In a case of circumstantial evidence, the absence of motive is not always fatal to the prosecution case.

JUDGMENT :

POONAM A. BAMBA, J.

1. Vide this appeal, the appellant assails the judgment dated 01.05.2017 passed by Ld. ASJ, Pilot Court, North District, Rohini Courts, Rohini, Delhi, (“impugned judgment” in short), convicting the appellant/accused in FIR No. 32/2016, PS Shahbad Dairy, u/S. 302 Indian Penal Code, 1860 (“IPC” in short) and Ss.25/27 Arms Act, 1959 (“Arms Act” in short) and order on sentence dated 15.05.2017, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Section 302 IPC with fine of Rs. 5,000/- in default to undergo simple imprisonment for a period of six months ; the appellant was also sentenced to under rigorous imprisonment for one year under Section 25 Arms Act, with fine of Rs. 1,000/- in default to undergo simple imprisonment for a period of one month and the appellant was also sentenced to under rigorous imprisonment for one year under Section 27 Arms Act with fine of Rs. 1,000/- in default to undergo simple imprisonment for a period of one month. All the sentences were to run concurrently.

2. Briefly stating, the prosecution case is that on 09.01.2016, at about 10.04 pm, a call was received by PW-6 W/Ct. Seema, wireless operator at CPCR from phone no. 9718977891 that “Shahbad Dairy Akare ki back side mein B-block H. No. 13/21 near Peepal ka pedh yahan par caller ne dekha ki ek aadmi ke ser mein goli lagi hui hai, jo farash par padha hai.” Accordingly, PW-6 filled the PCR Form Ex.PW-6/A and flashed the message and also sent the same to the concerned Police Station. On receipt of this information in the Police Station Shahbad Dairy, DD no. 80-B/PW-5/A was recorded and the same was handed over to PW-5 ASI Ranveer Singh. PW-5 along with PW-23 Ct. Sandeep reached the spot, where they found blood on the north side and came to know that the injured had already been shifted to BSA Hospital by CAT Ambulance. In the meanwhile, one Ct. Yogender also reached there. After leaving him at the spot, PW-5 ASI Ranveer Singh and PW-23 Ct. Sandeep reached BSA Hospital, where injured Vinod was declared brought dead by PW-9 Dr. Shubham Shukla vide MLC Ex.PW-9/A. As no eye witness was found present at the spot, PW-5 ASI Ranveer Singh made endorsement Ex.PW-5/B on the DD itself and sent the rukka through PW-23 Ct. Sandeep for registration of the FIR. In the meanwhile, PW-26 Insp. Avinish Tyagi (ATO at PS Shahbad Dairy), also reached there and on the directions of SHO, further investigation was assigned to PW-26. Thereafter, PW-12 ASI Ram Kumar, Incharge Mobile Crime Team along with PW-13 Ct. Anil (photographer) reached the spot, where blood was found lying and on the main road, a pair of hawai chappal was also found. Scene of crime was inspected and photographed vide photographs Ex.PW-13/A1 to A11. (negatives Ex.PW-13/B1 to B11) by the Crime team vide Report Ex.PW-12/A. An application Ex.PW-5/C for preservation of the dead body in the Mortuary of BSA Hospital was moved and PW-12 Ct. Nagraj was deputed for taking care of the dead body. From the search of the dead body, one black and brown colour purse, Rs. 300, some visiting cards and one black colour mobile phone make Micromax, were recovered, which were handed over by PW-5 to PW-26 Ins. Avinish Tyagi, who seized the same vide seizure memo Ex.PW-5/D. A pair of chappals of the deceased was also seized vide seizure memo Ex.PW-5/E.

2.1. On 10.01.2016, statement of eye-witness/PW-17 Tej Bahadur @ Gokul was recorded by PW-26 Ins. Avinish Tyagi, wherein PW-17 stated that on the intervening night of 9th and 10th January 2016, at around 10 pm, he was passing through the shochalaya of B Block and at the time of entering in the gali, he noticed Vinod (since deceased) and Aarif (appellant/accused), who were well-known to him, quarreling on the issue of keeping the katta (country-made pistol) found by them. Suddenly, Aarif took out the katta from the righ