JUDGMENT

DINESH MAHESHWARI, J.

Table of Contents Preliminary and brief outline ............................................................................................ 2 Relevant factual and background aspects ......................................................................... 5 Prosecution Evidence ............................................................................................................... 7 Stand of the appellant ........................................................................................................... 21 Trial Court found the appellant guilty and awarded life imprisonment ............................ 22 High Court dismissed the appeal filed by the appellant ................................................... 26 Rival Submissions ........................................................................................................... 29 The scope and width of this appeal ................................................................................. 38 The principles relating to circumstantial evidence; burden of explanation; hostile witness; and motive ....................................................................................................... 39 Application of the relevant principles to the facts of this case ................................................. 46 Plea of mental incapacity of the appellant ...................................................................... 52 Conclusion ...................................................................................................................... 62 Signature Not Verified Digitally signed by Neetu Khajuria Date: 2023.01.02 Reason:

Preliminary and brief outline Leave granted.

2. This appeal is directed against the judgment and order dated 29.02.2016, as passed by the High Court of Delhi at New Delhi in Criminal Appeal No. 879 of 2013, whereby the High Court has dismissed the appeal against the judgment of conviction and order of sentence, respectively dated 03.09.2011 and 08.09.2011, as passed by the Court of Additional Sessions Judge-IV, Rohini (Outer), Delhi in Sessions Case No. 238 of 2009, whereby the appellant was held guilty of offences punishable under Sections 302 and 201 of the Indian Penal Code, 18601 and was awarded varying punishments, including that of imprisonment for life for the offence under Section 302 IPC.

3. Before dealing with the matter in necessary details, we may draw a brief outline to indicate the contours of the forthcoming discussion.

3.1. The allegations against the appellant had been that on 03.05.2009, he took his two sons, aged about 9 years and 6 years, to Haiderpur Canal, strangulated them, and threw the dead bodies into the canal; and thereafter, attempted to project as if it were a case of accidental drowning. It was also alleged that the appellant was a drunkard, who doubted the chastity of his wife and suspected that the children were not his sons.

1 ‘IPC’, for short.

3.2. In trial, two of the prosecution witnesses, PW-5 Bishan Singh (brother of the appellant) and PW-9 Sunita Yadav (wife of the appellant) did not support the prosecution case as regards conduct and behaviour of the appellant. However, the Trial Court held that all the essential and material facts were duly established in the evidence adduced by the prosecution, including that the deceased children were last seen in the company of the appellant, who took them to canal and later on informed the staff at the Haiderpur Water Plant and at the Petrol Pump as also to the police that they accidentally fell into the canal; that the cause of death of both the children had been asphyxia as a result of manual strangulation; and that the appellant was a drunkard who doubted the chastity of his wife and thought that he was not the father of the deceased children. The Trial Court, therefore, convicted the appellant of the offences under Sections

302 and 201 IPC and awarded the punishments accordingly.

3.3. In appeal, it was esse