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2023 Supreme(Del) 1666
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Surender Kumar Mathur – Appellant
Versus
State of NCT of Delhi – Respondent
Crl.A. 527 of 2019
Decided On : 10-04-2023
Mr.Kanhaiya Singhal, Mr. Prasanna, Mr.Udit Bakshi, Mr.Jasmeet Singh, Mr.Ajay Kumar and Mr.Ujwal Gahi, Advocates, for the Appellant.
Mr.Laksh Khanna, APP, for the State.
The prosecution must establish the guilt of the accused beyond reasonable doubt, and the evidence must be conclusive.
Headnote:
MURDER - Indian Penal Code, 1860 (IPC) Section 302, Section 201 - Arms Act, 1959 Section 27
Fact of the Case:
The appellant challenges the judgment convicting him for the murder of the deceased. The deceased's body was found with bullet injuries, and the appellant was directed to undergo rigorous imprisonment. The case was remanded back to the Trial Court for further proceedings.
Finding of the Court:
The prosecution failed to establish the appellant's guilt beyond reasonable doubt. The evidence regarding the appellant's possession of the alleged weapon and the motive for the crime was not conclusive. The judgment of conviction and order on sentence were set aside, and the appellant was directed to be released.
Issues: The main issues were the appellant's possession of the alleged weapon, the time of death, and the motive for the crime.
Ratio Decidendi: The prosecution must prove the guilt of the accused beyond reasonable doubt. In this case, the evidence regarding the appellant's possession of the alleged weapon and the motive for the crime was not conclusive.
Final Decision: The impugned judgment of conviction and order on sentence were set aside, and the appellant was directed to be released.
JUDGMENT
Mukta Gupta, J. By way of this appeal, the appellant challenges the judgment dated 5th March, 2019 passed by the learned Trial Court ("impugned judgment") convicting the appellant for murder of one Jai Kumar ("deceased"); and also the order on sentence dated 15th March, 2019 ("impugned order on sentence") whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.30,000/- in default whereof simple imprisonment for one year for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC"); was also directed to undergo rigorous imprisonment for three years along with fine of Rs.3,000/- in default whereof simple imprisonment for one month for offence punishable under Section 201 IPC; and was also directed to undergo rigorous imprisonment for three years along with fine of Rs.5,000/- in default whereof simple imprisonment for one month for offence punishable under Section 27 of the Arms Act, 1959.
2. A brief background to the filing of the present appeal is that in FIR No.48/2009 wherein a charge-sheet was filed against the appellant, learned Trial Court passed a judgment dated 18th January, 2014 convicting the appellant for murder of the deceased. The said judgment was challenged vide Crl.A. 268/2014, wherein a Co-ordinate Bench of this Court set aside the judgment dated 18th January, 2014 for the reason that the learned Presiding Officer/ASJ had shown undue haste in conducting the Trial and fair opportunity of effectively cross-examining the witnesses was not given to the appellant and accordingly, the judgment dated 18th January, 2014 was set aside and the matter was remanded back to the Trial Court with the following directions vide the judgment of this Court dated 19th August, 2014:
"14. We, therefore, set aside the impugned judgement of conviction and order on sentence and remand the matter back to the learned Trial Court for recalling PW-2 HC Pramod, PW-3 HC Surender Singh, PW-4 HC Surender Singh, PW-5 Ct. Sunil Kumar, PW-6 Ct. Mandeep, PW-7 Ct. Ajay, PW-8 Ct. Hari Om, PW-9 Ct. Kuldeep, PW-14 Ct. Anil, PW-15 Ct. Sandeep, PW16 HC Ranbir, PW-17 Ct. Pawan, PW-18 Hari Ram, PW-19 HC Nand Kishor, PW-20 Bhupender Singh, PW-24 Inspector Mahesh Kumar, PW-25 Puneet Puri, PW-26 Kapoor Singh, PW-27 SI Sandeep Tushir, PW-28 Dr. Manoj Dhingra, PW-29 Inspector Puran Pant, PW-30 SI Jai Prakash, PW-31 Inspector Sunil Kumar Sharma and PW-32 Inspector Rajesh Kumar and permit the accused to cross-examine them. The court would then follow the procedure prescribed by recording additional statement of accused under Section 313 Cr.P.C. if need be and permit the accused to lead defence evidence if any. The appellant would also be at liberty to file an application for bail before the learned Trial Court which would be disposed of in accordance with law.
3. Thereafter, again an interim application was filed on behalf of the appellant vide Crl. M.A. 16592/2014 in Crl. A.268/2014, and this Court vide its order dated 29th October, 2014 directed that the matter be transferred to some other Court and the Trial shall recommence in terms of its judgment dated 19th August, 2014 with the following directions:
"1. Having perused the application as also the various orders passed by the learned Trial Judge on October 15, 2014 and the order passed on October 16, 2014, we dispose of the application directing that Sessions Case No.109/2013 concerning FIR No.48/2009 PS Begumpur for offences under Section 302/201 IPC and Section 27 Arms Act be transferred by the learned District and Sessions Judge (North-West Distt.) to some other Court.
2. We set aside the order dated October 16, 2014.
3. We direct that trial shall re-commence in terms of the order dated August 19, 2014. Witnesses referred to in paragraph 14 of the order dated August 19, 2014 would be re-summoned by the Court to which the matter is transferred and they shall be permitted to be cross-examined by the accused.
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Thereafter, the learn
