Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5250

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Poonam A. Bamba, JJ.
Narender – Appellant
Versus
State – Respondent
Cr.A. 1269 of 2018, Cr.A. 926 of 2018, Cr.A. 927 of 2018, Cr.A. 928 of 2018 and Cr.A. 934 of 2018
Decided On : 26-06-2023

Advocates appeared:
Ms.Kavita Jha, Advocate (through video conferencing) with Mr. Aditeya Bali and Mr. Rajiv Jha, Advocates, for the Appellant in CRL.A. 1269/2018.
Mr.Laksh Khanna, APP, for the State in CRL.A. 1269/2018.
Mr.Nasib Singh Bhatt with Ms. Nitika Bhatt, Advocates, for the Appellant in CRL.A. 926/2018.
Mr.Laksh Khanna, APP, for the State in CRL.A. 926/2018.
Mr.Dinesh Malik, Advocate (through video conferencing) with Mr. Akash Saini, Mr.Puneet Jain &, Mr.Karan Dahiya Advocates, for the Appellant.
Mr.Laksh Khanna, APP, for the State in CRL.A. 927/2018.
Mr.Nasib Singh Bhatt with Ms. Nitika Bhatt, Advocates, for the Appellant in CRL.A. 928/2018.
Mr.Laksh Khanna, APP, for the State in CRL.A. 928/2018.
Mr.Nasib Singh Bhatt with Ms. Nitika Bhatt, Advocates, for the Appellant in CRL.A. 934/2018.
Mr.Laksh Khanna, APP, for the State in CRL.A. 934/2018.

The main legal point established in the judgment is the reliance on consistent testimonies of eyewitnesses, the dying declaration of the deceased, and the chain of circumstantial evidence to establish the guilt of the appellants.

Headnote:
MURDER - INDIAN PENAL CODE, 1860 (IPC) - Section 147, Section 148, Section 302 read with 149 - The court discussed the testimonies of the witnesses, the dying declaration of the deceased, and the contradictions in the statements. The court found that the prosecution successfully established the chain of circumstantial evidence against the appellants and upheld the judgment of the Trial Court. The appeals of the appellants were dismissed, except for Narender, who was given the benefit of doubt and acquitted.
Fact of the Case:

On 30th December, 2016, a quarrel took place between the deceased and Vikram and his companions. Later that evening, the deceased was assaulted at his house and succumbed to his injuries at the hospital. The prosecution alleged that the appellants were part of an unlawful assembly and participated in the murder.
Finding of the Court:

The court found that the prosecution successfully established the chain of circumstantial evidence against the appellants and upheld the judgment of the Trial Court. The appeals of the appellants were dismissed, except for Narender, who was given the benefit of doubt and acquitted.
Issues: The court analyzed the contradictions in the testimonies of the witnesses, the dying declaration of the deceased, and the involvement of the appellants in the murder.
Ratio Decidendi: The court relied on the consistent testimonies of the eyewitnesses, the dying declaration of the deceased, and the chain of circumstantial evidence to uphold the judgment of the Trial Court.
Final Decision: The appeals of the appellants were dismissed, except for Narender, who was given the benefit of doubt and acquitted.

JUDGMENT

Mukta Gupta, J.

1. By these appeals, the appellants challenge the common judgment of learned Trial Court dated 18th August, 2018 whereby all the appellants were held guilty for murder of one Chanchal ("deceased"). The appellants also challenge the order on sentence dated 21st August, 2018, whereby the appellants were directed to undergo rigorous imprisonment for 2 years along with fine of Rs.2,000/- each in default whereof, simple imprisonment for 2 months for offence punishable under Section 147 of the Indian Penal Code, 1860 ("IPC"); were also directed to undergo simple imprisonment for 3 years along with fine of Rs.5,000/- each, in default whereof, simple imprisonment for 6 months for offence punishable under Section 148 IPC; and were also directed to undergo rigorous imprisonment for life along with fine of Rs.5,000/- each, in default whereof, simple imprisonment for 6 months for offence punishable under Section 302 read with 149 IPC. Further Vikram, Shiva, Kalu and 3 other accused could not be arrested and thus the appellants who were arrested faced trial and were convicted as noted hereinbefore.

2. Brief facts of the prosecution case are that on 30th December, 2016, at about 11.30 AM, a quarrel took place between the deceased and one Vikram and his companions on some issue. On the same day itself, in the evening at about 9.00 PM, Vikram and his companions came at the house of the deceased, and after exhorting "tujhe aaj nahi chhodenge" started assaulting the deceased with knives. Deceased's mother Veena Devi (PW-11) was also present in the house who requested the assailants to leave her son, but they continued to assault the deceased, and thereafter as PW-11 started shouting, the assailants fled away from the spot. Thereafter, with the help of her daughters Neelu and Sushma, Veena Devi took the deceased to the BJRM Hospital in an e-rickshaw followed by TSR, where the deceased was declared "brought dead". Information was given to the police at no. 100 by father of the deceased Dalip Mishra (PW-14), which was recorded vide DD No. 39A (Ex.PW-21/A), and it was also informed that the deceased was taken to the hospital at Jahangir Puri. On this, SI Rohit (PW-21) alongwith Ct. Pawan (PW-16) reached the BJRM Hospital and thereafter, the body was sent for post mortem examination. SI Rohit recorded the statement of Veena Devi (Ex.PW-11/A), prepared the rukka and got FIR No. 694/2016 dated 30th December, 2016 under Section 302/120B IPC registered at PS Bhalswa Dairy (Ex.PW-10/B).

3. Dr. Anshul Saxena at BJRM Hospital conducted the post mortem examination on the body of deceased on 31st December, 2016 and tendered his report (Ex.PW-3/A). He opined:

"BRIEF HISTORY AS PER I/O:

As per the Inquest papers, the deceased was allegedly assaulted at his home with knife on 30.12.16. He was subsequently brought to BJRM Hospital, Jahangir Purl where he was declared as brought dead on 30.12.16 at 09:40 pm vide MLC no. 127610.

GENERAL EXAMINATION:

Clothing: Body was attired in vest (torn at places), lower and underwear. Blood stains were present overt the apparels.

Built: Moderately built.

Eyes: Eyes were open, conjunctivae were pale and corneae were hazy.

Mouth: Open. Other Natural Orifices: Unremarkable.

Rigor Mortis: Present all over the body.

Hypostasis: Faintly present at the back except over the pressure areas and fixed.

Decomposition Changes: Nil.

EXTERNAL INJURIES:

1. Abrasion, reddish in colour, measuring 0.5 x 0.2 cm, was present over right side of face, situated 0.5 cm above and 1 cm away from outer canthus of right eye.

2. Superficial Incised wound, measuring 5 x 0.1 cm, was present over back of head and neck on the left side, its lower end being situated 4 cm below and 3 cm away from external occipital protuberance.

3. An obliquely placed, wedge shaped penetrating stab wound, having fresh margins, measuring 2.5 x 0.5 cm was present over back on the right side, its medial and being 13 cm below and 5 cm away from the external occipital pr