offence (knife) and his clothes were recovered. Thereafter, appellant Humesh was arrested on 6th November, 2010 and at his instance bloodstained clothes which he was wearing at the time of offence were recovered. Additionally, accused Ravinder @ Arjun who had been arrested in some other case was arrested on 15th December, 2010 and at his instance a bloodstained knife from Najafgarh drain was recovered. He also disclosed that one Raju Beniwal @ Ganja lodged in Tihar Jail had abetted to kill the deceased because of an old rivalry with the deceased. Appellant Amit could not be traced and bailable warrants were issued