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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Ram Tej – Appellant
Versus
State – Respondent
Cr.A. 264 of 2019
Decided On : 18-05-2023
CRIMINAL APPEAL - [SECTION] 302, 376A, 404 IPC - [SUBJECT] RAPE AND MURDER - [ACT SECTION LIST] 302, 376A, 404 IPC - [SUMMARY] The appellant was convicted for committing rape and murder of the deceased. The appellant challenged the judgment of the learned Trial Court dated 2nd May, 2018 whereby he was convicted for committing rape and murder of the deceased. The appellant also challenged the order on sentence dated 30th May, 2018 whereby he was directed to undergo imprisonment for life for offences punishable under Sections 302 and 376A of the Indian Penal Code, 1860 (IPC), and for both these offences the appellant was directed to deposit a fine of Rs.10,000/- each in default whereof to undergo simple imprisonment for six months. Appellant was also directed to undergo rigorous imprisonment for one year along with fine of Rs.2,000/- in default whereof simple imprisonment for one month for offence punishable under Section 404 IPC.
Fact of the Case:
On 9th January, 2015 when the deceased did not return back home, her husband Bansidhar Gupta (PW-8) called the police at number 100 and lodged a missing report which was recorded vide DD No.3A (Ex.PW-10/A), at PS Fatehpur Beri on which SI Arun Kumar (PW-14) met PW-8 and tried searching for the deceased but the deceased could not be found. Thereafter, as PW-8 did not go to the police station, PW-14 lodged DD No.12B (Ex.PW-14/A) at 5.10 AM on 10th January, 2015 containing the physical description of the deceased and the clothes worn by her at the time when she left the house. On the other hand, at about 8.00 AM Jai Kishan (PW-4), who was working as a chowkidar at DDA Land, old Nursery, Ghitorni saw dead body of a lady in a half-naked condition near metro pillar No.41 on which he made a call to the police at number 100 which was recorded vide DD No.8A (Ex.PW-13/A), at PS Vasant Kunj (South). On receipt of this information, PW-8 along with the police officials of PS Fatehpur Beri and Vasant Kunj (South) rushed to the spot where the dead body was identified as the wife of PW-8. On the basis of DD No.8A, rukka (Ex.PW-38/A) was prepared and FIR No.30/2015 dated 10th January, 2015 under Section 302 IPC (Ex.PW-11/B) was registered at PS Vasant Kunj (South). The dead body was sent to mortuary at AIIMS where the post-mortem was conducted. Crime team was called at the spot and the articles lying around the body were seized.
Finding of the Court:
The appellant was convicted for committing rape and murder of the deceased. The appellant challenged the judgment of the learned Trial Court dated 2nd May, 2018 whereby he was convicted for committing rape and murder of the deceased. The appellant also challenged the order on sentence dated 30th May, 2018 whereby he was directed to undergo imprisonment for life for offences punishable under Sections 302 and 376A of the Indian Penal Code, 1860 (IPC), and for both these offences the appellant was directed to deposit a fine of Rs.10,000/- each in default whereof to undergo simple imprisonment for six months. Appellant was also directed to undergo rigorous imprisonment for one year along with fine of Rs.2,000/- in default whereof simple imprisonment for one month for offence punishable under Section 404 IPC.
Issues: None
Ratio Decidendi: The appellant was convicted for committing rape and murder of the deceased. The appellant challenged the judgment of the learned Trial Court dated 2nd May, 2018 whereby he was convicted for committing rape and murder of the deceased. The appellant also challenged the order on sentence dated 30th May, 2018 whereby he was directed to undergo imprisonment for life for offences punishable under Sections 302 and 376A of the Indian Penal Code, 1860 (IPC), and for both these offences the appellant was directed to deposit a fine of Rs.10,000/- each in default whereof to undergo simple imprisonment for six months. Appellant was also directed to undergo rigorous imprisonment for one year along with fine of Rs.2,000/- in default whereof simple imprisonment for one month for offence punishable under Section 404 IPC.
Final Decision: The appellant was convicted for committing rape and murder of the deceased. The appellant challenged the judgment of the learned Trial Court dated 2nd May, 2018 whereby he was convicted for committing rape and murder of the deceased. The appellant also challenged the order on sentence dated 30th May, 2018 whereby he was directed to undergo imprisonment for life for offences punishable under Sections 302 and 376A of the Indian Penal Code, 1860 (IPC), and for both these offences the appellant was directed to deposit a fine of Rs.10,000/- each in default whereof to undergo simple imprisonment for six months. Appellant was also directed to undergo rigorous imprisonment for one year along with fine of Rs.2,000/- in default whereof simple imprisonment for one month for offence punishable under Section 404 IPC.
Mukta Gupta, J.
1. By way of this appeal, the appellant challenges the judgment of learned Trial Court dated 2nd May, 2018 whereby the appellant was convicted for committing rape and murder of `A. (deceased). The appellant also challenges the order on sentence dated 30th May, 2018 whereby the appellant was directed to undergo imprisonment for life for offences punishable under Sections 302 and 376A of the Indian Penal Code, 1860 ("IPC"), and for both these offences the appellant was directed to deposit a fine of Rs.10,000/- each in default whereof to undergo simple imprisonment for six months. Appellant was also directed to undergo rigorous imprisonment for one year along with fine of Rs.2,000/- in default whereof simple imprisonment for one month for offence punishable under Section 404 IPC.
2. Brief facts of the case are that on 9th January, 2015 when the deceased did not return back home, her husband Bansidhar Gupta (PW-8) called the police at number 100 and lodged a missing report which was recorded vide DD No.3A (Ex.PW-10/A), at PS Fatehpur Beri on which SI Arun Kumar (PW-14) met PW-8 and tried searching for the deceased but the deceased could not be found. Thereafter, as PW-8 did not go to the police station, PW-14 lodged DD No.12B (Ex.PW-14/A) at 5.10 AM on 10th January, 2015 containing the physical description of the deceased and the clothes worn by her at the time when she left the house. On the other hand, at about 8.00 AM Jai Kishan (PW-4), who was working as a chowkidar at DDA Land, old Nursery, Ghitorni saw dead body of a lady in a half-naked condition near metro pillar No.41 on which he made a call to the police at number 100 which was recorded vide DD No.8A (Ex.PW-13/A), at PS Vasant Kunj (South). On receipt of this information, PW-8 along with the police officials of PS Fatehpur Beri and Vasant Kunj (South) rushed to the spot where the dead body was identified as the wife of PW-8. On the basis of DD No.8A, rukka (Ex.PW-38/A) was prepared and FIR No.30/2015 dated 10th January, 2015 under Section 302 IPC (Ex.PW-11/B) was registered at PS Vasant Kunj (South). The dead body was sent to mortuary at AIIMS where the post-mortem was conducted. Crime team was called at the spot and the articles lying around the body were seized.
3. Dr.Abhishek Yadav (PW-5), constituted a medical board pursuant to an application made by Insp. Mahesh in this regard, which conducted the post-mortem examination on the dead body of the deceased on 11th January, 2015 which tendered its report Ex.PW-5/C and opined:
"1) A blue contusion of size 1 x 1 cm is present over the left side of lower lip at the inner aspect.
2) A reddish blue contusion of size 4 x 2 cm is present over the left ramus of the mandible near the midline. Another reddish blue contusion of size 2 x 1 cm is present along the lower border of the left ramus of the mandible just adjoining the injury on the ramus of the left mandible.
3) Ligature mark- a reddish ligature mark of width varying from 2 to 2.5 cm is present at the middle one third of neck over the thyroid cartilage. The ligature mark is completely encircling the neck and is horizontally placed. The ligature mark is 5 cm below the mentum and 9 cm above suprasternal notch in anterior midline of neck. The ligature mark is 5 cm below right mastoid tip and 5 cm below left mastoid tip on lateral aspect of neck. Total neck circumference is 28 cm.
On dissection of neck, two haematomas of sizes 4 x 2 cm and 2 x 1 cm are present corresponding with injury no.2. a haematoma of size 3 x 2 cm is present at the base of ____tongue. Congestion is present in the pharyngeal region just above the level of the ligature mark externally. Multiple petechiae are present on the laryngeal surface of the epiglottis. Thyro-hyoid complex is intact, laryngeal mucosa is congested.
4) A circular pressure contusion is present over the right ear lobule.
5) A linear laceration of size 1 cm is present over the lobule of the left ear associated with blood sta
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