Delhi District Court
State vs Sunny @Lalu on 30 July, 2024
IN THE COURT OF MS.SHEFALI BARNALA TANDON,
ADDITIONAL SESSIONS JUDGE-05, WEST,
TIS HAZARI COURTS, DELHI.
Sessions Case No. 56681/2016
FIR No. 862/2014
PS Rajouri Garden
Under Section 302/307/34 IPC
CNR No. DLWT01-000818-2014
State
Vs.
1. Sunny @ Lalu
S/o Sh. Naresh Chand
R/o H. No. 788, 12.5 Yards,
B-3 Block, Raghubir Nagar,
Delhi.
2. Rama Nand Sagar
S/o Sh. Ram Kishan
R/o Jhuggi No. B-111,
Double Storey, Vishal Enclave,
Delhi.
Date of Institution 01.11.2014
Date of Committal 14.11.2014
Charge framed Under Section 302/307/34 IPC against both
the accused persons.
Date of conclusion of final 23.07.2024
arguments and reserving Judgment
Date of Pronouncement of 30.07.2024
Judgment
Case No. 56681/2016, FIR No. 381/2014 Page 1 of 61
State v. Sunny @ Lalu & Anr.
Final Judgment Both the accused persons
namely Sunny @ Lalu and
Ramanand Sagar are
convicted for the offence
under Section 302/307/34
IPC.
JUDGMENT
Brief Facts :
1. Both the accused persons namely Sunny @ Lalu and Ramanand Sagar have been facing trial for Charge under Sections 302/307/34 IPC (hereinafter referred to as 'IPC') for giving stab injuries to Sh. Bhola Shah and committing murder of Sh. Pinku S/o Sh. Sikander Shah by 'Khanjarnuma Chaaku' i.e. sharp edged weapon on 06.08.2014 at about 09:00/09:30 PM at the vacant place near the shop at A-32, Rajouri Garden, Delhi.
Statement of injured and Registration of FIR :
2. As per the prosecution case, on 06.08.2014 at about 11:05PM, one DD no. 98B was recorded from DDU hospital by Duty Constable Pramod to the effect that two injured persons namely Bhola Shah S/o Sh. Sikandar Shah and Pinku S/o Sh. Sikandar have been admitted in the hospital in injured condition vide MLC nos.
7777/14 & 7823/14 respectively by their neighbour Ashok and doctor had declared Pinku s/o Sh.Sikandar as 'brought dead'. The said DD was marked to the IO/Insp. Suman Kumar Sharma who Case No. 56681/2016, FIR No. 381/2014 Page 2 of 61 State v. Sunny @ Lalu & Anr.
alongwith Ct. Yashpal reached at DDU hospital and collected the MLC No. 7823/14 of injured Pinku S/o Sh. Sikandar upon which the doctor had declared him as ' brought dead'. The Investigating Officer had also collected the MLC no. 7777/14 of patient Bhola Shah S/o Sh. Sikandar upon which doctor had mentioned and the patient was transferred to Surgical Ward no. 202.
3. Thereafter, Investigating Officer recorded the statement of Bhola Shah wherein he has stated that he is permanent resident of Bihar and came to Delhi for the purpose of work. He further stated that he alongwith his brother Pinku and father Sikandar Shah used to reside at a shop situated at A-32 Rajouri Garden, Delhi and his brother Pinku used to ply rickshaw in the area of Rajouri Garden. He further stated that he used to work in the showroom of Yamah. On 06.08.2014, at about 09:00/09:30 PM, he alongwith his brother and father was preparing food for dinner and at that time, one boy namely Sagar who used to work at Yamah Showroom, came there alongwith his friend Sunny to whom he knew earlier as he (Sunny) used to roam with Sagar. He further stated that both Sunny and Sagar came on motorcycle and were taking liquor while sitting in the park. They demanded water from him for mixing it in the liquor and he gave the same to them. After some time, Sunny again came to his brother Pinku and demanded water while using abusive language, upon which his brother Pinku objected and refused to give water. Sunny got angry and he called Sagar. Sagar took out liquor Case No. 56681/2016, FIR No. 381/2014 Page 3 of 61 State v. Sunny @ Lalu & Anr.
bottle and hit on the head of Pinku. Sunny stated that " आज इसको मज़ा चखाते है ।" In the meanwhile, Sagar caught hold Pinku from the back side and Sunny took out a Khanjarnooma knife from his pants and stabbed upon Pinku on his chest and other parts of his body. When he tried to save his brother, Sunny also gave stab injuries to him, due to which he received injury on his upper back side portion. On seeing this incident, his father fell on the floor due to fear. Public persons gathered there and some persons took him and his brother to the hospital.
4. Thereafter, Investigating officer went to the spot where he found blood on the spot and some food articles scattered there. He called the crime team and SI Kalyan Singh alongwith his team reached the spot; inspected the spot and spot was got photographed by the crime team photographer. Thereafter, IO prepared rukka and sent Ct. Yashpal for getting registration of the FIR for the offence u/s 307/302/34 IPC. After registration of the FIR, Ct.Yashpal came to the spot and handed over the copy of FIR and original rukka to the Investigating Officer.
Further investigation conducted after registration of the FIR
5. Thereafter, further investigation was conducted in the present case. Investigating officer prepared site plan at the instance of Sikandar Shah. IO lifted blood stains, earth control and one black colour slipper of left foot upon which word 'Fleet' was written, Case No. 56681/2016, FIR No. 381/2014 Page 4 of 61 State v. Sunny @ Lalu & Anr.
sealed them and seized vide seizure memo. Investigating officer recorded statements of crime team staff, witness Sikandar Shah u/s 161 Cr.P.C. Thereafter, HC Anil, Ct. Vivek and Ct. Surender joined the investigation. Secret informer informed that the name of Sagar is Ramanand Sagar @ Sagar and he is residing at B-111, Double Storey, Vikshal Enclave, Delhi. The investigating officer alongwith the said staff reached the abovesaid house however no one was found present there. On inquiry, it was revealed that accused Sagar alongwith his associate went to Guru Gobind Singh hospital on Scooty. Thereafter, IO went to Guru Gobind Singh hospital and in the emergency ward of said hospital, apprehended one person whose name was revealed as Ramanand Sagar @ Sagar S/o Sh. Ram Kishan R/o H.No. B-111, Double Storey, Vishal Enclave, Delhi. Bandage was wrapped on his left hand. IO had collected his MLC No. 36672/14, upon which doctor had mentioned that H/o fight with some person around ½ hours ago and sustained injury on left forearm. Initially patient gave history of fall from own bike. Accused Ramanand Sagar was arrested in the present case and he made disclosure statement wherein he had disclosed his involvement in the present case. Thereafter, accused Ramanand Sagar got recovered his motorcycle bearing no. DL4SAX 8605 from in front of his house and one blue colour T.shirt, having blood stains from his house. IO sealed the same and took into his possession vide seizure memo. Thereafter, accused Ramanand Sagar got recovered Case No. 56681/2016, FIR No. 381/2014 Page 5 of 61 State v. Sunny @ Lalu & Anr.
one cover of Khanjarnooma knife of black colour belonging to accused Sunny @ Lalu from nearby Toilet and IO sealed the same and took into possession vide seizure memo. The IO had also prepared site plan of recovery of abovesaid knife.
6. Thereafter, at the instance of accused Ramanand Sagar, accused Sunny @ Lalu was arrested who also disclosed his involvement in the present case. Accused Sunny @ Lalu had also got recovered one Khanjarnooma knife from the almirah of his house, which was used in the commission of offence. The Investigating officer prepared the sketch of said knife, sealed the same and took into possession vide seizure memo. Thereafter, accused Sunny @ Lalu had also got recovered his green colour T.shirt, having blood stains which he worn at the time of commission of offence and the IO sealed the same and seized vide seizure memo. Accused Suny @ Lalu had also got recovered his white colour scooty bearing registration no. DL-10S-8887 from the parking of Guru Gobind Singh hospital and the IO took the same vide seizure memo. Thereafter, IO prepared pointing out memo of the place of incident at the instance of both the accused persons. During investigation, the dead body of deceased was identified by his father Sh. Sikander Shah and one Vinod Shah.
7. On 08.08.2014, HC Anil took the knife from the MHC(M) vide RC no. 69/21/14 and deposited before the doctor of hospital for seeking subsequent opinion regarding nature of injuries of the Case No. 56681/2016, FIR No. 381/2014 Page 6 of 61 State v. Sunny @ Lalu & Anr.
deceased Pinku. Thereafter, Dr. Narain Dabbas conducted the postmortem examination on the body of deceased Pinku and then the dead body of deceased was handed over to his father Sh. Sikandar Shah. The doctor had opined that (1) defects no.1 to 2 mentioned under clothes and external injuries no.1 to 3 & 4 to 5 in the PM report no. 1042/2014 of DDU hospital dated 08.08.2014 of deceased Pinku can be caused by the weapon described above and (2) matching of blood stains over the weapon described can be done with the blood of deceased and cause of death had mentioned that deceased die due to hemorrhage secondary to the stab wounds over chest and abdomen. All injuries were fresh and antemortem in nature. Injury no.3 was due to blunt force while injury no. 1 to 2 and 4-5 were due to sharp weapon.
8. On 12.10.2014, after seeking permission of the concerned Ld.MM, the IO collected the blood sample and sample seal of accused Ramanand Sagar from Aruna Asaf Ali hospital. On 16.10.2014, all the pullandas and sample seal were deposited before the FSL, Rohini, Delhi through Ct. Surender vide RC No. 121/21/14. After completion of the investigation, the charge-sheet was filed for the offence u/s 302/307/34 IPC against both the accused persons before the concerned Court.
Charge :
9. Charge for the offences punishable under Sections 302/307/34 IPC was framed against both the accused persons namely Sunny @ Case No. 56681/2016, FIR No. 381/2014 Page 7 of 61 State v. Sunny @ Lalu & Anr.
Lalu and Ramanand Sagar by the Ld. Predecessor Court on 07.01.2015, to which they pleaded not guilty and claimed trial.
The Trial Prosecution evidence :
10. To prove its case against the accused persons, the prosecution had examined 20 witnesses, that is, PW-1 Sh. Vinod Shah (identified the dead body of deceased Pinku), PW-2 Sh.Bhola Shah (eye witness/ injured), PW-3 Sh.Raj Kumar Shah (took the injured persons to hospital), PW-4 Sh.Sikandar Shah @ Bhikari (eye witness and father of deceased), PW-5 Sh.Ashok Kumar (public witness who took the injured persons to hospital ), PW-6 SI Kalyan Singh (Incharge Mobile Crime Team), PW-7 Ct. Naveen (Photographer, Mobile Crime), PW-8 Dr. Raj Shekhar, Sr.Resident, Department of General Surgery, DDU hospital ( gave opinion on the nature of injury of Bhola Shah), PW-9 Ct. Krishan Kumar (Witness of investigation), PW-10 HC Subhash Chand (duty officer), PW-11 Dr.Neeraj Kumar Garg (proved MLC of Bhola Shah), PW-12 Dr. Naorem Bobo Singh, Sr.Resident (Casualty), DDU hospital (prepared the MLC of deceased Pinku), PW-13 Dr. Narayan Dabas, Sr. Resident (conducted postmortem on the dead body of deceased Pinku), PW-14 Ct. Pramod Kumar (duty constable at DDU hospital and got recorded DD no.98B), PW-15 Ct. Surender Singh (witness of investigation), PW-16 ASI Om Prakash (Draftsman), PW-17 Case No. 56681/2016, FIR No. 381/2014 Page 8 of 61 State v. Sunny @ Lalu & Anr.
Ct.Ashok Kumar (delivered copy of FIR to Senior officers ), PW-18 ASI Sukhbir (MHC/M)), PW-19 HC Yashpal Singh (witness of investigation) and PW-20 retired Insp. Suman Kumar Sharma (Investigating officer). The relevant portion of their testimony is discussed in the following paragraphs.
11. PW-1 Sh.Vinod Shah is public witness, who had deposed that he knew Pinku as they used to work in Delhi at the factory of Sh.Puri situated at the aforesaid address. He has further deposed that on 07.08.2014, he came to know about the attack on Pinku and Bhola Shah at about 09:00 PM- 09:30 PM by the persons namely Sunny and Ramanand Sagar and he also came to know about the death of Pinku Shah. He further deposed that on 08.08.2014, he alongwith Sikandar Shah @ Bhikhari Shah went to DDU hospital, Mortuary and there he identified the dead body of Pinku. The police of PS Rajouri Garden was present there. PW-1 proved his statement recorded by the police with regard to the identification of the dead body of Pinku as Ex.PW-1/A and that after the postmortem, the dead body of deceased was handed over to them vide handing over memo, proved as Ex.PW-1/B.
12. PW-2 Sh.Bhola Shah is an eye witness and brother of deceased, who had deposed that on 06.08.2014, the incident had taken place and during that period, he was residing at Delhi with his brother Pinku and father at premises No. A-32, Rajouri Garden, Delhi. At about 09:30 PM, he alongwith his brother and father were Case No. 56681/2016, FIR No. 381/2014 Page 9 of 61 State v. Sunny @ Lalu & Anr.
preparing food at the vacant plot situated in front of A-32, Rajouri Garden, Delhi. Sunny, who was working in Yamaha showroom came alongwith Sagar on motorcyle of make Yamaha having black colour and asked water from him for the purpose of taking it with liquor. He gave him water. Sagar and Sunny started taking liquor in a park situated nearby. Sunny came and again demanded water from his brother namely Pinku. Pinku refused to give water saying that he was busy in preparing the food. Sunny told Pinku that he will teach him a lesson. Sunny called Sagar, who caught hold of Pinku from his back side and Sunny took knife from his waist and stabbed the same in the chest and stomach of Pinku. He tried to rescue his brother and raised the noise "मेरे भाई को बचाओ, मेरे भाई को बचाओ". In the meantime, Sunny stabbed him at his back twice. He fell on the ground. He was taken to DDU hospital by public persons including Vinod Shah. He received medical treatment in the hospital. Police made inquiries from him at the hospital and recorded his statement, proved as Ex.PW-2/A. PW-2 has correctly identified both the accused persons before the Court. 12.1. This witness was cross-examined by the Ld. Prosecutor as he was not disclosing the complete facts wherein, he has admitted that when Sunny had asked for water from his brother Pinku, he was making verbal abuses to his brother Pinku. His brother had refused to give water to Sunny as he was using abusive language. He had also admitted that he had stated to the police that Sagar had brought Case No. 56681/2016, FIR No. 381/2014 Page 10 of 61 State v. Sunny @ Lalu & Anr.
liquor bottle and had hit the same against the head of his brother Pinku (deceased). He also deposed that he had not disclosed these facts during his examination-in-chief due to lapse of memory.
13. PW-3 Sh. Raj Kumar Shah is a public witness who has deposed that he is residing on the pavement of H.No. A-42, Rajouri Garden since long. On 06.08.2014, at about 09:00 PM, while he was returning home after purchasing vegetable from the market, he came to know on the way that somebody had stabbed Pinku and his brother. He rushed to the spot and saw that Pinku and Bhola were lying on the ground smeared with blood in front of A-32, Rajouri Garden. He shifted them on his rickshaw thela with the help of 2-3 persons present there and took them to Batra hospital but the said hospital was found closed. From Batra hospital, he took them to Khetarpal hospital, Bali Nagar where the doctor did not admit them and then he took the injured persons to DDU hospital in the vehicle of his employer Varun Puri. After he took Pinku to the hospital on trolley, the concerned doctor on examining Pinku declared him dead. He took injured Bhola in another trolley and he was examined by the doctor. Thereafter, he washed his rickshaw at his home.
14. PW-4 Sh. Sikander Shah @ Bhikari is an eye witness and father of deceased, who has deposed that he is labour by profession. Bhola Shah and Pinku are his sons. He was residing in Delhi at A- 32, Puri Industries, Rajouri Garden with his sons. His son Pinku used to ply rickshaw and another son Bhola Shah was working in Case No. 56681/2016, FIR No. 381/2014 Page 11 of 61 State v. Sunny @ Lalu & Anr.
Yamaha Company showroom at Raghubir Nagar. His third son namely Santosh is residing in Delhi at Mayapuri and his two other sons namely Chand Kishore and Dilkhush aged about 8/9 years are residing in his native village.
14.1. He has further deposed that on 06.08.2014 at about 9.30 PM, he along with his sons Bhola Shah and Pinku were preparing to cook food at a vacant plot near A-32, Raghubir Nagar, Delhi. At that time, Sunny and Sagar, (correctly identified by the witness) were consuming liquor in the park which was located nearby. Sagar came and demanded water from his son Pinku. His son Pinku gave water to him. Again, Sagar demanded water from Pinku but his son Pinku declined. Then Sagar abused his son Pinku, on which his son Pinku objected and asked as to why he was abusing him. Then Sagar took out a bottle from his dub and gave a bottle blow on the head of Pinku and caught hold hands of Pinku from behind and called Sunny. Sunny came there and uttered "आज इसको मजा चखाते है". Saying so, Sunny gave knife blow in chest, stomach and other parts of the body of his son Pinku three four times. His son Pinku cried "Bachao Bachao". Then Sunny assaulted his son Bhola also with knife on his back and waist. After seeing both his sons bleeding, he fell down on the ground and became perplexed/senseless. When he became normal, he saw that both his sons were taken to hospital by some persons. Police came in the morning. The photographs of the spot were taken and police had taken blood samples from the spot.
Case No. 56681/2016, FIR No. 381/2014 Page 12 of 61He had shown the place of occurrence to the police and police had obtained his thumb impression.
14.2. In the early morning, when he went to DDU hospital, he found his son dead there. He had identified the dead body of his son Pinku vide statement, proved as Ex.PW4/A. He had taken dead body of his son Pinku vide receipt, proved as Ex.PW1/B after the postmortem and cremated the same. His son Bhola Shah remained admitted in the hospital for about six days. Accused persons Sagar and Sunny were known to him. He had seen them together roaming earlier also.
15. PW-5 Sh. Ashok Kumar is another public witness and he has deposed that he is residing on upper floor of the house no. A-32, Rajouri Garden, Delhi since 1962. He is running an iron pipe shop on the ground floor of the abovesaid house. He has further deposed that on 06.08.2014, it was about 09:00 or 09:15 PM, he was present at his home and taking dinner. Somebody gave a door bell of his house; he came out of his house and saw that several persons were standing in front of his house. He came to know that Bhola and Pinku were stabbed and both were taken to hospital by rickshaw puller Raj Kumar. Immediately, he and his son namely Varun went to Batra hospital, which was nearby to their house by their Car, but at that time, hospital was found closed. Thereafter, they went to Khetarpal Nursing Home and came to know that doctor had advised them that both the injured persons be taken to DDU hospital. Then Case No. 56681/2016, FIR No. 381/2014 Page 13 of 61 State v. Sunny @ Lalu & Anr.
they took both the injured Bhola and Pinku to DDU hospital by their car and got them admitted there around 10:00 or 10:15 PM. After checking Pinku was declared dead and Bhola was taken to operation theatre. Blood had fallen in his Car and subsequently he got it washed.
16. PW-6 SI Kalyan Singh (In-charge Mobile Crime Team) has deposed that on the intervening night of 06/07.08.2014, he had received a call from Control room about 11:30 PM to reach A-32, Rajougi Garden, Delhi. Accordingly, he alongwith Ct. Naveen Photographer and Ct. Sukram Pal reached the informed place by Mobile Van. Insp. Suman Kumar Sharma alongwith his staff met them there. He observed that in front of shop no. A-32, Rajouri Garden, blood was lying on the ground in a large quantity. One Cot was also lying there which was stained with blood. He has further deposed that it was revealed that injured persons namely Pinku and Bhola have already been shifted to hospital and one person i.e. Pinku had died. The spot was photographed by Ct. Naveen. He prepared Crime scene visit Report and handed over the same to the IO/Insp. Suman Kumar Sharma, proved as Ex.PW-6/A.
17. PW-7 Ct. Naveen, Mobile Crime Team has deposed that on 07.08.2014, he alongwith Crime Team officials namely SI Kalyan Singh and Ct. Sukram Pal reached in front of shop no. A-32, Rajouri Garden, Delhi in pursuance of call around 12:05 AM. Blood was lying on the ground. There was a Cot also. He took six photographs Case No. 56681/2016, FIR No. 381/2014 Page 14 of 61 State v. Sunny @ Lalu & Anr.
of the spot from different angles, proved as Ex.PW-7/A.1 to Ex.PW- 7/A.6 and negatives of the same are proved as Ex.PW-7/B.1 to Ex. PW-7/B.6 respectively.
18. PW-8 Dr.Raj Shekhar, Sr. Resident, Department of General Surgery, DDU hospital has deposed that on 27.09.2014, on the basis of injury mentioned in the MLC No. 7777 of injured Bhola Shah and treatment record, he opined the nature of injury as 'Simple'. He made his endorsement and the same is proved at point X on Ex.PW- 8/A.
19. PW-9 Ct. Krishan Kumar has deposed that on 06.08.2014, he was posted in PS Rajouri Garden and was on duty as DD writer from 04:00 PM to mid night. On that day, at about 11:05 PM, Ct. Pramod from DDU hospital had telephonically informed that one Bhola Shah S/o Sh. Sikandar and one Pinku S/o Sh. Sikander have been admitted in the hospital after they were injured in a fight. They were brought to the hospital by one of their neighbours namely Ashok. It was also informed that Pinku had been declared "dead" by the doctor in the hospital. The information was forwarded to Insp. Suman Sharma through Ct. Yashpal and was entered in DD register vide DD no. 98B and written copy of DD no. 98B is proved as Ex.PW-9/A.
20. PW-10 HC Subhash Chand, duty officer has deposed that on 07.08.2014, he was posted at PS Rajouri Garden and was working as duty officer from 12 night to 08:00 AM. On that day, at about Case No. 56681/2016, FIR No. 381/2014 Page 15 of 61 State v. Sunny @ Lalu & Anr.
02:45 AM, Ct. Yashpal had presented a rukka sent by Insp. Suman Kumar Sharma for registration of the case. Accordingly, he got registered FIR no. 862/14 U/s 302/307/34 IPC through computer operator and obtained computerized copies of FIR and signed the same as duty officer. A true print out of the said FIR is proved as Ex. PW-10/A. This FIR was got registered on the computer installed in PS and being used specifically for the purpose of registration of the FIR. Nothing adverse took place during this period, so as to cause any error in the correctness of the information so fed in the computer. He has further deposed that he recorded endorsement on the rukka regarding registration of this case and the same is encircled Portion red and is proved as Ex.PW 10/B. He handed over the original rukka and computerized print out of FIR to Ct.Yashpal for handing over the same to the IO for necessary action. He had also placed a print out of the FIR Ex. PW-10/A in the FIR register of the PS Rajouri Garden. The special report to this effect was sent to the Area MM, Joint CP and Addl. CP through Ct. Ashok immediately. He has also proved the DD nos. 10A and 11A as Ex.PW-10/C (regarding receipt of rukka) and Ex.PW-10/D (regarding handing over print out of FIR to Ct.Yashpal).
21. PW-11 Dr. Neeraj Kumar Garg, Medical Officer, DDU hospital, Delhi has deposed that he had seen MLC Ex.PW-8/A of patient Bhola Sha s/o Sikander and the same was prepared by Dr. Avneet, the then Sr. Resident (Casualty). At that Case No. 56681/2016, FIR No. 381/2014 Page 16 of 61 State v. Sunny @ Lalu & Anr.
time, he was working as CMO in DDU hospital. Dr. Avneet has since left the services of DDU hospital and his present whereabouts are not known. He is acquainted with his handwriting and signatures and proved his signatures at point C on Ex.PW-8/A. He has further deposed that being an Expert in medical science, he can say after reading the MLC of Bhola Shah that he had suffered clear incised wound of approx. 10x2 cms around sacral region CIW, 1x1cm over right lateral aspect of pelvis. After primary management, the patient was referred to surgery department.
22. PW-12 Dr. Naorem Bobo Singh, Sr. Resident (Casualty), DDU hospital, Delhi has deposed that on 06.08.2014, one patient Pinku S/o Sikander aged 25 years was brought by one Sh. Ashok (his neighbour) to DDU hospital. He was on duty at that time in casualty and had examined the patient. He was declared brought dead. His body was packed, labeled and was sent for postmortem. He had prepared the MLC, proved as Ex.PW-12/A.
23. PW-13 Dr. Narayan Dabas, Sr. Resident has deposed that on 08.08.2014, he was posted in Department of Forensic Medicines, DDU hospital as Sr. Resident. On that day, dead body of one Pinku s/o Sh. Sikander Sha was brought for postmortem. The body was sent by Insp. Suman Kumar Sharma and was identified by the father and uncle Sh. Vinod of deceased. Over the dead body, clothes i.e. green baniyan having blood stains, black trouser, grey coloured Case No. 56681/2016, FIR No. 381/2014 Page 17 of 61 State v. Sunny @ Lalu & Anr.
underwear, yellow and metallic bangle over right wrist were found on the body. On examination of blood stained baniyan, he found that there was (1) Tear, with clean cut was present over front of the margins measuring 8 x 3.5 was present over front of the baniyan on right side situated 23 cm above the lower end. (2) Tear, with clean cut margins measuring 6.5 X 2.5 cm was present over the back on right side, situated 19 cm above the lower margin. (3) Multiple tear over an area of 6x3 cm were present on the back, situated 2.5 cm above the lower end. varying in sizes from 0.2x 0.2 Cm to 1x 0.2 cm.
23.1. He has further deposed that during the postmortem of the body, external injuries as mentioned within portion X to Xl on P.M.Report Ex.PW-13/A were observed. Internal injuries as mentioned from portion Y to Y1 on Ex.PW-13/A were observed. External injuries as observed by him in the PM report Ex. PW-13/A found on the body of deceased are as under:
(1) Spindle shaped, obliquely placed stab wound measuring 3.5 X 2.3 Cm x pleural cavity deep was present over front of chest on right side and mid-line, situated 6 cm above the xiphoid, directed front to back, below upwards and left to right.
(2) Spindle shaped, oblique placed stab wound, measuring 4 x 2 cm x peritoneal Case No. 56681/2016, FIR No. 381/2014 Page 18 of 61 State v. Sunny @ Lalu & Anr.
cavity deep was present over the right side of abdomen associated with protrusion of mesenteric fat and intestines, situated 8 cm above the right anterior superiod iliac spine, directed front to back, above downwards and right to left.
(3) Abrasion, reddish in colour measuring 3 x 1.5 cm was present over back of right elbow.
(4) Spindle shaped, obliquely placed stab wound measuring 4.5 x 2cm x peritoneal deep was present over right side of back situated 18 cm above the gluteal cleft, directed back to front, left to right and below upwards.
(5) Spindle shaped, obliquely placed, stab wound measuring 3 x l cm x muscle deep was present over back on left side with tailing at left angle, situated16cm above the gluteal cleft.
23.2. During the internal examination of the body, it was found that the deceased had suffered a stab wound measuring 6 x 2 cm corresponding second to forth inter costal associated with contusion Case No. 56681/2016, FIR No. 381/2014 Page 19 of 61 State v. Sunny @ Lalu & Anr.
of surrounding muscle. His third rib was cut by 1 cm away from sternal end corresponding into external injury as mentioned at point no.1 within portion X to X1 of P.M.Report proved as Ex.PW-13/A. It was also observed that stab wound measuring 3 x 1.7 cm was present over the anterior surface of upper lobe of right lung of the deceased which was corresponding to external injury no.1 as referred above. Deceased was also found having suffered wound measuring 4.5 x 2 cms over the anterior abdominal wall and paritoneum which was corresponding to external injury no. 2 mentioned in the portion X to X1. Another wound of 5 x 1.3 cm was found on his posterior abdominal wall on right side which was corresponding to external injury no. 4 mentioned in portion X to X.1 of Ex.PW-13/A. A Stab wound of about 6 x 3 cm size was present over his ilieum on right side which was Corresponding to external injury no.2 and stab wound measuring 4 x 1 cm was present over lower margin of right lobe. Stab wound measuring 3 x 2 cm was present over middle portion of right Kidney of the deceased. This wound was corresponding to external injury no. 4. All injuries were fresh and antemortem in nature. External injury mentioned at point no.3 was due to blunt force whereas injury no. 1-2 and 4-5 were due to sharp weapon. Cause of death as opined by him was hemorrhage secondary to stab wounds over chest and abdomen of the deceased. He had proved the P.M. report as Ex. PW 13/A. Case No. 56681/2016, FIR No. 381/2014 Page 20 of 61 State v. Sunny @ Lalu & Anr.
23.3. He has further deposed that on 08.08.2014 itself, Insp. Suman Kumar had moved an application alongwith parcel bearing the seal of SK and had sought opinion regarding the nature of injuries found on the body of deceased Pinku, whether being possible to be caused with the weapon produced in the sealed cover. He had examined the sealed parcel and found it intact with six seals bearing label SK and particulars of case. On opening the cloth parcel, he found it containing weapon of offence packed in white polythene bag. On opening the polythene bag, he found it containing a knife (Khanjar). On physical verification of the knife, it was found moderately heavy with silver metallic blade, pointed tip half single edged, half double edged with metallic hilt and a handle with black, blue, red, yellow rubber strips. The metallic portion depicted a figure of tiger on both sides. The metallic base of the knife was having design over it and a hole. He had also observed reddish brown stains present over the serrated part of the blade and over the proximal silver metallic part of the hilt. The knife so produced corresponds to sketch mark PW 13/B as placed in the judicial file.
23.4. He has further deposed that during the examination of knife, in relation with clothes and injuries, he had opined that defect found on the body of the deceased were corresponding to external injuries found on the body of deceased. The injuries body of deceased Pinku were possible with the knife so produced. Blood samples of the deceased were preserved for the purpose of potential matching with Case No. 56681/2016, FIR No. 381/2014 Page 21 of 61 State v. Sunny @ Lalu & Anr.
blood stains found on the weapon and clothes. He had separately submitted his opinion regarding weapon and clothes which is running into two pages and proved as Ex.PW-13/C. The weapon of offence was re-sealed with the seal of DFMT DDU hospital and was handed over to the IO alongwith sample seal.
24. PW-14 Ct. Pramod Kumar, duty Constable has deposed that on 06.08.2014, at about 10:30 PM, while he was on duty in DDU hospital, one Ashok brought two persons namely Pinku and Bhola Shah, both in injured condition, in the emergency ward of the hospital and the attending doctor declared Pinku as 'brought dead'. He got recorded the information regarding admission and death of Pinku in PS vide DD no. 98B.
25. PW-15 Ct. Surender Singh, witness of investigation, has deposed that on 07.08.2014, at about 03:20 AM, while he was on duty in the PS, duty officer namely HC Subhash had informed about DD no. 11A and sent him, HC Anil and Ct. Vivek to place of incident i.e. A-32, Rajouri Garden, Delhi. They reached there and met IO/Insp. Suman Kumar as well as Ct. Yashpal. IO took all of them towards Raghubir Nagar jhuggis. A secret informer met the IO and informed that the name of Sagar is Ramanand Sagar, who is resident of Vishal Enclave. Accordingly, they went to the informed address of accused Ramanand Sagar i.e. B-111, Double Storey, Vishal Enclave, but accused was not found there. It was learnt that accused Sagar has gone to Guru Gobind Singh hospital alongwith Case No. 56681/2016, FIR No. 381/2014 Page 22 of 61 State v. Sunny @ Lalu & Anr.
one of his friends on the Scooty of his friend. They all alongwith secret informer reached at Guru Gobind Singh hospital and checked in the emergency Ward. Secret informer pointed out towards the person stating that he was Ramanand Sagar, (correctly identified by the witness before the Court). Accused Ramanand Sagar was under
treatment at that time and had a bandage on his left arm. IO obtained MLC of accused Ramanand Sagar. He was interrogated and arrested by the IO vide Arrest Memo, proved as Ex.PW-15/A. During interrogation, whatever accused had stated was recorded by the IO vide Disclosure Statement, proved as Ex.PW-15/B. 25.1. He has further deposed that from the hospital, accused Ramanand Sagar was brought to his house. One motorcycle bearing no. DL-4SAX-8605 was found parked outside his house. Accused Ramanand Sagar stated that it was the motorcycle on which he had reached at the place of incident alongwith his companion Sunny @ Lalu. Sunny @ Lalu was stated to be on his Scooty bearing no. DL-
10S-8887. IO seized the motorcycle vide memo, proved as Ex.PW- 15/C. Accused had also got recovered one T-shirt from his house. It was a blue-coloured T-shirt having black & white strips on it. Accused Ramanand Sagar stated that it was this T-shirt which he was wearing at the time of commission of offence. IO kept the T- shirt in a polythene bag and converted into a cloth pullanda, which he sealed with the seal of SK and seized vide Memo, proved as Ex.PW-15/D. Thereafter, accused Ramanand got recovered one Case No. 56681/2016, FIR No. 381/2014 Page 23 of 61 State v. Sunny @ Lalu & Anr.
cover of Khukhri shaped knife from place near toilet opposite his house. It was stated by the accused that the cover was of the knife used by his companion Sunny @ Lalu in commission of murder. IO prepared sketch of that cover on a plain paper, proved as Ex.PW- 15/E. The cover was kept in a plastic polythene by the IO and converted into a cloth pullanda which he sealed with the seal of SK and seized vide Memo, proved as Ex.PW-15/F. 25.2. He has further deposed that IO interrogated accused Ramanand Sagar about the whereabouts of his companion Sunny @ Lalu. Accused Ramanand Sagar disclosed that his companion was residing at H.No. 788, B-3 Block, Raghubir Nagar, Delhi. They reached there and at the instance and identification of accused Ramanand Sagar, they apprehended accused Sunny @ Lalu, who was standing opposite his house. The witness has correctly identified accused Sunny @ Lalu before the Court. IO interrogated accused Sunny @ Lalu and arrested him vide Arrest Memo, proved as Ex.PW-15/G. IO had recorded his disclosure statement, proved as Ex.PW-15/H. In pursuance to his disclosure statement, accused Sunny @ Lalu got recovered from an almirah lying on first floor of his house, a Khukhari shaped knife used by him in the commission of murder. IO prepared sketch of the recovered Khukhari shaped knife on plain paper, proved as Ex.PW-15/J. IO measured the knife and found it having total length of 38 cm. having blade of 23 cm. in length and breadth of 5 cm. The knife was kept in a plastic Panni Case No. 56681/2016, FIR No. 381/2014 Page 24 of 61 State v. Sunny @ Lalu & Anr.
and then converted into cloth pullanda, which IO sealed with the seal of SK and seized vide memo, proved as Ex.PW-15/K. Accused Sunny @ Lalu got one T-shirt recovered from his house which he stated was being worn by him at the time of commission of offence. This T-shirt was kept by the IO in a polythene bag and converted into cloth pullanda, which he sealed with the seal of SK and seized vide memo, proved as Ex.PW-15/L. 25.3. He has further deposed that as per the accused Sunny @ Lalu, the Scooty on which he had reached at the place of incident, was lying near Guru Gobind Singh Hospital and accordingly, all the police staff present there alongwith both the accused persons went to Guru Gobind Singh hospital. Accused Sunny @ Lalu got recovered his Scooty which was parked in the parking opposite emergency ward. IO seized the Scooty bearing no. DL- 10S-8887 vide seizure memo, proved as Ex.PW-15/M. Alongwith the case property and both the accused persons, all of the police staff present there was led by the IO to A-32, Rajouri Garden in pursuance to the disclosure statements of both the accused persons. Both the accused persons got pointing out memos prepared of the place where they had committed murder of Pinku and caused injuries to Bhola Shah. The pointing out memo got prepared by accused Ramanand Sagar is proved as Ex.PW-15/N. The pointing out memo got prepared by accused Sunny @ Lalu is proved as Ex.PW-15/O. From there, they all came to PS. IO deposited the case property in the malkhana. He Case No. 56681/2016, FIR No. 381/2014 Page 25 of 61 State v. Sunny @ Lalu & Anr.
alongwith Ct. Dharambir accompanied both accused persons to Guru Gobind Singh hospital for their medical examination. 25.4. He has further deposed that subsequently on 12.10.2014, he again joined the investigation of the present case and on that day, he accompanied IO to Tis Hazari Court. IO had moved an application for obtaining blood sample of accused Ramanand Sagar before Ld.M.M. which was allowed. Accused Ramanand Sagar was taken from Tis Hazari Court to Aruna Asaf Ali hospital. Doctor obtained blood sample of accused Ramanand Sagar. The sample so obtained was handed over to them in sealed condition, bearing seal of AAA CMO Govt. hospital, Delhi. A sample seal was also handed over to them. He handed it over to the IO. IO seized the blood sample vide seizure memo, proved as Ex.PW-15/P. Sample seal alongwith blood sample was deposited in the malkhana by the IO. He has further deposed that on 16.10.2014, he had carried the exhibits in the present case alongwith sample seal from MHC(M) and deposited the same in FSL, Rohini vide RC no. 121/21/2014 in sealed intact condition and obtained acknowledgment from there. Photocopy of the RC no. 121/21/2014 is marked as Mark PW-15/Q and photocopy of acknowledgment is marked as Mark PW-15/R. 25.5. This witness has correctly identified the case properties i.e. T.shirt of accused Ramanand Sagar as Ex.P.1; T.shirt of accused Sunny @ Lalu as Ex. P.2; Khukhari shaped knife got recovered by Case No. 56681/2016, FIR No. 381/2014 Page 26 of 61 State v. Sunny @ Lalu & Anr.
accused Ramanand Sagar as Ex.P.3 and knife got recovered by accused Sunny @ Lalu as Ex. P.4 before the Court.
26. PW-16 ASI Om Prakash, Draftsman has deposed that on 13.10.2014, he alongwith the IO went to Puri Industries, A-32, Rajouri Garden, Delhi and on the instructions of the IO, he prepared rough notes and took measurements of the place of occurrence. Thereafter, he had prepared scaled site plan proved as Ex.PW-16/A on 15.10.2014; destroyed the rough notes and handed over the said site plan to the IO. He has further deposed that the said site plan Ex.PW-16/A has been reasonably labled indicating place where the murder took place, blood was found over the cot and position of other material articles.
27. PW-17 Ct. Ashok Kumar has deposed that on 07.08.2014, he had carried print outs of FIR No. 862/14 registered at PS Rajouri Garden and delivered copies of the same to Ld.MM, ACP, joint CP/South West Range and other Superior officers. His departure was duly entered however, he did not remember the DD number. He had left the PS at 03:20 AM with the said print outs of FIR.
28. PW-18 ASI Sukhbir, MHC (M), has deposed that on 07.08.2014, Inspector Suman Kumar had deposited in all 10 pullandas in relation with case FIR no.862/2014, purported to contain blood sample in a plastic box, blood sample on gauze, blood stained earth control, specimen earth control, weapon of offence (knife), cover of knife, sleeper of deceased. T-shirt of accused Case No. 56681/2016, FIR No. 381/2014 Page 27 of 61 State v. Sunny @ Lalu & Anr.
Ramanand Sagar and T-shirt of accused Sunny. In addition to it, Inspector Suman Kumar had also deposited one motorcycle make Yamha bearing registration no. DL-4SAX-8605 and one scooty bearing no. DL-10S-8887. Except for the two wheelers, all the articles were in sealed pullandas bearing seal of SK and were in sealed intact condition. He has further deposed that on 08.08.2014, Inspector Suman Kumar had deposited two pullandas alongwith one sample seal. The pullandas were bearing seal of DFMT DDU Hospital and were in sealed intact condition. On 08.08.2014, vide RC no.69/21/14, proved as Ex.PW-18/D, Inspector Suman Kumar had collected the pullanda purported to contain knife (weapon of offence) in sealed intact condition for the purpose of depositing it in DDU Hospital for seeking medicine forensic opinion. On the same day, IO returned the pullanda which was now bearing seal of DFMT, DDU Hospital. He deposited the same in malkhana in sealed intact condition.
28.1. He has further deposed that on 12.10.2014, IO/Inspector Suman Kumar had deposited another pullanda bearing seal of AAA Hospital alongwith sample seal. On 16.10.2014, vide RC no.121/21/14, proved as Ex.PW-18/E, sealed pullandas bearing the seal of SK as well as those having seal of DFMT, DDU Hospital and that of AAA Hospital deposited and lying in malkhana were sent to FSL, Rohini through Ct. Surender Singh. He has further deposed that while he was under transfer and was handing over charge of Case No. 56681/2016, FIR No. 381/2014 Page 28 of 61 State v. Sunny @ Lalu & Anr.
malkhana to his successor namely, HC Subhash Chander, on 13.05.2015, Ct. Satinder had brought all the 12 pullandas in the present case from FSL Rohini alongwith reports. He has also proved the photocopy of acknowledgment regarding deposit of 12 sealed pullandas in FSL as Ex.PW-18/F. The reports were ultimately submitted before Hon'ble Court on 02.06.2015. He had made relevant entries in register no.19 as well as prepared Road Certificates in register no.21. The photocopy of the entry made by him on 07.08.2014 is proved as Ex.PW18/A. The entry regarding release of pullanda on 08.08.2014 is at encircled portion X on it. Its receipt on 08.08.2014 itself is entered at encircled portion Y on it. Entry relating to receipt of report from FSL on 13.05.2015 is partly at encircled portion Z on it. Photocopy of entry relating to deposit of pullandas on 08.08.2014 is proved as Ex.PW18/B. Entry relating to release of corresponding pullanda on 16.10.2014 to FSL is at encircled portion A on it and receipt of relevant result of the corresponding pullanda made on 13.05.2015 is at portion B on it. Photocopy of entry relating to deposit of pullanda on 12.10.2014 is proved as Ex.PW-18/C and the corresponding entries dated 16.10.2014 relating to release of corresponding pullanda for FSL is at encircled portion C on it whereas the corresponding entry relating to corresponding result is at encircled portion D on it.
29. PW-19 HC Yashpal Singh, another witness of investigation has deposed that on 06.08.2014, DD No.98D was received by duty Case No. 56681/2016, FIR No. 381/2014 Page 29 of 61 State v. Sunny @ Lalu & Anr.
officer at about 11.05 PM and same was handed over to him. He took copy of above-said DD entry to Insp. Suman Sharma who met him near the gate of PS Rajouri Garden. He along with Insp. Suman Sharma went to DDU Hospital, where IO collected MLCs of Pinku Shah and Bhola Shah. On the MLC of Pinku Shah, doctor declared him as brought dead. The other injured namely Bhola Shah was under treatment in DDU Hospital. IO made inquiries from injured Bhola Shah and recorded his statement. Thereafter he along with IO came to the place of incident i.e. near premises No. A-32, Rajouri Garden, where they found that blood was lying at the spot. There was one cot lying there and there were blood stains on that cot also. Sikander Shah (father of injured Bhola Shah) met them at the spot. IO called the crime team, who after about 20-25 minutes, reached at the spot. The photographer took photographs of the spot. The crime team inspected the spot and thereafter the Incharge prepared his report and handed over the same to IO. He has further deposed that at about 2.30 AM, IO handed over tehrir to him which he took to PS Rajouri Garden and reached there at about 2.45 AM. He got registered the FIR of this case and thereafter he again came to the spot with copy of FIR and original rukka. HC Anil, Const. Surender and Const. Vivek were also present at the spot with IO. 29.1. He has further deposed that IO prepared the site plan at the instance of Sikander Shah. IO lifted blood, earth control and blood- stained earth control from the spot. There was one slipper (on which Case No. 56681/2016, FIR No. 381/2014 Page 30 of 61 State v. Sunny @ Lalu & Anr.
the word Fleet was written) was lying at the spot which was also lifted by IO from the spot. IO also lifted blood stains which were on the cot. IO prepared separate parcels of above-said lifted exhibits and sealed the parcels with the seal of SK and seized these exhibits vide seizure memos, proved as Ex.PW19/A (blood sample on cot), Ex.PW19/B (blood in-gauze), Ex.PW19/C (blood-stained earth control), Ex.PW19/D (earth control) and Ex.PW19/E (slipper). 29.2. Thereafter he along with IO and above-named police officials went to jhuggi area of Raghubir Nagar for conducting further investigation where a secret informer met the IO. He informed IO that the offender wanted in present case namely Ramanand Sagar used to reside in jhuggi No.B- 111, Vishal Enclave. Thereafter, they went to jhuggi No. B-111 and it was revealed on inquiry that Ramanand Sagar had gone to Guru Gobind Singh Hospital with his friend on his scooty. He along with IO and other police officials went to Guru Gobind Singh Hospital. The secret informer was also along with them. The informer pointed towards one person, who was having injury on his left hand and present in the emergency ward and identified him as Ramanand Sagar. He has further deposed that IO apprehended that person who informed his name as Ramanand Sagar. This witness has correctly identified accused Ramanand Sagar before the Court. Thereafter, IO interrogated accused Ramanand Sagar and then arrested him in the present case vide arrest memo, proved as Ex.PW15/A. The personal search of Case No. 56681/2016, FIR No. 381/2014 Page 31 of 61 State v. Sunny @ Lalu & Anr.
accused Ramanand was conducted vide memo, proved as Ex.PW19/F. IO recorded his disclosure statement proved as Ex.PW15/B. Accused Ramanand Sagar disclosed that he could get recovered the motorcycle which was used at the time of commission of offence from near his house. He also disclosed that he could get recovered the T-shirt, which he was wearing at the time of committing the offence from his house. Thereafter accused was taken to his house No. B-111, Vishal Enclave. He pointed towards one motorcycle of black colour bearing No.DL-4S-AX-8605 (perhaps) which was parked outside his house. This motorcycle was seized by IO vide seizure memo, proved as Ex.PW15/C. Accused also took out one blue colour T-shirt having stripes from inside his jhuggi. A sticker/label on which the word "ALLEN" was printed, was there on the T-shirt. There were blood stains on the said T-shirt. IO prepared a parcel of this T-shirt and sealed the same with seal of SK and seized it vide memo, proved as Ex.PW15/D. Thereafter, IO interrogated accused about the knife used in the commission of offence. Accused disclosed that he could get recovered the cover of knife. Accused got recovered one cover of knife which was lying near the wall of park situated near washroom. IO prepared a sketch of this cover of knife, proved as Ex.PW15/E and then prepared parcel of this cover of knife and sealed with the seal of SK and seized vide memo, proved as Ex.PW15/F. He disclosed that knife Case No. 56681/2016, FIR No. 381/2014 Page 32 of 61 State v. Sunny @ Lalu & Anr.
was with his associate Sunny and he could get arrested his associate Sunny who resides at B-3 Block, Raghubir Nagar. 29.3. He has further deposed that thereafter, they all police officials and accused Ramanand Sagar proceeded to B Block, Raghubir Nagar. Accused Ramanand Sagar pointed towards one person who was standing outside House No.888 and identified him as his associate Sunny, who was along with him at the time of committing the offence. IO interrogated accused Sunny and arrested him vide arrest memo, proved as Ex.PW15/G. The personal search of accused Sunny was conducted vide memo, proved as Ex.PW19/G. IO recorded disclosure statement of accused Sunny, proved as Ex.PW15/H. This witness has correctly identified accused Sunny before the Court. He has further deposed that during interrogation, accused Sunny disclosed that he could get recovered the T-Shirt which he was wearing at the time of committing the offence from his house No.888. He also disclosed that he could get recovered the knife used by him at the time of commission of offence. Thereafter he brought one knife (appearing as khanjar) and the T-shirt of green colour from the first floor of House No.888. IO took measurements of the knife and prepared its sketch, proved as Ex.PW 15/J. Thereafter IO prepared a parcel of this knife, scaled it with the seal of SK and seized vide memo, proved as Ex.PW15/K. IO also prepared parcel of the recovered T.shirt of accused Sunny and sealed it with the seal of SK and seized vide memo, proved as Ex.PW15/L. Case No. 56681/2016, FIR No. 381/2014 Page 33 of 61 State v. Sunny @ Lalu & Anr.
Accused Sunny also disclosed that he could get recovered the Scooty used by him at the time of commission of offence which was lying near Guru Gobind Singh Hospital. Thereafter, they all police officials and both the accused went to Guru Gobind Singh Hospital. Accused Sunny got recovered a white colour Scooty bearing registration No. xxxx8887 which was stationed in the parking of Guru Gobind Singh Hospital. The scooty was also seized by IO vide memo, proved as Ex.PW15/M. Thereafter, they along with both the accused went to the place of occurrence where both the accused pointed out the place of offence. IO prepared pointing out memos, proved as Ex.PW-15/N and Ex.PW-15/O. 29.4. This witness has correctly identified the case property before the Court i.e. the Plastic container containing a piece of gauze having dark brown stains as Ex.P.5; another plastic container containing blood in gauze as Ex.P.6; another plastic container containing earth control as Ex.P.7; another plastic container containing earth control as Ex.P.8; the Slipper as Ex.P.9; the T.shirt of accused Ramanand Sagar as Ex.P.1; the T.shirt of accused Sunny as Ex.P.2; one pouch type cover of black colour of knife as Ex.P.3; the Knife as Ex.P.4. In response to Court question regarding description of Khukhri or Khanjar, this witness deposed that the Knife Ex.P.4 is Khanjar like weapon as to his knowledge, there is curve in the blade of Khukhri and there is no curve in the blade of knife Ex.P.4.
Case No. 56681/2016, FIR No. 381/2014 Page 34 of 6130. PW-20 retired Insp. Suman Kumar Sharma, the Investigating Officer of this case has deposed that on 06.08.2014, at about 11:00 PM, he received DD no. 98B, proved as Ex.PW-9/A through Ct. Yashpal from DDU hospital by which it was informed that two brothers namely Pinku Shah and Bhola Shah were brought to the hospital and Pinku Shah was declared dead. He has further deposed that he alongwith Ct. Yashpal went to DDU hospital and collected the MLC of Pinku Shah and Bhola Shah. He moved an application to ascertain the fitness of injured Bhola Shah for recording his statement, on which doctor declared the injured Bhola Shah as 'fit for statement'. He recorded the statement of injured Bhola Shah, wherein he stated that the incident took place in front of Shop no. A- 32, Rajouri Garden, Delhi and injuries were caused to him and to his brother Pinku Shah by Sagar and his friend Sunny, who were already known to him. Thereafter, he alongwith Ct. Yashpal came to the spot i.e. in front of shop no. A-32, Rajouri Garden, Delhi and saw there were one cot, one small gas cylinder and some utensils lying at the spot. Blood was also lying at the spot. One blood- stained slipper was also lying at the spot. There were blood stains on one corner of the cot. The crime team was called at the spot. The crime team inspected the spot and photographs of the spot were taken by them. He made his endorsement as Ex.PW-20/A and handed over the rukka to Ct. Yashpal and he was sent to PS for getting registration of the FIR. He lifted blood in gauze from the cot Case No. 56681/2016, FIR No. 381/2014 Page 35 of 61 State v. Sunny @ Lalu & Anr.
as well as from the spot, earth control and blood-stained earth control. These exhibits were kept in separate plastic boxes and turned into parcels, sealed with the seal of SK and seized vide memos, proved as Ex. PW-19/A to Ex. PW-19/D. He has further deposed that Ct. Yashpal returned to the spot with copy of FIR and original rukka. He had already requested in the rukka for sending the extra police force. HC Anil, Ct. Surender and Ct. Vivek came to the spot. The blood-stained slipper, which was lying at the spot was also lifted, turned into parcel, sealed with the seal of SK and seized vide memo, proved as Ex. PW-19/E. Thereafter, he prepared site plan, proved as Ex.PW-20/B. He has further deposed that he collected the report from the crime team Incharge SI Kalyan Singh and recorded his statement. He also recorded the statement of photographer of the crime team.
30.1. He has further deposed that thereafter, he alongwith police staff proceeded to Vishal Enclave. On the way, secret informer met him who informed that the complete name of Sagar is Ramanand Sagar, who resides at Jhuggi no. B-111, Vishal Enclave, Delhi. Then he alongwith staff and secret informer went to the residence of accused Ramanand Sagar. On inquiry from the persons residing in the neighbourhood of Ramanand Sagar, it was revealed that he was taken to Guru Gobind Singh hospital by his friend Sunny on his Scooty as he (Ramanand Sagar) sustained some injuries. Then they went to Guru Gobind Singh hospital. In the emergency ward, Case No. 56681/2016, FIR No. 381/2014 Page 36 of 61 State v. Sunny @ Lalu & Anr.
Ramanand Sagar was found under treatment and he was also pointed out by the secret informer. He collected the MLC of Ramanand Sagar, proved as Ex.PW-20/C. Accused Ramanand Sagar informed the doctor that he sustained injuries as he fell on the fencing. However, when he inquired from him, he informed that he sustained injuries during quarrel. This witness has correctly identified accused Ramanand Sagar before the Court. Thereafter, he interrogated the accused Ramanand Sagar and arrested him in the present case vide Arrest memo, proved as Ex.PW-15/A. His personal search was conducted vide memo, proved as Ex.PW-19/F. His disclosure statement was also recorded, proved as Ex.PW-15/B. Accused Ramanand Sagar disclosed that he could get recover the clothes worn up by him at the time of incident and also the cover of knife from his jhuggi. So, he was taken to his jhuggi at B-111, Double Storey. Vishal Enclave, Delhi. There was a park located in front of the jhuggi of accused Ramanand Sagar and there is a wall in between his jhuggi and park. Accused got recovered the cover of knife, which was lying near the corner of the wall of washroom constructed outside the park (in front of jhuggi of accused). The wall of the park and one side of the wall of washroom is common. The cover was of black colour. He prepared its sketch which is proved as Ex.PW-15/E. Thereafter, he prepared a parcel of this cover and sealed it with the seal of SK and seized it vide memo, proved as Ex.PW-15/F. He prepared site plan of the place of Case No. 56681/2016, FIR No. 381/2014 Page 37 of 61 State v. Sunny @ Lalu & Anr.
recovery of the cover of knife, proved as Ex.PW-20/C. Thereafter, accused Ramanand Sagar brought one T.shirt from his jhuggi and stated that same was worn up by him at the time of incident. He sealed the same with the seal of SK and seized vide memo, proved as Ex.PW-15/D. 30.2. He has further deposed that accused disclosed that he could get arrested his associate namely Sunny @ Lalu. Thereafter, he alongwith his staff and accused Ramanand Sagar reached B Block, Raghubir Nagar, Delhi. Accused Ramanand Sagar pointed towards one person, who was present in the street and identified him as his associate Sunny @ Lalu. Accused Sunny @ Lalu was apprehended by him with the help of police staff and he was interrogated. Accused Sunny was arrested vide memo, proved as Ex.PW-15/G. His personal search was conducted vide memo, proved as Ex.PW- 19/G. He recorded his disclosure statement, proved as Ex.PW-15/H. This witness has correctly identified accused Sunny @ Lalu before the Court. During interrogation, accused Sunny @ Lalu disclosed that he could get recover the weapon of offence i.e. Knife from his house and could also get recover the clothes worn up by him at the time of incident. Thereafter, accused Sunny took the police party to his house situated in Raghubir Nagar, from where he got recovered the knife from the Almirah kept in the room situated at the first floor of his house. He also produced one T.shirt from the same room by stating that same was worn up by him at the time of incident. He Case No. 56681/2016, FIR No. 381/2014 Page 38 of 61 State v. Sunny @ Lalu & Anr.
took measurements of the knife and prepared its sketch, proved as Ex.PW-15/J. The total length of 38 cm. and its blade was 23 cm and handle was 15 cm. Maximum width of blade was 05 cm. There was one picture like Lion embossed on the handle of knife. He prepared a parcel of knife, sealed it with the seal of SK and seized vide memo, proved as Ex.PW- 15/K. He also prepared the cloth parcel of T. Shirt, sealed it with the seal of SK and seized it vide seizure memo, proved as Ex.PW-15/L. 30.3. He has further deposed that accused Sunny also disclosed that he could get recover his Scooty on which he took his associate Ramanand Sagar to Guru Gobind Singh hospital and same was being parked by him in the parking of GGS hospital. Thereafter, he alongwith his staff and both the accused persons went to the parking of GGS hospital. There, accused Sunny pointed towards his Scooty bearing no. DL-10S-8887, which was seized by him vide seizure memo, proved as Ex.PW-15/M. Thereafter, both the accused persons were taken to the place of incident, where they pointed out the crime spot. He prepared the pointing out memos, proved as Ex.PW-15/N and Ex.PW-15/O. Again said, accused Ramanand Sagar got recovered one motorcycle which was parked outside his jhuggi by disclosing that on that motorcycle, he and his associates Sunny went to the spot and committed the offence. The motorcycle was seized by him. Perhaps the registration number of motorcycle was xxxxx8607. The motorcycle was seized by him vide memo, proved Case No. 56681/2016, FIR No. 381/2014 Page 39 of 61 State v. Sunny @ Lalu & Anr.
as Ex.PW-15/C. Thereafter, he alongwith his staff and both the accused persons went to PS. All the seized exhibits and vehicles were deposited with the MHC(M). He recorded the statements of witnesses. Both the accused persons were got medically examined and then produced before the Id. Duty MM, from there, they were remanded to J.C. 30.4. He has further deposed that on 08.08.2014, he took the sealed parcel containing weapon of offence i.e. knife from MHC(M) and then alongwith HC Anil went to mortuary of DDU hospital. The relatives of deceased Pinku Shah met him in the hospital. They identified the dead body of Pinku Shah. He recorded the statement of Sikander Shah and Vinod Shah in this regard, proved as Ex.PW- 4/A and Ex.PW- 1/A. He conducted inquest proceedings and during which he prepared request for postmortem, proved as Ex.PW-20/D; brief facts, proved as Ex.PW-20/E and Form 25.35, proved as Ex. PW-20/F. He got conducted the postmortem examination of the deceased. He also handed over the sealed parcel containing weapon of offence to the autopsy surgeon with the application, proved as Ex. PW-20/G for giving opinion as to whether the injuries sustained by the deceased could be caused by the said weapon. After the postmortem examination, dead body of Pinku Shah was handed over to his relatives. After the postmortem examination, doctor handed over the blood sample, clothes of deceased in sealed condition alongwith sample seal to HC Anil, which he gave to him and he Case No. 56681/2016, FIR No. 381/2014 Page 40 of 61 State v. Sunny @ Lalu & Anr.
seized the same vide seizure memo, proved as Ex.PW-20/H. Doctor also handed over the sealed parcel sealed with the seal of hospital containing weapon of offence after examining the same. Thereafter, he alongwith HC Anil returned to PS. He deposited the case property with the MHC(M). During investigation, he obtained the P.M. report; subsequent opinion from the autopsy surgeon and also obtained the final opinion of the MLC of injured Bhola Shah. His nature of injuries were opined as 'simple'. He applied for production warrant of accused Ramanand Sagar. Thereafter. he moved an application for obtaining his blood sample in the Court. As per the directions of the Court, accused Ramanand Sagar was taken to Aruna Asaf Ali hospital where his blood sample was taken by the doctor and same was handed over to him in sealed condition, which was seized by him vide seizure memo, proved as Ex.PW-15/B. All the exhibits were sent to FSL, Rohini, Delhi through Ct. Surender. After completing the investigation, charge-sheet was filed before the concerned Court. Later, he collected the FSL result and same was filed by him in the Court. This witness has correctly identified the case properties i.e. blood sample having dark brown stains as Ex. P.5; blood in gauze as Ex.P.6; few pieces of concrete/blood stained earth control as Ex.P.7; another few pieces of concrete/earth control as Ex.P.8; one single slipper as Ex.P.9; one T.shirt of blue colour of accused Ramanand Sagar as Ex.P.1.; one T.shirt of accused Sunny @ Lalu as Ex.P.2; one cover of black colour of knife as Ex.P.3 and Case No. 56681/2016, FIR No. 381/2014 Page 41 of 61 State v. Sunny @ Lalu & Anr.
one big knife like 'Khukhari' as Ex.P.4. Both the accused persons have not disputed the identity of Scooty bearing No. DL-10S-8887 and motorcycle bearing no. DL-4S-AX-8605 and accordingly, the same are proved as Ex. P.10 and Ex. P.11 respectively.
31. On 07.10.2016, Ld. Prosecutor had dropped the witnesses namely HC Anil and Ct. Vivek listed at srl.No. 9 & 10 respectively as they are the witnesses to the same fact to which PW-15 Ct. Surender was already deposed.
32. Prosecution evidence was closed vide order dated 04.09.2019 on submissions of Ld. Addl. PP for the State that all the prosecution witnesses have been examined.
Statements of accused persons Under Section 313 Cr.P.C.
33. After prosecution evidence was over, on 29.11.2019, accused persons namely Sunny @ Lalu and Ramanand Sagar were examined under Section 313 Cr.PC, wherein they reiterated their innocence.
Defence evidence
34. Accused Ramanand Sagar chose to lead defence evidence and he has examined DW-1 Smt. Meena in his defence.
34.1. DW-1 Smt. Meena has deposed that on 06.08.2014 at about 06:00 - 07:00 PM, she went to the house of her sister Ms. Indu situated at Rajouri Garden. When they were taking tea, an information was received that Ramanand Sagar (son of Ms. Indu) Case No. 56681/2016, FIR No. 381/2014 Page 42 of 61 State v. Sunny @ Lalu & Anr.
had met with an accident. She alongwith her sister and her son namely Golu went to the hospital situated nearby to see Ramanand Sagar. She and her sister remained in the hospital till about 11:30 PM and thereafter, they returned to their house. Ramanand Sagar was under treatment in the said hospital at that time. 34.2. She has further deposed that on 07.08.2014 at about 01:00 AM, she came to know that Ramanand Sagar was taken by the police. She alongwith her sister and her husband went to PS Rajouri Garden and there, police officials informed them that they were making some inquiry regarding accident from accused Ramanand Sagar. Police officials assured that they would release Ramanand Sagar after making inquiry from him and they need not worry about him. They were not permitted to meet accused Ramanand Sagar in the Police station. In the morning, she again went to PS but again they did not permit them to meet accused Ramanand Sagar and told that SHO would come at around 10:30 AM and asked them to meet SHO and he would inform as to why Ramanand Sagar was confined. She has correctly identified accused Ramanand Sagar before the Court.
Final Arguments:
35. The Court has heard the final arguments as advanced by Mr. M.A.Khan, Ld. Addl. P.P. for the State, Sh. Mahesh Patel, Ld. Counsel for accused Sunny @ Lalu and Sh. Raj Kumar Raje, Ld. Case No. 56681/2016, FIR No. 381/2014 Page 43 of 61 State v. Sunny @ Lalu & Anr.
Counsel for accused Ramanand Sagar and has gone through the entire material available on record including written submissions filed on behalf of Ramanand Sagar.
Arguments address on behalf of the Prosecution
36. It is submitted by the Ld. Addl. P.P. for the State that the present matter is based on the direct evidence and the prosecution has proved the present case against both the accused persons for the commission of the offence charged with. It has also been argued that the prime witnesses of the prosecution are injured himself and his father, who was present at the spot. He has further argued that the opinion has been proved on record regarding injuries being committed from the knife recovered at the instance of accused Sunny @ Lalu. He further submitted that the FSL biology result has proved the case of the prosecution. Thus, it is stated by the Ld. Addl. PP for the State that both the accused persons be convicted for all the offences for which they have been charged.
Arguments on behalf of accused persons.
37. It is argued by Ld. Counsel for the accused persons that there are material contradictions in the testimony of prime witnesses of prosecution i.e. PW-2 and PW-4 as well as in the testimony of public witnesses i.e. PW-3 and PW-5. It has also been argued that the liquor bottle which was alleged to be hit on the head of the Case No. 56681/2016, FIR No. 381/2014 Page 44 of 61 State v. Sunny @ Lalu & Anr.
deceased Pinku has not been recovered. There is no postmortem report regarding the head injury as alleged. It has also been argued that the case property i.e. weapon of offence has not been put to the witnesses and injury to accused namely Sagar has not been explained by the prosecution. It has been also argued that there is no independent witness and PW-2 and PW-4 are interested witnesses being injured and relative of deceased Pinku. It has lastly been argued that accused Sagar was not present at the spot and he was having medical treatment at Guru Gobind Hospital at the time of alleged incident.
Appreciation of facts and relevant law :
38. The present case of the prosecution is based upon the direct evidence as prosecution has two prime witnesses who are eye witnesses of the present incident as well as on documentary evidence in form of medical report.
Ocular Evidence
39. It is well settled that ocular evidence is considered as the best form of evidence in a criminal trial, given that it is duly corroborated by other evidences and there is no reason to doubt it.
40. The prime witness of the prosecution i.e. PW-2 Sh. Bhola Shah, who is injured himself for the offence charged under Section 307 IPC, has deposed emphatically on oath that on the fateful day of Case No. 56681/2016, FIR No. 381/2014 Page 45 of 61 State v. Sunny @ Lalu & Anr.
incident at about 09:30 PM, he alongwith his brother and father were preparing food at the vacant plot situated in front of A-32, Rajouri Garden, Delhi. Sunny, who was working in Yamaha showroom came alongwith Sagar on motorcyle of make Yamaha having black colour and asked water from him for the purpose of taking it with liquor. He gave him water. Sagar and Sunny started taking liquor in a park situated nearby. Sunny came and again demanded water from his brother namely Pinku. Pinku refused to give water saying that he was busy in preparing the food. Sunny told Pinku that he will teach him a lesson. Sunny called Sagar, who caught hold of Pinku from his back side and Sunny took knife from his waist and stabbed the same in the chest and stomach of Pinku. He tried to rescue his brother and raised the noise " मेरे भाई को बचाओ, मेरे भाई को बचाओ". In the meantime, Sunny stabbed him at his back twice. He fell on the ground.
41. It is settled law that testimony of an injured witness stands on a higher pedestal than any other witness, in as much as, he sustains injuries in the incident. As such, there is an inbuilt assurance regarding his presence at the scene of the crime and it is unlikely that he will allow the real culprit to go scot free and would falsely implicate any other person. In the case of Abdul Sayeed v. State of Madhya Pradesh, [(2010) 10 SCC 259], it was held by the Hon'ble Supreme Court of India as under:
Case No. 56681/2016, FIR No. 381/2014 Page 46 of 61State v. Sunny @ Lalu & Anr.
'Where a witness to the occurrence has himself been injured in the incident, the testimony of such a witness is generally considered to be very reliable, as he is a witness that comes with a built−in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant(s) in order to falsely implicate someone. 'Convincing evidence is required to discredit an injured witness."
42. Further, in the case reported as Jarnail Singh & others v. State of Punjab, (2009) 9 SCC 719, also it was held by the Hon'ble Supreme Court of India that testimony of an injured witness will have a special evidentiary status. It was held as under :
".....the testimony of the injured witness is accorded a special status in law. This is as a consequence of the fact that the injury to the witness is an inbuilt guarantee of his presence at the scene of the crime and because the witness will not want to let his actual assailant go unpunished merely to falsely implicate a third party for the commission of the offence. Thus, the deposition of the injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein.' Case No. 56681/2016, FIR No. 381/2014 Page 47 of 61 State v. Sunny @ Lalu & Anr.
43. The other prime witness of the prosecution, who is also an eye witness to the incident has deposed emphatically on oath that on 06.08.2014 at about 9.30 PM, he along with his sons Bhola Shah and Pinku were preparing to cook food at a vacant plot near A-32, Raghubir Nagar, Delhi. At that time, Sunny and Sagar were consuming liquor in the park which was located nearby. Sagar came and demanded water from his son Pinku. His son Pinku gave him water. Again, Sagar demanded water from Pinku but his son Pinku refused. Thereafter, accused Sagar abused his son Pinku to which his son Pinku objected and asked as to why he was abusing him. Then Sagar took out a bottle from his dub and gave a bottle blow on the head of his son Pinku and caught hold hands of Pinku from behind and called Sunny. Sunny came there and uttered " आज इसको मजा चखाते है". Saying so, Sunny gave knife blow in chest, stomach and other parts of the body of his son Pinku three four times. His son Pinku cried "Bachao Bachao". Then Sunny assaulted his son Bhola also with knife on his back and waist. After seeing both his sons bleeding, he fell down on the ground and became perplexed/senseless.
44. Ld. Defence Counsel has argued that there are contradictions in the testimony of PW-2 with respect to role of accused persons, PCR Caller and the person who took him to the hospital. It has been further argued that in the cross examination, it has been deposed by PW-2 that accused persons are residing very far from his residence.
Case No. 56681/2016, FIR No. 381/2014 Page 48 of 6145. It has also been argued that even PW-4 has contradictions in his testimony with respect to role of the accused persons and the residence of accused persons as in his cross examination, he has stated that the accused persons are residing only one Km. Away from the spot. These contradictions in the testimonies of PW-2 and PW-4 have demolished the case of the prosecution.
46. However, on perusal of record, specifically the testimonies of aforesaid witnesses, it is clear that initially PW-2 did not depose about hitting the liquor bottle upon the head of deceased Pinku but during cross examination conducted by Ld. Prosecutor, he has admitted the same.
47. Both the eye witnesses i.e. PW-2 and PW-4 have specifically deposed on oath that accused Sagar hit the liquor bottle on the head of Pinku and stab injuries were given by accused Sunny. This is the prime role of both the accused persons which has been specifically deposed and it is irrelevant to describe the minor role in detail as to who asked for water first. Minor contradictions are bound to come in testimony of any public witness as the human memory is short life and cannot retain each and every minor detail of an incident which has continued only for few second or minutes.
48. Reliance is placed by this Court upon in case titled as Balu Sudam Khalde & Anr. v. The State of Maharashtra (2023) 6 S.C.R. 851, wherein after relying upon the Judgments in cases tiled as Bharwada Bhoginbhai Hirjibhai v. State of Gujarat 1983 Cri LJ 1096 :
Case No. 56681/2016, FIR No. 381/2014 Page 49 of 61State v. Sunny @ Lalu & Anr.
(AIR 1983SC 753) Leela Ram v. State of Haryana AIR 1995 SC 3717 and Tahsildar Singh v. Stateof UP (AIR 1959 SC 1012), it is held that :
'..........25. The appreciation of ocular evidence is a hard task. There is no fixed or straight-jacket formula for appreciation of the ocular evidence. The judicially evolved principles for appreciation of ocular evidence in a criminal case can be enumerated as under:
"I. While appreciating the evidence of a witness, the approach must be whether the evidence of the witness read as a whole appears to have a ring of truth. Once that impression is formed, it is undoubtedly necessary for the Court to scrutinize the evidence more particularly keeping in view the deficiencies, drawbacks and infirmities pointed out in the evidence as a whole and evaluate them to find out whether it is against the general tenor of the evidence given by the witness and whether the earlier evaluation of the evidence is shaken as to render it unworthy of belief. II. If the Court before whom the witness gives evidence had the opportunity to form the opinion about the general tenor of evidence given by the witness, the appellate court which had not this benefit will have to attach due weight to the Case No. 56681/2016, FIR No. 381/2014 Page 50 of 61 State v. Sunny @ Lalu & Anr.
appreciation of evidence by the trial court and unless there are reasons weighty and formidable it would not be proper to reject the evidence on the ground of minor variations or infirmities in the matter of trivial details.
III. When eye-witness is examined at length it is quite possible for him to make some discrepancies. But courts should bear in mind that it is only when discrepancies in the evidence of a witness are so incompatible with the credibility of his version that the court is justified in jettisoning his evidence.
IV. Minor discrepancies on trivial matters not touching the core of the case, hyper technical approach by taking sentences torn out of context here or there from the evidence, attaching importance to some technical error committed by the investigating officer not going to the root of the matter would not ordinarily permit rejection of the evidence as a whole. V. Too serious a view to be adopted on mere variations falling in the narration of an incident (either as between the evidence of two witnesses or as between two Case No. 56681/2016, FIR No. 381/2014 Page 51 of 61 State v. Sunny @ Lalu & Anr.
statements of the same witness) is an unrealistic approach for judicial scrutiny.
VI. By and large a witness cannot be expected to possess a photographic memory and to recall the details of an incident. It is not as if a video tape is replayed on the mental screen.
VII. Ordinarily it so happens that a witness is overtaken by events. The witness could not have anticipated the occurrence which so often has an element of surprise. The mental faculties therefore cannot be expected to be attuned to absorb the details.
VIII. The powers of observation differ from person to person. What one may notice, another may not. An object or movement might emboss its image on one person's mind whereas it might go unnoticed on the part of another. IX. By and large people cannot accurately recall a conversation and reproduce the very words used by them or heard by them. They can only recall the main purport of the conversation. It is unrealistic to expect a witness to be a human tape recorder. X. In regard to exact time of an incident, or the time duration of an occurrence, usually, Case No. 56681/2016, FIR No. 381/2014 Page 52 of 61 State v. Sunny @ Lalu & Anr.
people make their estimates by guess work on the spur of the moment at the time of interrogation. And one cannot expect people to make very precise or reliable estimates in such matters. Again, it depends on the time-sense of individuals which varies from person to person. XI. Ordinarily a witness cannot be expected to recall accurately the sequence of events which take place in rapid succession or in a short time span. A witness is liable to get confused, or mixed up when interrogated later on.
XII. A witness, though wholly truthful, is liable to be overawed by the court atmosphere and the piercing cross examination by counsel and out of nervousness mix up facts, get confused regarding sequence of events, or fill up details from imagination on the spur of the moment. The sub-conscious mind of the witness sometimes so operates on account of the fear of looking foolish or being disbelieved though the witness is giving a truthful and honest account of the occurrence witnessed by him.
XIII. A former statement though seemingly inconsistent with the evidence need not Case No. 56681/2016, FIR No. 381/2014 Page 53 of 61 State v. Sunny @ Lalu & Anr.
necessarily be sufficient to amount to contradiction. Unless the former statement has the potency to discredit the later statement, even if the later statement is at variance with the former to some extent it would not be helpful to contradict that witness."
26. When the evidence of an injured eye-witness is to be appreciated, the under- noted legal principles enunciated by the Courts are required to be kept in mind:
(a) The presence of an injured eye-witness at the time and place of the occurrence cannot be doubted unless there are material contradictions in his deposition.
(b) Unless, it is otherwise established by the evidence, it must be believed that an injured witness would not allow the real culprits to escape and falsely implicate the accused.
(c) The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly.
(d) The evidence of injured witness cannot be doubted on account of some embellishment in natural conduct or minor contradictions.
(e) If there be any exaggeration or immaterial embellishments in the evidence of an injured Case No. 56681/2016, FIR No. 381/2014 Page 54 of 61 State v. Sunny @ Lalu & Anr.
witness, then such contradiction, exaggeration or embellishment should be discarded from the evidence of injured, but not the whole evidence.(f) The broad substratum of the prosecution version must be taken into consideration and discrepancies which normally creep due to loss of memory with passage of time should be discarded.
27. In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as would make it possible for them to witness the facts deposed to by them and secondly, whether there is anything inherently improbable or unreliable in their evidence. In respect of both these considerations, circumstances either elicited from those witnesses themselves or established by other evidence tending to improbabilise their presence or to discredit the veracity of their statements, will have a bearing upon the value which a Court would attach to their evidence. Although in cases where the plea of the accused is a mere denial, the evidence of the prosecution witnesses has to be examined on its own merits, where the accused raise a definite plea or put forward a positive case which is inconsistent with that of Case No. 56681/2016, FIR No. 381/2014 Page 55 of 61 State v. Sunny @ Lalu & Anr.
the prosecution, the nature of such plea or case and the probabilities in respect of it will also have to be taken into account while assessing the value of the prosecution evidence..........'.
49. The same view has also been reiterated in the Judgments titled as Rajinder @ Lala & Etc. v. State, 2010 Crl.L.J 15; Joginder v. State, 2010 Crl.L.J., 1770 and Vahitha v. State of Tamil Nadu, (2023) 3 SCR 942.
50. There are two other public witnesses examined by the prosecution i.e. PW-3 Raj Kumar Shah and PW-5 Ashok Kumar, who took the injured Bhola and Pinku (Since deceased) to the hospital and PW-3 has specifically deposed that when he reached at the spot, he found Pinku and Bhola both smeared with blood, therefore, he took them on his Rickshaw Thela to nearby hospital.
51. Even, PW-5 Ashok Kumar has stated that when he came to know that Pinku and Bhola have been injured and they have been taken to hospital by Rickshaw puller PW-3 Raj Kumar, he immediately followed him and took the injured person to DDU hospital in his car, wherein Pinku was declared dead.
52. The testimony of these two public witnesses has strengthen the case of the prosecution as to date, time of the incident as well as the condition of the injured person soon after the incident.
Case No. 56681/2016, FIR No. 381/2014 Page 56 of 61Documentary Evidence
53. Prosecution has examine PW-11 Dr. Neeraj Kumar Garg, DDU Hospital, who has proved the MLC of deceased Bhola Shah and as per which he suffered clear incised wound of 10X2 cms. around sacral region (which is at the bottom of spine and lies between L-5 and tail bone), CIW 1x1cm over right lateral aspect of pelvis. He further deposed that after primary management, the patient was referred to surgery department.
54. PW-8 Dr. Raj Shekhar had opined that the aforesaid injuries are simple in nature. However, the injury on sacral region is considered on vital part of the body by the Court since stab injuries were given on the said part of the body.
55. Further, PW-12 Dr. N. Bobo Singh, DDU Hospital has proved the MLC of deceased Pinku as PW12/A, as per which on local examination, he was found to suffer CIW over chest right side of stomach size 8X2 cms., CIW over abdomen right of size 6X2 cms., CIW over back lower of size 6X2.5 cms., CIW over back lower portion size 4X2X2 cms. and abrasion right elbow joint.
56. The aforesaid injuries corroborate the version of the prosecution that first deceased Pinku was caught hold by hands by one of the accused and the other accused gave him stab injuries. The abrasion over right elbow joint corroborates the version of catching hold of the deceased by hands from behind by the accused since it has led to abrasion and the other injuries have been opined as stab Case No. 56681/2016, FIR No. 381/2014 Page 57 of 61 State v. Sunny @ Lalu & Anr.
wounds as per the PM report proved as Ex.PW13/A. It has also been mentioned in the PM report that the third rib was cut 1 cm. away from the sternal end, corresponding to external injury No. 1. Stab wounds have also been opined to be present on the other vital parts of the body including upper lobe of right lung, posterior abdominal wall, lower margin of lever and middle of right kidney. The cause of death has been opined as "Hemorrhage secondary to stab wound over chest and abdomen of the deceased"
57. Further, PW-13 Dr. Narayan Dabas, Sr. Resident Forensic Medicine, DDU Hospital, on examination of the weapon of offence i.e. knife in relation to cloths and injuries found on the body of the deceased Pinku, has opined that the defect found on the body of the deceased were corresponding to external injuries found on his body and the said injuries were possible with a knife so produced. He has proved the said opinion on record as Ex.PW13/C. The said knife was recovered at the instance of accused Sunny @ Lalu during investigation on his disclosure statement Ex.PW15/H and the said knife was seized vide seizure memo Ex.PW15/K. The sketch of the knife has been proved as Ex.PW15/J.
58. Though it has been stated by the prosecution that FSL Biology Result of Blood Gauze of deceased has match with the belonging to the accused persons as well as on the weapon of Case No. 56681/2016, FIR No. 381/2014 Page 58 of 61 State v. Sunny @ Lalu & Anr.
offence, the FSL result has only stated that human blood was detected on the exhibits 1,2,3,5,8,9,10a,10b,11 and 12 with mentioning of blood group found on the same. However, it is without the DNA profile mentioning specifically as to whose blood was found on which exhibit.
Plea of Alibi taken by accused Sagar
59. Accused Ramanand Sagar has led defence evidence and examined DW-1 Smt. Meena who has deposed that on 06.08.2014, at about 6:00 - 7:00 p.m., she went to the house of her sister Indu situated at Rajouri Garden and during the said visit, she was informed that accused Ramanand Sagar, who is son of her sister Indu had met with an accident. She along with her sister and son went to the hospital to see accused Ramanand Sagar and remained there till 11:30 p.m. When they returned home, accused Ramanand Sagar was under treatment in the hospital. However, she has not stated the exact time as to when accused Ramanand Sagar met with the accident and the time at which she visited the hospital to see accused Ramanand Sagar.
60. The MLC of accused Sagar proved on record as Ex.PW20/C dated 06.08.2014 mentions the time of arrival as 21:56 p.m., which is soon after the incident and the history mentioned on the said MLC is Fight with some person about half an hour ago in which he sustained injury to left forearm. It has also been mentioned that Case No. 56681/2016, FIR No. 381/2014 Page 59 of 61 State v. Sunny @ Lalu & Anr.
initially the patient gave history of fall from own bike and therefore, patient is not giving proper history. This MLC has been proved by the Investigating Officer as he has deposed as PW-20 that during search of accused Ramanand Sagar, it was revealed that he was taken to Guru Gobind Singh Hospital by co-accused Sunny as Sagar sustained some injuries.
61. The testimony of DW-1 coupled with MLC of accused Ramanand Sagar proved as Ex.PW20/C clearly proves that he went to the hospital after the incident had happened at about 9:00 - 9:30 p.m. on 06.08.2014, since the hospital where he took the treatment is near the place of occurrence/spot. Hence, his plea of alibi from the spot at the time of commission of offence does not hold any water.
Final analysis:
62. It is a fundamental doctrine of criminal law that the onus to prove its case lies on the prosecution. Thus, in a criminal trial, the onus to prove the commission of offence by the accused is always upon the prosecution and the same never shifts upon the accused. The prosecution has to establish before the Court that the accused persons had committed the offence beyond shadow of all reasonable doubts.
63. In the instant case, as already discussed in the preceding paragraphs, all the prosecution witnesses supported the prosecution Case No. 56681/2016, FIR No. 381/2014 Page 60 of 61 State v. Sunny @ Lalu & Anr.
case in all material particulars. The statement of witnesses in the Court is consistent with statement made before the Police and the same is supported by medical evidence injured Bhola and deceased Pinku, as such there is no occasion to disbelieve them or to read their evidence with any doubt.
64. With this background, the prosecution has been able to prove the complicity of accused persons in the commission of crime beyond shadow of all reasonable doubts. The prosecution has been able to prove all the ingredients of the offences for which accused persons have been charged and have faced trial.
Conclusion/Findings :
65. In view of above discussions & findings, accused Sunny @ Lalu and Rama Nand Sagar are hereby held guilty and accordingly, convicted for the commission of the offences punishable under section 302 IPC read with Section 34 IPC and 307 IPC read with Section 34 IPC.
66. Let they be heard separately on the point of sentence.
67. Copy of the judgment be provided to the convicts or their respective Ld. Counsels free of cost.
Digitally signed by SHEFALI SHEFALI BARNALA BARNALA TANDON Pronounced in the open TANDON Date: 2024.07.30 17:52:57 +0530 Court on 30.07.2024 (Shefali Barnala Tandon) Additional Sessions Judge -05, (West) Tis Hazari Courts Delhi Case No. 56681/2016, FIR No. 381/2014 Page 61 of 61 State v. Sunny @ Lalu & Anr.