Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1662

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Chander Bhan Through Parokar Mamta Solanki – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
Crl.A. 164 of 2019
Decided On : 11-04-2023

Advocates appeared:
Mr. Vivek Sood. Senior Advocate with Mr. Chetan Anand, Advocate, for the Appellant.
Mr. Prithu Garg, APP, for the State.

The consistent and credible testimony of eye-witnesses, coupled with forensic and circumstantial evidence, can establish guilt beyond reasonable doubt.

Headnote:
MURDER - LAND DISPUTE - Indian Penal Code, 1860, Section 302; Arms Act, 1959, Section 30
Fact of the Case:

The appellant was convicted for the murder of one Pawan with his licensed gun during a land dispute. The deceased and his father, along with a relative, visited the appellant's house to settle the dispute. The appellant and other accused persons shouted threats and the appellant fired a shot, hitting the deceased. The deceased was taken to the hospital but succumbed to the injuries after five days.
Finding of the Court:

The court found the evidence of the eye-witnesses consistent and reliable, establishing the guilt of the appellant. The court rejected the appellant's defense and upheld the conviction for murder under Section 302 IPC, dismissing the appeal.
Issues: Dispute over ancestral property, credibility of witnesses, presence of motive, and intention to cause death.
Ratio Decidendi: The court relied on the consistent testimony of the eye-witnesses, the recovery of the firearm, and the forensic evidence to establish the guilt of the appellant for murder under Section 302 IPC.
Final Decision: The appeal was dismissed, and the conviction for murder under Section 302 IPC was upheld.

JUDGMENT

Mukta Gupta, J. By this appeal, the appellant challenges the judgment of learned Trial Court dated 17th December, 2018 whereby the appellant was convicted for murder of one Pawan (deceased) with his licensed gun and also the order on sentence dated 20th December, 2018 whereby the appellant was directed to undergo imprisonment for life alongwith fine of Rs.10,000/- in default whereof, simple imprisonment for six months for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC") and was also directed to undergo simple imprisonment for six months for offence punishable under Section 30 of the Arms Act, 1959 ("Arms Act"). The other accused persons namely Amit, Dev Karan, Saroj, Suresh and Om Prakash were acquitted in the said case.

2. As per the prosecution there was a dispute between Bhagat Singh (complainant) who was the father of the deceased on one hand and the appellant and one Om Prakash on the other hand, over an ancestral property in village Baprola. For the purpose of settling the dispute, on 25th September, 2013, the complainant/father alongwith his son/deceased and one relative Naveen went to the house of the appellant and on seeing them the appellant and other accused persons Om Prakash, Ms. Suresh wife of Om Prakash, Saroj wife of Chander Bhan, Amit and Dev Karan both sons of Om Prakash, who were present on the terrace started shouting "saro ko goli mar do". Thereafter, the appellant pointed his pistol and fired which hit the complainant's son/deceased. Thereafter, the complainant and Naveen took the deceased to Medanta Hospital in their vehicle and complainant made a call to the police at number 100, which was recorded vide DD No.53A which was marked to SI Ranbir Kumar (PW-21). SI Ranbir Kumar reached the spot i.e. outside H.No.201 at Village Baprola where he got to know about the firing incident after which he went to the hospital. He recorded the rukka (Ex. PW-2/A) on the statement of the complainant and got FIR No.336 of 2013 dated 26th September, 2013 under Sections 307/34 IPC and 27 Arms Act at P.S. Ranhola registered. Thereafter, search was made for accused persons and the appellant was found at H.No. 210 and was arrested vide arrest memo Ex.PW-8/E. Crime team was called at the spot, which inspected the scene of crime and prepared its report (Ex.PW-5/A). On 30th September, 2013, information of death of the deceased was received from the hospital after which the body was got shifted to Sanjay Gandhi Hospital and was sent for postmortem examination.

3. The postmortem on the body of the deceased was conducted on 30th September, 2013 by Dr. Manoj Dhingra and his report (Ex. PW-14/A) opined:

"1. Stitched craniotomy wound 32 cm long seen over left fronto-parieto-termoral scalp area.

2. Stitched laceration (?pellet entry wound) seen over right frontal scalp area, lying 8.5cm vertically above mid point of eyebrow. Underlying frontal bone was fractured.

3. Multiple healing pellets entry wounds (as per MLC) measuring 0.8 x 0.6 cm seen over left frontal forehead scalp area, right & left infraorbital area, left cheek, both sides of neck & over right supraclavicular area.

4. Black eye seen on left side of both eyelids.

5. Stitched laceration 3cm long seen over mid part of left pinna.

6. Surgical drainage wound 1x1 cavity deep in right 4th intercostals space along anterior axillary line.

Opinion: Death was due to shock as a result of damage for head & chest structures under injury no.1, 2 & 3."

4. Further investigation in the case was handed over to Insp. Manoj Kumar (PW-20) on 1st October, 2013. Accused persons Amit Kumar and Dev Karan surrendered before the court on 12th November, 2013 and were formally arrested by Insp. Manoj Kumar vide arrest memos Ex.PW-20/A & Ex.PW-20/B respectively. On 19th December, 2013, Saroj and Suresh had also surrendered before the court who were arrested vide arrest memos Ex.PW-19/A and Ex.PW-19/B respectively. After completion of investigation, charge sheet was filed ag