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2024 Supreme(Online)(DEL) 31864
HIGH COURT OF DELHI
Prathiba M. Singh, Amit Sharma, JJ
RAHUL – Appellant
Versus
STATE GOVT OF NCT DELHI AND ORS. – Respondent
CRL.A.-498/2023
Ms. Inderjeet Sidhu, Advocate, DHCLSC. Mr. Ritesh Kumar Bahri, APP for the State with Insp. Robin Singh, P.S. Gandhi Nagar.
The court established that corroborative evidence is essential in cases of eyewitness identification, especially when inconsistencies arise, and clarified the distinction between murder and culpable homicide under IPC.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 302, 307 - Arms Act, 1959 - Section 25 - Appeal against conviction for murder and attempted murder - Appellant convicted for life imprisonment and fines for murder and attempted murder - Conviction based on testimonies of eyewitnesses and ballistic evidence - Court found inconsistencies in witness identification but upheld conviction based on corroborative evidence. (Paras 1, 2, 17, 22, 24)
(B) Identification of Accused - The court emphasized the importance of corroborative evidence in identification, especially when discrepancies arise in witness testimonies. (Paras 18.4, 22.4)
(C) Doctrine of Transfer of Malice - The court discussed the applicability of Section 301 of IPC regarding culpable homicide and the distinction between murder and culpable homicide not amounting to murder. (Paras 22.2, 22.3)
Facts of the case:
The appellant was convicted for the murder of Mohd. Mumtaz and attempted murder of Mustafa, stemming from a shooting incident during a quarrel. Eyewitnesses testified to the events leading to the shooting, and ballistic evidence linked the appellant to the crime.
Findings of Court:
The court found the prosecution's evidence credible despite inconsistencies in witness identification, affirming the appellant's guilt based on corroborative evidence.
Issues: The main issues included the reliability of eyewitness identification and the applicability of murder versus culpable homicide charges.
Ratio Decidendi: The court ruled that the evidence presented, including ballistic reports and eyewitness testimonies, sufficiently established the appellant's guilt beyond reasonable doubt, despite some inconsistencies in witness accounts.
Result: The conviction was modified to culpable homicide not amounting to murder under Section 304(Part II) of IPC, with a reduced sentence.
JUDGMENT
AMIT SHARMA, J.
1. The present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) has been filed assailing the judgment of conviction dated 25.07.2022 and order on sentence dated 02.09.2022 passed by Mr. Reetesh Singh, learned ASJ-02, Karkardooma Courts, Delhi, whereby the Appellant has been convicted in SC No. 1523/2016, arising out of FIR No. 979/2014, under Sections 302/307 of the Indian Penal Code, 1860 (for short, ‘ IPC ’) and Section 25 of the Arms Act, 1959 , registered at Police Station Gandhi Nagar.
2. Vide the aforesaid impugned judgment of conviction and order on sentence, the Appellant was convicted for the offences punishable under Sections 302 and 307 of the IPC and Section 25 of the Arms Act. The Appellant has been sentenced to undergo imprisonment for life along with a fine of Rs. 25,000/-, and in default of payment of fine, to undergo further simple imprisonment for a period of six months for the offence punishable under Section 302 of the IPC . The Appellant has also been sentenced to undergo rigorous imprisonment for 10 years along with a fine of Rs. 10,000/- and in default of payment of fine, to undergo further simple imprisonment for a period of six months. The Appellant has also been sentenced to undergo rigorous imprisonment for 7 years along with a fine of Rs. 10,000/- and in default of payment of fine, to undergo further simple imprisonment for a period of six months. All these sentences were directed to run concurrently.
BRIEF BACKGROUND
3. Brief facts necessary for the disposal of present appeal are as follows: i) On 16.12.2014 at around 19:25 hrs, an information was received vide DD No. 33-A, which stated that “one boy has been shot in Seelampur Gali No. 4, School Wali Gali, Ajeet Nagar and one boy has been caught”. This information was communicated by PW-11 to SI PS Rawat (PW-15). In pursuance thereof, SI Rawat (PW-15) along with Constable Pradeep (PW-14) went to the said address and found that there were a lot of people gathered and one person named Mustafa was in the custody of the public. They were informed that the victim has been taken by his employer to some government hospital. PW-15 found blood spilled on the floor of the shop.
ii) Vide DD No. 35-A, on the same day at around 08:30 P.M., it was informed that Mumtaz resident of Gali No. 8, Old Seelampur, who was brought to the hospital in a serious condition by Manish Sharma (PW-1), has been declared brought dead by CMO vide MLC No. A-2737/14 (Ex. PW- 8/A). PW-11 again communicated the same to PW-15. Thereafter, on the instructions of PW-15, Constable Sandeep (PW-13) went to the hospital to get the corpse of the deceased preserved at Subzi Mandi Mortuary.
iii) Then, SI Rawat (PW-15) met the eye-witness of the incident Manish Sharma (PW-1) and recorded his statement on the basis of which FIR being No. 979/2014 (Ex. PW-11/C) was registered in the present case.
iv) PW-1/Complainant stated that, at around 07:15 P.M. in the evening on the same day, when he and his mechanic (Mohd. Mumtaz) were working in his shop, two boys started fighting in front of his shop at a chowk and when one of them overpowered the other then, the latter took out a pistol from his pant and fired a shot at the former. However, the bullet instead of hitting the aimed person got shot to his mechanic (Mohd. Mumtaz), who on being shot fell down and blood started coming out of his head. Then, people around there tried to get hold of those two boys but one of them, who had fired the shot, was able to escape from the spot. The boy who was caught disclosed his name as Mustafa (PW-3) s/o Muslim Ansari.
v) PW-1 further stated that thereafter, he called the police helpline at 100 and informed them regarding the happening of this incident and also took his mechanic (Mohd. Mumtaz) to Jag Pravesh Chandra Hospital, Shastri Park. The doctors over there declared him brought dead. PW-1 further provided the description of the boy who had fired the allege
