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2023 Supreme(Del) 5247
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Sarthak Kapoor – Appellant
Versus
State – Respondent
Cr.A. 1214 of 2018
Decided On : 26-06-2023
Mr. Baldev Raj, Advocate, for the Appellant.
Mr.Prithu Garg, APP, for State (through VC) with Inspector Anil Sharma, SHO, Paschim Vihar West and Inspector Basant Kumar, PS K.N. Katju Marg.
Mr.Neeraj Bhardwaj, Mr.G.M.Aziz and Ms.Neha Garg, Advocates, for the complainant with complainant in person.
The main legal point established in the judgment is the application of legal provisions to determine the nature of the offence committed by the appellant and the appropriate sentence.
Headnote:
Criminal Law - Murder - Indian Penal Code, 1860 - Section 302 - Section 304 Part I - The court held that the appellant was convicted for the murder of the deceased and challenged the order on sentence. The court found that the appellant was last seen with the deceased, had a motive to harm her, and caused her death due to vasovagal syncope by applying force on the neck. The court concluded that the offence committed by the appellant fell under Section 304 Part I IPC and not under Section 302 IPC. The court modified the conviction and sentenced the appellant to rigorous imprisonment for a period of twelve (12) years with a fine of Rs.2 lakhs.
Fact of the Case:
The appellant was convicted for the murder of the deceased and challenged the order on sentence. The deceased and the appellant were students at the same school and were romantically involved. The deceased went missing and was found dead. The appellant was last seen with the deceased and had a history of harassing her. The post-mortem report indicated that the deceased died due to vasovagal syncope caused by pressure on the neck.
Finding of the Court:
The court found that the appellant was last seen with the deceased, had a motive to harm her, and caused her death due to vasovagal syncope by applying force on the neck. The court concluded that the offence committed by the appellant fell under Section 304 Part I IPC and not under Section 302 IPC. The court modified the conviction and sentenced the appellant to rigorous imprisonment for a period of twelve (12) years with a fine of Rs.2 lakhs.
Issues: The issues involved the appellant's involvement in the murder of the deceased, the application of legal provisions to determine the nature of the offence, and the appropriate sentence for the appellant.
Ratio Decidendi: The court applied the principles laid down in Virsa Singh vs. State of Punjab to determine the intention or knowledge of the accused based on the circumstances, manner of assault, nature, and number of injuries. The court also considered the conduct of the appellant in causing serious mental agony to the deceased. The court concluded that the offence committed by the appellant fell under Section 304 Part I IPC and not under Section 302 IPC.
Final Decision: The court modified the conviction and sentenced the appellant to rigorous imprisonment for a period of twelve (12) years with a fine of Rs.2 lakhs.
JUDGMENT
Mukta Gupta, J.
1. In this appeal, the appellant challenges the judgment of the learned Trial Court dated 18th August, 2018 whereby the appellant was held guilty for murder of one `S' (deceased). The appellant also challenges the order on sentence dated 23rd August, 2018 whereby he was directed to undergo rigorous imprisonment for life for the remainder of the life along with fine of Rs.2 lakhs in default whereof simple imprisonment for one year for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").
2. Brief facts of the prosecution case are that both the appellant and deceased were students of a public school at Rohini from where the appellant completed class 12th in April, 2017 and the deceased was one year junior to the appellant and was 17 years in age. Both the appellant and victim appear to be romantically involved with each other. The appellant had been harassing the deceased in the past and incidents were brought to the notice of the parents of the deceased and the appellant as also the school authorities. On 16th August, 2017, at about 5.00 PM the deceased left her house for going to her tuition at A Block, Sector-17, Rohini. As per the father of the deceased (PW-1), the deceased used to come back around 8.00 PM but when she did not come, he tried calling her phone. The phone was reachable till 8.15 PM however, thereafter was found switched off. PW-6, mother of the deceased made a call to Rupesh (PW-4) who was the tuition teacher of the deceased and she found that the deceased had not gone to tuition on that day. Thereafter, she made a call to Pinky (PW-14) who told her that she had seen the deceased with the appellant at A Block, Gate No.7, Sector-17, Rohini at about 5.00 PM. Thereafter, PW-1 made a call on the mobile phone of the appellant and he was informed by the mother of the appellant that the appellant was not at home since 5.00 PM and that she was also looking for the appellant. He again made a call to the appellant who told him that he had met the deceased at about 5.00 PM and thereafter he went to his gym. After making efforts to trace his daughter, he ultimately made a call at No.100. On the statement of PW-1 (Ex.PW-1/A), the Rukka was prepared by SI Satender Kumar (PW-36) on which FIR No.349/2017 dated 17th August, 2017 under Section 363 IPC at PS K.N. Katju Marg (Ex.PW-22/B) was got registered. Thereafter, SI Satender contacted the parents of the appellant and requested them to reach the police station where enquiry was made from the appellant. After sustained inquiry, appellant revealed that the deceased met him outside the tuition centre and took her to a small park and from there he took her to the back lane of the houses where there was an iron grill gate so that no one could see them. Thereafter, the appellant led the police team to behind H.No.A-7/174 and 175, Sector-17, Rohini where there was an iron gate and inside the gate dead body of the deceased was pointed out by the appellant. Crime team was called at the spot and the exhibits were lifted. FSL team from Rohini was also called at the spot and the dead body of the deceased was taken to mortuary at BSA Hospital.
3. Dr.Vijay Dhankar (PW-15) conducted the post-mortem examination on the dead body of the deceased on 17th August, 2017 and tendered his report (Ex.PW-15/A). He opined:
"IX. EXTERNAL EXAMINATION
Injuries:
1. Abrasion 2 cm x 1 cm present over the middle part of left side of mandible.
2. Abrasion 0.3 cm x 0.2 cm present over the middle part of left side of mandible 2 cm behind injury no.1.
3. Contused abrasion 4 cm x 3 cm present over the back of right elbow.
4. Laceration 9 cm x 6 cm present over the back of left elbow with nibbling marks present at places on the margins and in the underlying exposed soft tissues. The skin and underlying soft tissues missing in the laceration, (likely to be rodent bite).
5. Multiple superficial abrasions present at places over the face, upper and lower limbs in irregular pa
