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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Anish Dayal, JJ.
Deepak @ Chowda – Appellant
Versus
State of NCT of Delhi – Respondent
Cr.A. 553 of 2020, Cr.A. 489 of 2020, Cr.A. 643 of 2020 Cr.A. 647 of 2020 & Cr.A. 649 of 2020
Decided On : 03-03-2023
Conspiracy - Murder - Sections 302 IPC, 120-B IPC - Summary of Acts and Sections: The court discussed the evidence presented in the case and found the appellants guilty of conspiring to murder the deceased under Sections 302 IPC and 120-B IPC. The court relied on the testimonies of eye witnesses, recoveries of personal belongings of the deceased at the instance of the appellants, and the refusal of the appellants to undergo judicial TIP. The court also noted the absence of motive for the crime, but held that it did not dent the case of the prosecution. The court emphasized that the recovery of the weapon used is not a sine qua non to convict the accused when there is direct evidence in the form of eye witnesses.
Fact of the Case:
The prosecution's case was that on 29th September, 2007, the deceased was shot and killed by the appellants. The prosecution presented evidence including the testimonies of eye witnesses, recoveries of personal belongings of the deceased at the instance of the appellants, and the refusal of the appellants to undergo judicial TIP. The appellants challenged the reliability of the eye witnesses and the absence of motive for the crime.
Finding of the Court:
The court found the appellants guilty of conspiring to murder the deceased based on the reliable testimonies of the eye witnesses, corroborative evidence from other witnesses, and recoveries of personal belongings of the deceased at the instance of the appellants. The court held that the absence of motive for the crime did not dent the case of the prosecution.
Issues: The issues raised by the appellants included the reliability of the eye witnesses, the absence of motive for the crime, and the failure to establish the recovery of the weapon used in the crime.
Ratio Decidendi: The court emphasized that the recovery of the weapon used is not a sine qua non to convict the accused when there is direct evidence in the form of eye witnesses. The court also held that the absence of motive for the crime did not dent the case of the prosecution.
Final Decision: The court found no infirmity in the impugned judgment of conviction and order on sentence and accordingly dismissed the appeals.
JUDGMENT
Mukta Gupta, J. By the present appeals, the five appellants challenge the common impugned judgment dated 22nd June, 2020 whereby, six out of ten accused who faced trial were convicted for conspiring to murder one Vijay Yadav (`deceased.) for offences punishable under Sections 302 IPC and 120-B IPC and the order on sentence dated 22nd September, 2020 whereby they were awarded imprisonment for life along with fine. The sixth convict Bhisham @ Chintoo has not preferred any appeal against his conviction. No leave to appeal petition has been filed by the State against the acquitted accused.
2. In a nutshell, case of the prosecution is that on 29th September, 2007, a PCR call was received at PS Hauz Qazi regarding a man being shot at Gali Arya Samaj, Sita Ram Bazaar, on which, DD No. 15-A was recorded. The other call received regarding the incident was recorded vide DD No. 16A. Both these informations were marked to SI Mahmood Ali and he alongwith SHO Insp. Anil Sharma and other police personnel reached the spot and found blood on the ground in front of H.No. 2745. An empty shell of 9 mm cartridge was also found near the scene of crime. On enquiry, it was found that at around 7.30-7.45 pm, victim Vijay Yadav @ Vijji was surrounded by five-six persons, two of whom were having firearms in their hands and who thereafter shot the deceased. The deceased fell on the ground in a pool of blood and was taken to LNJP Hospital, where the deceased was declared "brought dead". No witness was found at the spot and after making endorsement to that effect, FIR No. 356/2007, under section 302 IPC was registered at PS Hauz Qazi. Photographer and crime team were called and the body was sent for post mortem examination. The dead body was identified by the father and brother of the deceased.
3. Dr. Ankita Dey (PW-8), SR, Deptt. of Forensic Examination, MAMC conducted the post mortem examination on the body of the deceased Vijay Yadav, on 30th September, 2007 at 11 am and tendered her report vide Ex.PW-8/A. As per the report, following injuries were found:
IX. EXTERNAL EXAMINATION (injuries etc.)
(1) Firearm entry wound (1.5 x 1) cm with blackening tattooing (3x2) cm, with inverted margin and abrasion collar prorest on right margin and side temple 3 cm from right eyebrow.
(2) Firearm entry wound (1 x 0.6) cm chest blackening, following (2 x 1) cm with inverted margin and abrasion collar present over right side of neck 4.5 cm below right ear.
(3) Firearm entry wound (1 x 0.5) cm with blackening tattooing (2 x 2) cm, with inverted margin and abrasion collar present over right side of neck 3 cm below injury no. (2).
(4) Firearm exit wound (2 x 1) cm with inverted margin, present over right side of neck 2 cm below injury no. (3)
(5) Firearm entry wound (1.5 x 1) cm with inverted margin and abrasion collar present over back of right side of chest, 5 cm below tip of shoulder.
(6) Firearm entry wound (1.2 x 1) cm with inverted margin and abrasion collar present over back of right side of abdomen 3 cm from midline and 4.5 cm from posterior superior iliac spine.
(7) Firearm exit wound with inverted margin (2 x 1.5) cm present over front of left side of abdomen 4 cm above anterior superior iliac spine, 5 cm from midline.
Track of Injury
(1) The projectile entered through injury no. (1), pierced the right sided scalp layer hit the skull bone and following the outer table of skull and fracturing it and travelled through both frontal lobes of cerebral hemisphere, passed from right to left side of skull, upward and forward, pierced the opposite side of skull bone, beveling the inner table and fracturing it and lodged under the scalp of left frontal region.
(2) The projectile entered through injury no.(2) pierced the right side neck, travelled from right to left side of neck, piercing the subcutaneous tissue, muscles, blood vessels, travelled through the opposite side muscle and subcutaneous tissue and lodged on left side of neck.
(3) The projectile entered through injur
Conviction based on sole testimonies of witnesses requires corroboration and lack of corroborative evidence weakens the prosecution's case.
The court upheld the conviction for murder but commuted the death sentence to life imprisonment, emphasizing the need for extreme caution in imposing capital punishment.
The court emphasized the unreliability of eyewitness testimony from related witnesses, especially when recorded after significant delays, leading to the acquittal of the accused.
The court held that the appellant's act of killing the deceased by slashing his neck with a knife fell squarely under Section 300 of the IPC and not under Section 304. This is because Section 300 dea....
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
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