Back
2023 Supreme(Del) 2208
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Anish Dayal, JJ.
Sunday Chinaka Uchem – Appellant
Versus
State NCT of Delhi – Respondent
Cr.A. 318 of 2022, 212 of 2022, 214 of 2022 & 372 of 2022
Decided On : 28-03-2023
Mr. Dinesh Malik (DHCLSC), Mr. Akash Saini & Mr. Puneet Jain, Advocates, for the Appellant in CRL.A. 318/2022.
Mr. Kanhaiya Singhal, Ms. Priyal Garg, Mr. Prasanna, Mr. Chetan Bhardwaj, Mr. Udit Bakshi & Mr. Ajay Kumar, Advocates, for the Appellant in CRL.A. 212/2022 and CRL.A. 214/2022.
Mr. Madhav Khurana (DHCLSC) with Mr. Kartikeya Dang & Mr. Samarth K. Luthra, Advocates, for the Appellant in CRL.A. 372/2022.
Mr. Mukesh Kumar, APP for the State.
Circumstantial evidence, including CCTV footage and call detail records, can establish guilt beyond reasonable doubt.
Headnote:
Criminal Conspiracy - Murder and Robbery - Sections 302/34 IPC, Section 392/34 IPC, Section 14 of the Foreigners Act - [SUMMARY]
Fact of the Case:
The appellants, Nigerian nationals, were accused of murdering and robbing the deceased in his office. The incident was captured on CCTV, showing the appellants entering the office, committing the crime, and destroying the CCTV camera. The deceased was found dead with injuries consistent with ligature strangulation and blunt impact on the head.
Finding of the Court:
The court found the appellants guilty based on circumstantial evidence, including the CCTV footage, call detail records, and witness testimonies. The court dismissed the appeals and upheld the conviction and sentencing by the trial court.
Issues: The main issues revolved around the authenticity of the CCTV footage, witness identification, and discrepancies in testimonies.
Ratio Decidendi: The court relied on the CCTV footage, call detail records, and circumstantial evidence to establish the guilt of the appellants beyond reasonable doubt.
Final Decision: The appeals were dismissed, and the judgment of conviction and sentencing by the trial court was upheld.
JUDGMENT
Anish Dayal, J.
1. These appeals have been preferred by four appellants viz. Sunday Chinaka Uchem (hereinafter referred to as "Chinaka"), Eziefula Samuel Uchemgbu (hereinafter referred to as "Samuel"), Keeneth Chidi Onyeaghala (hereinafter referred to as "Keeneth") and Bayem Victor (hereinafter referred to as "Victor").
2. By these appeals, the appellants assail the impugned judgment and order dated 30th March, 2022 convicting the appellants for offences punishable under Sections 302/34 IPC, Section 392/34 IPC and appellants Victor, Samuel and Emenike Decland Nwaegbe (hereinafter referred to as "Emenike") for offences punishable under Section 14 of the Foreigners Act; and order on sentence dated 21st April, 2022 awarding the following sentences:
i) The appellants were all sentenced to undergo imprisonment for life with fine of Rs.10,000/- each and simple imprisonment for a period of 3 months each in default of payment of fine.
ii) The appellants were sentenced to undergo imprisonment for 3 years for offences punishable under Section 392/34 IPC and fine of Rs.5000/- each, simple imprisonment for a period of 1 month in default of payment of fine;
iii) The appellant Victor, Samuel and Emenike were sentenced with an imprisonment of 1 year and fine of Rs.5000/- each, with simple imprisonment for a period of 1 month in default of payment of fine for offences punishable under Section 14 of the Foreigners Act.
iv) All sentences were to run concurrently with each other.
The Incident and the Investigation
3. As per the case of the prosecution, the appellants along with Emenike, who are Nigerian nationals, were accused of murdering Gurcharan Singh Sawhney after committing robbery in his office in pursuance of a conspiracy between them. The estimated time of robbery and murder was around 12.45 PM on 31st August, 2011. Information of the incident was received through PCR calls recorded as DD No. 24A, 25A and 26A out of which 26A was most specific about the death of the deceased. The police team including the IO went to the spot and came to know that the victim was taken by the PCR Van to Deen Dayal Hospital. No eye-witness was located there and they came to know that the victim was brought dead to the hospital. The statement of Deepak who was an employee of the deceased was recorded. The police team reached the spot where the crime team was already there, inspected the place, took photographs and the IO found that 2 CCTV cameras in the shop were broken. There was a black colour bag with Rs.2 lakhs in it, while Rs.1.34 lakhs and 2 gold coins were there on a shelf in the cabin of the deceased. Other articles of the deceased were seized by the IO as well as paper cutters and scissors were secured.
4. FIR was registered on the complaint of Deepak (Ex.PW-2/A) who stated that he was working with the deceased for the last 5/6 years. The deceased ran a shop in the name of Sawhney International Western Union Money Transfer and dealt in foreign exchange, ticketing, courier and other trades. The deceased had another shop near Nawada Metro Station which was taken care of by an employee Pooja. The day of the incident was Wednesday and it was a weekly off for Deepak who came to the shop only around 9.30 AM to clean it. After having cleaned it, the other employee Sonia Arora reached the shop and around 10.30 AM when the deceased reached the shop, Deepak went away leaving Sonia and the deceased in the shop. At about 1.30 PM he received a call from Pooja from the second shop at Nawada that Sonia was with her and a person Satish, who had gone to the shop to change the printer cartridge, saw that Gurcharan Singh was lying on the floor of his cabin. Deepak immediately reached there and saw that CCTV cameras outside the cabin were broken and the deceased was lying on the floor with blood dripping from his mouth. He went to the adjacent shop owner Akash to inform him, who came to the shop and called the police and the ambulance.
5. Pooja and Sonia who a
