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2018 Supreme(P&H) 4208
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
A.B. Chaudhari, Kuldip Singh, JJ.
Ravinder Dahiya - Appellant
Versus
State Of Haryana - Respondent
CRA-D-696-DB-2011 (O/M)
Decided On : 09-10-2018
Vinod Ghai, Senior Advocate, with, Mr. S.S. Sandhu, Advocate for appellant; Vivek Saini, DAG Haryana. Mr. Anil Ghanghas, Advocate for complainant
The credibility of witness testimonies and the relevance of circumstantial evidence in establishing guilt in a murder case.
Headnote:
Conviction - Murder - Section 302 IPC, 25/54/59 of Arms Act - 302 IPC, 34 IPC, 25/54/59 of Arms Act
Fact of the Case:
The appellant was convicted under Section 302 IPC for the murder of Rakesh Yadav, who was shot at his restaurant. The prosecution presented evidence including witness testimonies, medical reports, and call details to establish the appellant's involvement in the crime.
Finding of the Court:
The court found the witness testimonies, particularly that of the cook who witnessed the shooting, to be credible. The court also considered the appellant's association with the mobile phone used in the crime and his disclosure of the crime during interrogation as incriminating evidence.
Issues: The key issues revolved around the credibility of witness testimonies, the relevance of call details, and the appellant's association with the mobile phone used in the crime.
Ratio Decidendi: The court relied on the credible witness testimony of the cook, the appellant's association with the mobile phone used in the crime, and his disclosure of the crime during interrogation to establish his guilt.
Final Decision: The appeal was dismissed, affirming the conviction of the appellant under Section 302 IPC for the murder of Rakesh Yadav.
JUDGMENT
Kuldip Singh, J. - Impugned in present appeal is the judgment of conviction dated 25.5.2011 and order of sentence of same date, passed by learned Sessions Judge, Gurgaon, vide which appellant was convicted under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default thereof, to undergo further rigorous imprisonment for three and half years.
2. On 30.7.2009, at about 9:15 PM, deceased Rakesh Yadav, was sitting in his restaurant 'Rao Bhojnalya', Dundahera, Kharkhuda, District Sonepat. At about 9:00/9:15 PM, 2/3 persons came on their motorcycles at the said restaurant Rao Bhojnalya on the pretext of taking meals. Rakesh Yadav was sitting on the counter of said restaurant. Said persons fired 5-6 bullets and thereafter, fled away on their motorcycles towards Delhi side. Sandeep alias Banti (complainant) on receiving telephonic information from Sonu alias Parveen son of Ram Kishore about incident rushed to the spot. Finding Rakesh Yadav injured, he alongwith Rajesh Yadav, brother of Rakesh Yadav, removed the injured to Columbia Asia Hospital, Palam Bihar, Gurgaon, where after examining him, the doctor declared injured Rakesh Yadav brought dead. The police, on receiving information, rushed to said restaurant, from where they came to know that injured has been shifted to Columbia Asia Hospital, Gurgaon. After reaching hospital, police got MLR of injured wherein the injured was declared dead by doctor. In the hospital, statement (Ex.PB) of Sandeep alias Banti was recorded. After making endorsement, same was sent to police station on 31.7.2009, at about 1:00 AM, on which FIR No. 101 of 2009 under Section 302 read with Section 34 IPC and 25/54/59 of Arms Act was registered at police station at
Udyog Vihar, District Gurgaon. The inquest report was prepared (Ex.PP/4). The post mortem (Ex.PP/1) of the dead body was got conducted on 31.7.2009. The doctor extracted three bullets from the dead body, which were sealed and handed over to the police alongwith clothes of deceased. The site plan (Ex.PF) of place of occurrence was prepared. From the spot inspection, 3 empties of 9mm were recovered. The blood was also lifted from the spot and same was taken into possession through memo (Ex.PA). The police recorded the statements of various persons. On 20.10.2009, police recorded the statement of Sunita (PW3) wife of deceased, who informed the police that a few days earlier, deceased had a quarrel with accused Ravinder Dahiya and Vikas, in which deceased had also suffered foot injury.
3. In the meanwhile, on 22.10.2009, Ravinder Dahiya was arrested at Delhi by police of Police Station Vijay Vihar alongwith a pistol and two live cartridges, two mobile phones, one Nokia make l203-3, black/white colour, bearing IMEI No. 353218037680957, having No. 9654516526 and another mobile Vodafone No. 227, brown colour, bearing IMEI No. 355689020622362 and Rs. 450/- in cash. The police got call details of mobile No. 9654516526 from the computer section of SP Office. The police on coming to know about the arrest of accused at Delhi obtained his production warrants on 9.11.2009 and took him into custody. His police remand was obtained. On 11.12.2009, accused was interrogated, in which he disclosed about commission of crime. He informed the police that on 18.6.2009, he alongwith Vikas had gone to Rao Bhojnalya, situated at Delhi road at Dundahera for taking meals. There, he had an altercation with the servants, who were serving the meals and they were beaten up by owner of Rao Bhojnalya, namely, Rakesh Yadav. They felt insulted. On 30.7.2009, he alongwith Vikas went to said restaurant on black colour Pulsor motorcycle, bearing Registration No. DL-9SP-5090 and fired three shots from his pistol and thereafter, they fled away to Delhi. He parked his motorcycle in the house of Vikas and covered it with a sheet of cloth. On 16.9.2009, Vikas was found murdered. He further stated that his mobile No. 9654516526 is
