Yogesh Bansal Alias Kake vs State Govt of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4467

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Yogesh Bansal Alias Kake – Appellant
Versus
The State Govt of NCT of Delhi – Respondent
Cr.A. 379 of 2018
Decided On : 16-05-2023

Advocates appeared:
Mr. Rajesh Mahajan, Advocate (Amicus Curiae, DHCLSC) with Mr. Ranjeeb Kamal Bora, Advocates, for the Appellant.
Ms. Shubhi Gupta, APP, for the State.

Headnote:
CRIMINAL - APPEAL - MURDER - SECTION 302 IPC - SECTION 25 & 27 ARMS ACT - CONVICTION - EVIDENCE ACT - SECTION 114 ILLUSTRATION (G) - SUGGESTIONS PUT TO PW-10 BY THE APPELLANT'S COUNSEL AND PW-10'S REPLY TO SUCH SUGGESTIONS WOULD FORM PART OF THE EVIDENCE, WHICH CAN BE RELIED UPON BY THIS COURT ALONG WITH OTHER EVIDENCE TO DETERMINE THE GUILT OF THE APPELLANT/ACCUSED.
Fact of the Case:

The appellant was convicted for the offence punishable under Sections 302/307 IPC, as well as under Sections 25 & 27 of Arms Act, in Sessions Case No. 52139/2016, in FIR no. 499/2013, Police Station Vijay Vihar; and order on sentence dated 22.02.2018, whereby the appellant was sentenced to rigorous imprisonment for life under Section 302 IPC, and fine of Rs. 5,000/-, in default to further undergo simple imprisonment for a period of six months; rigorous imprisonment for a period of seven years under Section 307 IPC, and fine of Rs. 5,000/-, in default to further undergo Simple Imprisonment for a period of six months; rigorous imprisonment for a period of three years under Section 25 Arms Act, and fine of Rs. 2,000/-, in default to further undergo Simple Imprisonment for a period of three months; rigorous imprisonment for a period of three years under Section 27 Arms Act and fine of Rs. 2,000/-, in default to further undergo Simple Imprisonment for a period of three months, which shall run concurrently.
Finding of the Court:

The court found that the prosecution had been able to prove beyond reasonable doubt that the appellant had fired two gun-shots at the deceased, causing his death. The court also found that there was no enmity between the deceased and the appellant, and that the appellant had failed to demonstrate any illegality in the judgment and order on sentence.
Issues: 1. Whether the prosecution had been able to prove beyond reasonable doubt that the appellant had fired two gun-shots at the deceased, causing his death? 2. Whether there was any enmity between the deceased and the appellant? 3. Whether the appellant had demonstrated any illegality in the judgment and order on sentence?
Ratio Decidendi: 1. The court held that the prosecution had been able to prove beyond reasonable doubt that the appellant had fired two gun-shots at the deceased, causing his death. The court relied on the testimony of an eye witness, who had seen the appellant fire the shots, as well as on the medical evidence, which showed that the deceased had died from gunshot wounds. 2. The court found that there was no enmity between the deceased and the appellant. The court noted that the appellant had failed to produce any evidence to support his claim that he had a motive to kill the deceased. 3. The court found that the appellant had failed to demonstrate any illegality in the judgment and order on sentence.
Final Decision: The court dismissed the appeal.

Poonam A. Bamba, J.

1.0. Vide this appeal, the appellant is assailing the judgment dated 22.02.2018 (`impugned judgment' in short) passed by Ld. ASJ-04, North- West District, Rohini Courts, Delhi, whereby the appellant was convicted for the offence punishable under Sections 302/307 Indian Penal Code, 1860 (`IPC' in short) as well as under Sections 25 & 27 of Arms Act, in Sessions Case No. 52139/2016, in FIR no. 499/2013, Police Station Vijay Vihar; and order on sentence dated 22.02.2018, whereby the appellant was sentenced to:

(a) rigorous imprisonment for life under Section 302 IPC, and fine of Rs. 5,000/-, in default to further undergo simple imprisonment for a period of six months;

(b) rigorous imprisonment for a period of seven years under Section 307 IPC, and fine of Rs. 5,000/-, in default to further undergo Simple Imprisonment for a period of six months;

(c) rigorous imprisonment for a period of three years under Section 25 Arms Act, and fine of Rs. 2,000/-, in default to further undergo Simple Imprisonment for a period of three months;

(d) rigorous imprisonment for a period of three years under Section 27 Arms Act and fine of Rs. 2,000/-, in default to further undergo Simple Imprisonment for a period of three months,

which shall run concurrently.

2.0. Prosecution case in brief is, that on 14.10.2013, on receipt of DD no. 9B (Ex. PW-5/B) and DD 5B (Ex. PW-5/A), SI Sonu Ram (PW-26) reached the spot i.e. Rithala Road, near New Tomar Bakery, K-2 Block, Budh Vihar, Phase-I, where beat staff Ct. Narender (PW-20), Ct. Daya Ram (PW-27) and Ct. Jarnail Singh (PW-19) were already present. By the road side, one person was found dead and was bleeding from the injuries on his head and chest; and at a distance, one Wagon-R car bearing no. DL-8CU-4918 (Ex. PY) of light grey colour was found standing. Around that time, HC Dharambir (PW-21) also arrived at the spot on receiving the information. Name of the deceased was revealed to be Sumit Solanki son of Satyanarain R/o A-51, Budh Vihar, Phase-I, Delhi. Dead body of the deceased was removed to BSA Hospital, where he was examined vide MLC no. 10881/13 (Ex. PW-1/A) by PW-1 Dr. Kumar Akhilesh, declaring him brought dead.

2.1. Meanwhile, on receiving information, SHO Ajay Singh Rawat (PW-31), the investigating officer (IO) along with staff also reached the spot and requisitioned the Crime Team, which inspected the spot and took photographs. During inspection, one empty cartridge on which KF-7.65 was engraved and one bullet lead was found lying at the spot. Eye witness Praveen Gupta (PW-10) visited the police station and his statement was recorded. Exhibits from the spot i.e. one empty cartridge (Ex. P-4), one bullet lead (Ex. P-5), blood stained earth, blood sample and earth control and also the aforesaid Wagon-R car used by the accused, were seized; and plastic glasses (Ex. P-7) and two empty quarters of liquor (Ex. P-6) where the complainant along with his associates had consumed liquor, were also taken into possession; and seized exhibits were deposited in Mal khana. Site plan Ex. PW-31/A at the instance of eye-witness (PW-10) was prepared. Santro Car DL-4CAG-5872 (Ex. PX) by which the deceased had come to the place where the complainant/eye-witness and others were consuming liquor, was also seized. After identification of the dead body by his brother Amit Solanki (PW-3) and uncle Satish Solanki (PW-2), the same was sent for post-mortem examination and thereafter, handed over to his legal heirs.

2.2. Dr. Vijay Dhankar (PW-7) at BSA Hospital, conducted the post- mortem on the body of Sumit Solanki, the deceased and tendered his report, Ex. PW-7/A, which reads:

"..........

Date: 14.10.2013 from 4:15 pm to 7:00 pm by Dr. Vijay Dhankar and assisted by Surender Tanwar, PM Technician.

I. CASE PARTICULARS:

FIR No. 499/13 Dated: 14-10-2013 P.S. Vijay Vihar

Name of the Deceased: Sumit Solanki S/o Satyanarayan Solanki

R/0; A-15, Budh Vihar Ph. I, Delhi.

Age: 20 years Sex: Male

........

II. BRIEF HISTORY AS PER