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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Arun Chauhan – Appellant
Versus
State – Respondent
Cr.A. 860 of 2019
Decided On : 06-02-2023
MURDER - SUSPICION OF ILLEGAL RELATIONSHIP - IPC 302 - [IPC 302] - The court discussed the chain of circumstances, last seen theory, recovery of the weapon, and blood evidence to establish the guilt of the appellant for the murder of the deceased. The court also highlighted the absence of motive and the appellant's previous conviction for the murder of his wife.
Fact of the Case:
The appellant was convicted for the murder of a tuition teacher suspected to be in a relationship with his wife. The deceased was found dead with multiple stab wounds. The appellant challenged the conviction on the grounds of weak circumstantial evidence and lack of motive.
Finding of the Court:
The court found that the chain of circumstances, last seen theory, recovery of the weapon, and blood evidence established the guilt of the appellant. The absence of motive was countered by the sequence of events leading to the murder.
Issues: Weak circumstantial evidence, absence of motive, and lack of witness for the recovery proceedings.
Ratio Decidendi: The court relied on the last seen theory, recovery of the weapon, and blood evidence to establish the guilt of the appellant. The absence of motive was countered by the sequence of events leading to the murder.
Final Decision: The appeal was dismissed, and the court upheld the conviction and order on sentence for the murder of the deceased.
JUDGMENT
Mukta Gupta, J. By way of this appeal, the appellant challenges the judgment of Trial Court dated 06th April, 2019 convicting the appellant for murder of one Akash ("deceased") by stabbing him with knife; and also the order on sentence dated 15th April, 2019, whereby, the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.5,000/- in default whereof, simple imprisonment for six months for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").
2. In nutshell facts of the case are that the deceased was the tuition teacher of appellant's son and during the Diwali days in the year 2014, the appellant suspected his wife to be in a relationship with the deceased, whereafter on 15th November, 2014, the appellant took the deceased to the area between Kadampuri Sewage and Cemetery, beneath an under-construction metro line at Kadampuri and inflicted multiple stabs resulting in his death.
3. Investigation was set into motion on receipt of information by SI Mahavir Prasad (PW-10) that a dead body was lying near Kabristan, Kadampuri, near drain, which was forwarded to the control room, on which DD No. 10A was recorded by W/HC Poonam (PW-7) and was assigned to SI Dinesh (PW-18). On reaching the spot, SI Dinesh (PW-18) found a dead body of a male at the Kabristan gate under the metro railway line. In the meanwhile, Anil (PW-5) who was the maternal uncle of the deceased, reached the spot and disclosed the name of the deceased as Akash. SI Dinesh made an endorsement on the DD No. 10A and prepared the rukka (Ex.PW-18/A) pursuant to which, FIR No. 922/2014 dated 15th November, 2014 under Section 302 IPC was registered at PS Jyoti Nagar (Ex.PW-7/B) and investigation was handed over to Insp. Ramesh Kalsan (PW-22). The body was identified by Anil (Ex.PW-5/A) and Vishal (Ex.PW-3/A), and after the post mortem examination at GTB Hospital, the body was handed over to them.
4. Dr. Vishwajeet Singh conducted the post mortem examination on the body of the deceased on 16th April, 2014 and tendered his report (Ex.A-1) noting the following injuries:
1. Incised stab wound of size 3.4 x 0.2 cm x 9 cm is present obliquely over left side of neck, lower medial end is 2.5 cm from midline and upper lateral end is just above left angle of mandible. Wound is directed upwards, backwards and towards right and goes deep cutting underlying soft tissues, muscles, sub mandibular gland on left side, vessels and nerves, margins are clean cut, upper lateral angle acute and lower medial angle is blunt.
2. Incised wound of size 1.8 x 0.2 cm x 0.5 cm is present obliquely, just above injury No.(1), margins are clean cut.
3. Incised stab wound of size 1.8 cm x 0.2 cm x 2.2 cm is present obliquely over left side of neck, lower medial angle is 4.5 cm from midline and upper lateral angle is 4 cm below angle of mandible. Wound is directed upwards, backwards and towards right cutting underlying soft tissues and muscles. Upper lateral angle is acute and lower medial angle is blunt. Margins are clean cut.
4. Incised stab wound of size 3.4 x 0.2 x 6 cm is present obliquely over left side of chest, 1.2 cm from midline in the plane of sternal notch. Wound is directed upwards, backwards and towards right and goes deep cutting underlying soft tissues, muscles, nerves, blood vessels. Upper medial end is blunt and lower lateral angle acute.
5. Incised stab wound of size 2.4 x 0.2 x 8.5 cm is present over left side chest obliquely, lower medial end is 6.5 cm from midline and upper lateral end is 7 cm below clavicle. Wound is directed upwards, backwards, towards right and goes deep cutting underlying soft tissues, muscles, 2nd intercostals space upper lobe of left lung through and through and apex of right lung. Upper lateral angle is blunt and lower medial angle is acute.
6. Incised stab wound of size 2.4 x 0.2 x 3 cm is present vertically over left lateral chest, 16 cm from midline and 16 cm below shoulder top. Wound is directed towa
The chain of circumstances, last seen theory, and recovery of the weapon and blood evidence can establish guilt in a murder case even in the absence of a clear motive.
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 ....
The main legal point established in the judgment is the requirement for the prosecution to prove guilt beyond reasonable doubt, emphasizing the importance of credible eyewitness testimony and conclus....
The absence of a satisfactory explanation from the accused can indicate guilt.
The judgment establishes the importance of circumstantial evidence, burden of proof, and absence of motive in cases of murder.
The admissibility of the appellant's conduct and confession under Sections 8 and 27 of the Evidence Act, and the conclusive nature of DNA evidence in establishing guilt.
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