Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Ravinder Solanki – Appellant
Versus
State – Respondent
Crl.A. 233 of 2019 and Crl.A. 100 of 2019
Decided On : 10-01-2023
MURDER - Indian Penal Code, 1860 (IPC) - Section 302/34 - Summary of the acts and sections referenced and discussed by the court: The court discussed the recovery of the murder weapon, contradictions in witness testimonies, motive for the offence, and the burden of proof in cases based on circumstantial evidence. The court also highlighted the principles of circumstantial evidence and the burden of proof on the accused.
Fact of the Case:
On 19th February, 2013, a PCR call reported a drunkard cutting the head of his son. The deceased's body was found with multiple injuries. The appellants were charged with murder under Section 302 IPC. The prosecution presented evidence from 24 witnesses, while the defense presented six witnesses. The appellants challenged the prosecution's case, citing inconsistencies in witness testimonies and lack of conclusive evidence linking them to the crime.
Finding of the Court:
The court found that the recovery of the murder weapon, the absence of blood on the ground floor, and the conduct of the appellants pointed to their guilt. The court also noted that the appellants failed to provide a plausible explanation for the crime, as required under Section 106 of the Indian Evidence Act. The court upheld the impugned judgment and dismissed the appeals.
Issues: The issues included the recovery of the murder weapon, contradictions in witness testimonies, the motive for the offence, and the burden of proof in cases based on circumstantial evidence.
Ratio Decidendi: The court emphasized the importance of circumstantial evidence in cases where the offence takes place inside a home, and the burden of proof on the accused to provide a plausible explanation. The court also highlighted the significance of inconsistencies in witness testimonies and the burden of proof under Section 106 of the Indian Evidence Act.
Final Decision: The appeals were dismissed, and the impugned judgment was upheld. The court found the appellants guilty of murder under Section 302 IPC.
JUDGMENT
Mukta Gupta, J. By these appeals, the appellants are challenging the common impugned judgment dated 29th September, 2018, whereby the appellants Ravinder Solanki and Suman were held guilty for murder of one Shaurya @ Prince ("deceased") son of Yogendra Solanki; and also the order on sentence dated 1st October, 2018, whereby both the appellants were directed to undergo rigorous imprisonment for life along with a fine of Rs.10,000/- each, in default whereof simple imprisonment for three months for offence punishable under Section 302/34 of the Indian Penal Code, 1860 (IPC).
2. In nutshell, brief facts of the case are that on 19th February, 2013 a PCR call was received at 7.16.34 AM (DD No.7A) that a drunkard had cut head of his son and ran away. ASI Chajju Lal (PW-24) reached the spot and went to the first floor of House No.83, Gali No.7, Ashok Mohalla, Jafrabad where he found blood in the stairs. On the first floor of the said house, dead body of a child was found lying. Rukka was prepared, on the basis of which FIR No.41/2013 dated 19th February, 2013 at PS Jafrabad was registered under Section 302 IPC. Crime team was called at the spot, photographs were also taken and thereafter, the body of the deceased was sent to mortuary for post-mortem.
3. Dr.Neha Gupta (PW-6) of GTB Hospital conducted the post-mortem on the body of the deceased, tendered her report Ex.PW-6/A and opined:
"General Examination:
Dead body of a male child, average built, wrapped in pink and white cotton bed sheet wearing blue upper thermal and blue jeans. Eyes and mouth partially opened. Postmortem staining present at the back and fixed. Rigor-mortis present well developed stage all over the body. Cornea opaque. Greenish discoloration present over right iliac fossa.
External Ante-mortem Injuries:
1. Lacerated looking incised cut throat wound of size 10.7 x 0.2 X 1.5 cms present over front of neck horizontally. In the mid line, wound is 6.5 cms below chin. On the left side wound is 4.5 cms below left angle of mandible and on the right side the wound is 5.5 cms below right angle of mandible. The right end of the wound show staling. The wound extends for 5 cms on right side and 5.7 cms on left side. The wound goes cutting the skin, subcutaneous tissues, muscles of the neck, left internal jugular vein, trachea through and through and esophagus cut on the left lateral aspect. Extravasation of blood present throughout the wound.
2. Lacerated looking incised cut throat wound of size 10.3 x 0.2 cms X 0.7 cms present over lower front of neck horizontally, 2.7 cms above supra sternal notch and 0.8 cms below injury No. 1. On right side the wound extends for a distance of 7 cms and on left side the wound extends for a distance of 3.3 cms. The tailing is present on right side which also shows skin tags. The wound goes cutting the skin, sub cutaneous issue and muscles of the neck, no major vessel cut, extravasation of blood present throughout the wound.
3. Reddish scratch abrasion 3x0.1 cms present over left side chest, horizontally present, medial end present just over mid line and 6 cms below supra sternal notch.
4. Superficial incised wound 1.8 x 0.2 x 0.1 cms present obliquely over left side chest with lower medial end 2.5 cms from mid line and 8 cms below clavicle with under lying extravasation of blood in inter costal muscles.
5. Superficial incised wound 1x0.2 x 0.1 cms present over left side chest vertically, 4.8 cms from mid line and 8.5 cms below clavicle with underlying extravasation of blood in inter costal muscles.
6. Superficial incised wound 0.5 x 0.2 x 0.1 cms present obliquely on left side chest 5.5 cms from mid line and 10.5 cms below clavicle.
Internal Examination:
Scalp and skull NAD.
Brain: 1372 gms, pale.
Neck: As mentioned in injury No. 1 & 2.
Ribcage: NAD.
Lungs: Right is 138 grams, left is 113 gms, both pale,
Heart: 87 gms NAD
Stomach: contains about 100 ml of reddish fluid.
Intestines: distended due to gases and fluid.
Liver: 578 gms pale
Spleen: 58 gms pa
The judgment underscores the necessity for a complete and unbroken chain of circumstantial evidence to secure a conviction in criminal cases.
The statement of the victim under Section 164 of the Code of Criminal Procedure cannot be used as a substantive piece of evidence. The appellant's conduct after the incident is deemed unnatural. The ....
(1) Conviction – Suspicion, however strong it may be, cannot take place of proof beyond reasonable doubt – There is not only a grammatical but a legal distinction between ‘may be proved’ and ‘must be....
The main legal point established in the judgment is the requirement for complete and conclusive circumstantial evidence to convict an accused, as well as the need for the circumstances to lead to onl....
The main legal point established in the judgment is that the chain of events pointing exclusively to the guilt of the accused-appellant was not established based on circumstantial evidence.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
