Delhi District Court
State vs Ranvir Singh @ Munim @ Lala on 16 August, 2013
1
IN THE COURT OF MS SHAIL JAIN: SPECIAL JUDGE:
NDPS: 02: CENTRAL DISTRICT: TIS HAZARI : DELHI
SC NO. 92/11
STATE
versus
1. Ranvir Singh @ Munim @ Lala
S/o Shri Punna Ram
R/o Vegabond Jamuna Bazar
Kashmere Gate
Delhi.
2. Sajjan @ Baba
s/o Rewat Singh
R/o Vegabond Jamuna Bazar
Kashmere Gate
Delhi.
3. Gyan Chand @ Gyanu
s/o Dinesh Chand
R/o Vegabond Jamuna Bazar
Kashmere Gate
Delhi.
FIR No. : 172/11
Offence U/S : 302 /397/34IPC
Police Station : Kashmere Gate
DATE OF INSTITUTION: 20.12.2011
DATE OF JUDGMENT: 16.08.2013
JUDGMENT
1. The brief facts of the present case are that on S.C.No. 92/11 Page 1 of 56 pages 2 4.09.2011 at about 1 p.m at Ring Road, Central Verge Patri, Opposite Kela Ghat, Delhi accused Ranvir Singh @ Munim @ Lala, accused Sajjan @ Baba and accused Gyan Chand @ Gyanu committed the murder of one unknown person (deceased ), FIR was registered u/s 302 IPC. The investigation was taken over by ASI Om Parkash .The postmortem was conducted. During the investigation, the statements of witnesses were recorded. Disclosure statements of accused persons were recorded and in pursuance thereof chance prints were lifted from the scene of occurrence. After completion of investigation, accused were charge sheeted.
2. On 16/01/2012, all accused were charged for having committed the murder of unknown person u/s 302 IPC to which they pleaded not guilty and claimed trial.
3. Prosecution examined 17 witnesses in all to bring home the guilt of the accused.
S.C.No. 92/11 Page 2 of 56 pages 3 The substance of the prosecution evidence is as follows :
4. PW1 WHC Poonam recorded the DD entry No. 14 B and proved the same as EX PW1/A. She got recorded the FIR as Ex.PW1/B and proved the rukka as Ex.PW1/C.
5. PW2 Shri Subhash Kumar Mishra had stated that he used to do the work of repair of motorcycle and scooter on patri near Nigam Bodh Ghat. He used to stay at the stall on the patri for the night. At about 12.30 night, he saw that all accused persons (correctly identified) were standing in Nepali Park./ due to rain he went underneath the Hanuman Setu. In the morning when he came to his stall he saw crowd present there. He went there and saw that person who was standing with accused was lying on the road in injured condition. Police came and injured was shifted in the PCR. On inquiry by the IO he told that person was with all three accused persons on previous night.
S.C.No. 92/11 Page 3 of 56 pages 4 On 13.09.2011 police came to him and he joined them for search of accused. All accused persons were found underneath the Purana Pull near Nilee Chhatri wala Mandir. They were interrogated and arrested vide memo Ex.PW2/A to Ex.PW2/C. Their personal search was conducted vide memo Ex.PW2/D to Ex.PW2/F. Accused persons made disclosure statements which are Ex.PW2/G to Ex.PW2/I. The accused persons got effected recovery of knife from the bushes of Nepali Park and its sketch was prepared by the IO as Ex.PW2/K. Knife was sealed vide memo Ex.PW2/L. The knife was got recovered by accused Gyan. One bamboo stick was also got recovered from the bushes by accused Sajjan and accused Munim got effected recovery of danda from the bushes and same was also sealed and seized vide memo Ex.PW2/N. IO recorded his statement. Witness had identified the knife Ex.P1, wooden stick Ex.P2 and bamboo stick Ex.P3.
6. PW3 Ct Adesh Kumar had deposed that on S.C.No. 92/11 Page 4 of 56 pages 5 04.09.2011 he was posted as Duty Constable at Trauma Center, Matcalf Road, Delhi. One person was brought to the hospital by PCR. There were multiple injuries on the body of the person and he was declared brought dead. Witness had informed at PS Kashmere Gate. In the hospital, sealed pulanda containing clothes of deceased and sample seal along with MLC were given to him by the doctor and he handed over the same to Inspector Gurmail Singh who seized the same as Ex.PW3/A.
7. PW4 SI Ganpati Maharaja had deposed that on 13.09.2011, he joined the investigation of this case FIR with Inspector Gurmail Singh, ASI Om Prakash, HC Raj Kumar and Ct. Munshi Ram and they went to Jamuna Bazar then ISBT patri, Qudeshia park, Yamuna pusta and Yamuna Khadar and tried for identification of the photographs of one dead body. They also made inquiries about some Vega bonds but could not trace anyone. At about 01.00 p.m, when they were near S.C.No. 92/11 Page 5 of 56 pages 6 Nigam Bhod ghat, one Subhash Mishra met them there and he was inquired for Gyanu, Sajjan and Munim and he was also shown the photograph of the deceased. He joined the investigation and when they went towards the Purana pul near Chhatri wala mandir, he identified three boys sitting under the flyover by saying that they are the same boys who were noticed by him alongwith the person whose photograph was shown to him. IO recorded his statement. All the three accused persons were apprehended, they disclosed their names as Munim, Gyanu and Sajjan @ Baba, accused persons present in the court today, correctly identified. They were interrogated and they made disclosure statements Ex.PW2/J, Ex.PW2/H and Ex.PW2/G each bearing his signatures at point X. The accused persons also identified the place of occurrence and IO prepared memos EX.PW4/A, Ex.PW4/B and Ex.PW4/C each bearing his signatures at point A. The accused S.C.No. 92/11 Page 6 of 56 pages 7 persons were arrested vide memos EX.PW2/A, Ex.PW2/B and Ex.PW2/C, each bearing his signatures at point X and their personal search were conducted vide memo Ex.PW2/D, Ex.PW2/E and Ex.PW2/F each bearing his signatures at point X. The accused Gyanu got effected the recovery of knife from Nepali park, Ring road, opposite Nigam Bhod ghat from the bushes near a tree and stated that he had thrown the same in the bushes after commission of crime. IO prepared sketch of the same, measured the same and mentioned the measurements of the knife on the sketch Ex.PW2/K bearing my signatures at point X and sealed and seized the knife vide memo Ex.PW2/L bearing my signatures at point X. The accused Munim also got effected recovery of one wooden danda from the same place by saying that he had also thrown the danda in the bushes after commission of crime. The danda was measured and sealed and seized vide memo Ex.PW2/N bearing my signature at point X. S.C.No. 92/11 Page 7 of 56 pages 8 The accused Sajjan also got effected recovery of one bamboo stick from the same place by saying that he had also thrown the bamboo stick in the bushes after commission of crime. The bamboo stick was measured and sealed and seized vide memo Ex.PW2/M bearing his signature at point X. IO affixed the seal of GS on all the three sealed pulandas. IO recorded the statement of PW Subhash Mishra.
8. PW5 HC Satya Pal Singh had deposed that on 04.09.2011, IO Inspector Gurmail Singh handed over him three sealed pulandas with seals of GS for depositing in the Malkhana . He made relevant entry in register no. 19 at serial no. 3595/11. On 09.09.2011, Inspector Gurmail Singh handed over him one sealed blood sample alongwith sample seal for depositing the same in Malkhana. He made the relevant entry in register no. 19 at serial no. 3600/11. On 13.09.2011 again Inspector Gurmail Singh handed over him three sealed pulandas with the seal of GS alongwith copies of S.C.No. 92/11 Page 8 of 56 pages 9 seizure memos for depositing the same in Malkhana. He made the relevant entry in register no. 19 at serial no. 3604/11. On 23.09.2011, three sealed pulandas and sealed blood sample alongwith sample seal and other documents were sent to FSL through Ct. Ashok vide RC no. 171/21/11 and he made the relevant entry in register no. 19 at serial number 3595/11 and 3600/11. He received the receipt of FSL through Ct. Ashok. On 16.11.2011, three sealed pulandas alongwith other documents were sent to FSL through Ct. Rajender vide RC no. 203/21/11 and he made the relevant entry in register no. 19 at serial number 3604/11. he received the receipt of FSL through Ct. Rajender. On 07.12.2011, he received the FSL result and the exhibits from FSL through Ct. Ashok (No. 701). The result was handed over to the IO and entry regarding receiving back of pulanda was made in register no. 19 at serial number 3595/11 and 3600/11.
On 04.04.2012, he received the FSL result and three
S.C.No. 92/11 Page 9 of 56 pages
10
sealed exhibits from FSL through Ct. Ashok (No. 2359). The result was handed over to the IO and entry regarding receiving back of pulanda was made in register no. 19 at serial number 3604/11. The copy of original entry no. 3595/11 is Ex.PW5/A. The copy of original entry no. 3600/11 is Ex.PW5/B. The copy of original entry no. 3604/11 is Ex.PW5/C. The copies of Road certificate no.171/21/11 and 203/21/11 are Ex.PW5/D and Ex.PW5/E. The copy of FSL receipts are Ex.PW5/F and Ex.PW5/G. During the period, the abovesaid sealed pulandas remained in his custody, nothing was tampered or allowed to be tampered with them.
9. PW6 HC SI Mahesh Kumar had deposed that on 18.11.2011, on the request of Inspector Gurmail Singh, he reached at PS Kashmere Gate from there alongwith Inspector Gurmail Singh, he visited the place of occurrence I.e Footpath on ring road opposite Kela Ghat road where at the instance of Inspector Gurmail S.C.No. 92/11 Page 10 of 56 pages 11 Singh, he took rough notes and measurements of the spot. On the basis of those rough notes and measurements, he prepared scaled site plan which is Ex.PW6/A bearing his signatures at point A. Rough notes were destroyed after preparation of scaled site plan.
10. PW7 Dr Deepak Kumar Singh, CMO Sushrut Trauma Center had stated that on 04.09.2011 he had examined patient and had prepared MLC Ex.PW7/A.
11. PW8 Suraj had deposed that in the year 2011, he used to ply rickshaw. On 04.09.2011, after plying the rickshaw for whole day, he was taking rest at Nepali park. All the three accused Sajjan, Munim @ Lala and Gyanu, present in the court today (correctly identified) were playing cards and at about 01.00 mid night, it started raining and the three accused went towards Qilla Ghat side and they were standing near other person. As it was raining, he came under the bus shelter. Accused Sajjan and Gyanu were quarreling S.C.No. 92/11 Page 11 of 56 pages 12 with other person and that other person was not being controlled by accused Sajjan and Gyanu. Then accused Munim @ Lala went towards them with a danda and he hit on the head of that other person and accused Gyanu stabbed the other person. Sajjan also hit that person with danda after taking the same from accused Lala. Accused Sajjan snatched the money from that person. All the three accused ran away after throwing their weapons in the park.
12. PW9 Ct Ashok Dahiya had deposed that on 23.09.2011, on the directions of the IO, he took three sealed pulanda sealed with the seal of JS and one seal pulanda with the seal of STC and one sealed envelope with hospital seal alongwith two sample seal and FSL form of this case FIR from MHC(M) vide RC No. 171/21 Ex. PW5/E and deposited the same in FSL, Rohini vide receipt and gave the receipt to MHC(M) on reaching back at PS. During the tenure the sealed pulandas remained with him, nothing was tampered or allowed S.C.No. 92/11 Page 12 of 56 pages 13 to be tampered with it. His statement was recorded by the IO.
13. PW10 Dr S Lal had deposed that On 09.09.2011, he conducted postmortem on the dead body of name unknown, 40 years, male. The dead body was brought by Inspector Gurmail Singh PS Kashmere Gate. The dead body was identified by Inspector Gurmail Singh and Ct. Vijay. The dead body was brought with alleged history of being found dead in injured condition and taken to Sushruta Trauma center vide MLC No. 139299 dated 04.09.11 at 10.00 a.m vide FIR no. 721/11 and declared brought dead. The dead body was wrapped in body bag and wearing no clothes. On external examination, following injuries were found: 1 Lacerated wound 3 x 0.5 cm x bone deep over top of middle skull.
2 Lacerated wound 1.5 x 0.5 cm x bone deep over occipital area 5 cm below the injury no. 1.
3 Stab incise wound 2.5 x 0.5 cm x chest cavity
S.C.No. 92/11 Page 13 of 56 pages
14
deep on middle front of chest more on left side, horizontally placed 10.5 cm below the sternal notch. The left angle of wound is acute and the right angle is blunt. The wound enter the chest cavity by cutting costal cartilage on left side over 6th rib. The wound enter the cavity and enter the pericardium and given the neck on right artium. Total depth of the wound is 08 cm.
4 Stab incised wound 2.5 x 0.3 cm x cavity deep on left side middle front of chest, horizontally placed 2.5 cm left to midline and 14 cm below the medial end of the clavicle. The left angle of wound is acute and right angle is blunt. The wound enter the chest cavity by 5th inter costal space in backward and slightly upward direction to enter the heart. Total depth of the wound is 08 cm .
5 Stab incised wound 2 x 0.3 cm x chest cavity deep on right side lower front of chest, horizontally placed 1.5 cm from midline and 3 cm above the subcostal S.C.No. 92/11 Page 14 of 56 pages 15 margin. The inner angle is acute and other angle is blunt. The wound enter the chest cavity in downward and backward direction to perforate the diaphragm and then enter the liver. The total depth of the wound is about 07 cm.
6 Stab incised wound 2 x 0.2 cm x abdominal cavity deep over the right side front of abdomen, horizontally placed 2 cm from midline and just below the sub costal margin. The inner angle is acute and outer angle is blunt. The wound enter the cavity in downward and backward direction to enter the liver. The total depth of the wound is 07 cm.
7 Stab incised wound 2 x 0.3 cm x abdominal cavity deep over left side front of abdomen, horizontally placed 2 cm from the midline and 02 cm below the sub costal margin. The outer angle is acute and the inner angle is blunt to enter the cavity in backward and downward direction to perforate the stomach. The total depth of the wound is about 08 cm .
S.C.No. 92/11 Page 15 of 56 pages
16
8 Stab incised wound 2 x 0.3 cm x abdominal
cavity deep on left side middle front of abdomen, horizontally placed. The outer angle is acute and the inner angle is blunt. The wound enter the cavity in backward direction to cut the peritonium and intestine. Total depth of the wound 06 cm. 9 Incised wound 2 x 0.3 cm x muscle deep on right side lower back of chest, obliquely placed 13 cm from midline and 12 cm above the upper gluteal fold. 10 Reddish abrasion 8 x 1 cm on right middle outer of arm.
11 Reddish abrasion 7 x 1.5 cm over inner upper 1/3 of right arm.
12 Reddish abrasion 11 x 3 cm over right knee front. 13 Reddish bruise 9.5 x 9 cm on right knee infront. 14 Swelling with deep bruise on left upper 1/3 forearm with fracture of upper 1/3 of radius and ulna.
14. Witness has further deposed that on Internal examination, Sub scalpal extravassation of blood on S.C.No. 92/11 Page 16 of 56 pages 17 occipital area with linear fracture on occipital bone. Meninges intact, brain pale and defuse subarracnoid haemorrhage seen with contusion of inferior aspect of frontal lobe. The injury on the chest organs and the abdominal organs is already mentioned in the external injuries and about 2 ½ liter of blood mixed with clotted blood present in the cavity and all organs were pale. The stomach contained 100 ml semi liquid material and the wall is NAD (injury as mentioned).
15. Opinion: The cause of death was shock and haemorrhagic shock due to ante mortem stab injuries associated with cranio cerebral damage. All injuries were ante mortem in nature and recent in duration. The injuries no. 1,10,11,12,13 and 14 produced by blunt force impact and injuries no. 3,4,5,6,7,8 and 9 could be possible to cause by pointed tip single sharp edge weapon. Injury no. 3,4,5,6,7, 8 and head injury were sufficient to cause death individually and collectively. Time since death is about 4 ½ to 05 days. The S.C.No. 92/11 Page 17 of 56 pages 18 deceased blood was soaked on gauze piece was preserved and handed over to IO alongwith sample seal. The detailed postmortem report is EX.PW10/A bearing his signature at point A. On 11.11.11, an application was received from Inspector Gurmail Singh alongwith three numbers of sealed parcels containing said weapon of offence (2 dandas and knife) and inquest papers. The IO seeks further opinion that injuries mentioned in the postmortem report could have been caused by these weapons of offence or otherwise. The sealed parcels were sealed with the seal of GS. After opening the parcels, the said weapon of offence (1. wooden rectangular danda, 2. Cylindrical danda and 3. Knife) were taken out and examined by me. The diagrammatic and measurements of the weapons i.e (1. wooden rectangular danda, 2. Cylindrical danda and 3. Knife) given on the separate sheet no. 2. After going through the postmortem report findings and examination on the weapon of offence, I S.C.No. 92/11 Page 18 of 56 pages 19 opined that injury no. 3, 4,5,6,7,8 and 9 could be possible to cause by knife produced before me for examination and injuries no. 1,2,10,11,12,13 and 14 could be possible to cause by Cylindrical wooden danda, produced before me for examination and injury no. 10,11,12 and 13 could be possible to cause by rectangular wooden danda produced before me for examination. All three weapons of offence were re sealed with the seal of CMO I/C AAA GH alongwith sample seal, handed over to the IO. My subsequent opinion is in two pages including the sketch (no. 1 and
2), which is Ex.PW10/B bearing my signatures at point A and B.
16. PW11 HC Sunil Kumar had deposed that on 04.09.2011, at about 09.10 a.m, he received one PCR call that one person was lying unconscious infront of Nigam Bodh ghat, opposite to Kela Ghat, Ring road. Then he alongwith his staff reached at the spot. There with the help of 23 persons, he lifted that person and S.C.No. 92/11 Page 19 of 56 pages 20 shifted him to Trauma center. At that time, there was no movement in the body of that person. That person was declared dead at trauma center. That person was without shoes/chappals and no shoe/chappal was there at the spot. After shifting that person to the trauma center, he returned back to the spot. Local police was present there. His statement was recorded.
17. PW12 Ct Sumit had deposed that on 04.09.2011, he was posted at Police control room at ITO and was attending channel no. 134 from 08.00 a.m to 02.00 p.m. At about 09.09 a.m, he received call from 9873434944 that "Nigam Bodh ghat ke samne, ring road, ek admi behos padah hai". He filled up the form and same was forwarded to communication cell for further transmission to area police. Copy of PCR form is Ex.PW12/A.
18. PW13 Ct Rajender had deposed that on 16.11.2011, he was posted at PS Kashmere Gate. On the day, on the directions of the IO he took three S.C.No. 92/11 Page 20 of 56 pages 21 sealed pulandas and FSL form of this case FIR from MHC(M) vide RC No. 203/21/11 Ex.PW5/B and deposited the same in FSL, Rohini vide receipt and gave the receipt to MHC(M) on reaching back at PS. During the tenure the sealed pulanda remained with him, nothing was tampered or allowed to be tampered with it. IO also recorded my statement.
19. PW14 Ct Kanhaiya Lal had deposed that on 04.09.2011, the duty officer handed over him copies of FIR at about 02.55 p.m for delivering the same at the residencies of Joint counsel for petitioner, DCPN, Additional DCPN, ACP Kotwali and the house of Ld. MM. It was Sunday on that day. He delivered the copies accordingly at the respective houses of the abovesaid officers. After delivering the copies, he returned back to PS at about 05.00 p.m.
20. PW15 ASI Om Parkash had deposed that on 04.09.2011, he was posted at PS Kashmere Gate as ASI. On that day DD entry 14B Ex.PW1/A was marked to S.C.No. 92/11 Page 21 of 56 pages 22 him and he alongwith Ct. Satya Narain reached at opposite Kela Ghat, Ring road and it was revealed that one person who was lying on the central divider has been shifted to Sushrut Trauma Centre, Civil Lines by PCR Van. Some blood spots were also noticed at the spot and after leaving the constable Satya Narain, he went to Trauma centre and it was revealed that the person brought by the PCR Van had been declared dead. he inspected the body and there was blood stains on the clothes. He took the photographs of the deceased and then the doctors removed the clothes from the dead body and stabbed wounds were noticed on chest, abdomen and back. He then informed the SHO. SHO and Inspector Gurmail Singh also reached at Trauma centre and then they inspected the dead body. The further investigation was taken up by Inspector Gurmail Singh who tried to get the identification on the dead body done. The clothes of the deceased were sealed in a pulanda and seized vide S.C.No. 92/11 Page 22 of 56 pages 23 memo Ex.PW3/A bearing his signature at point B. Dead body was shifted to Subzi Mandi mortuary. He alongwith Inspector Gurmail Singh then again visited the spot and the crime team also reached the spot, inspected the same and took the photographs. Inspector Gurmail Singh prepared rukka and got lodged the FIR through Ct. Satya Narain. IO recorded the statement of PCR Van Incharge HC Sunil Kumar. Inspector also lifted the blood stained tile and cemented tile and earth control from the spot and sealed in three separate pulandas with the seal of GS and seized vide seizure memo EX.PW15/A. Ct. Satya Narain reached back at spot and handed over copy of FIR and original rukka to IO. The seal after use was handed over to me. Inspector also instructed me to got develop the photographs. On 09.09.11, he also joined the investigation of this case FIR when the postmortem of the deceased got conducted in the hospital and after the postmortem, the sealed blood S.C.No. 92/11 Page 23 of 56 pages 24 sample was handed over to IO and he seized the same vide memo Ex.PW15/B.
21. PW16 HC Satya Narain had deposed that on 04.09.2011, at about 9.15 a.m. he accompanied ASI Om Prakash to opposite Kela Ghat, Ring Road and on reaching there it was revealed that one person lying unconscious on the central verge of the ring road was taken to hospital by PCR. Some blood was also spotted on the central verge. ASI Om Prkash left him at the spot and went to hospital. After some time, he returned back. The crime team also reached and inspected the spot. IO handed over him a rukka and he went to PS, got lodged the FIR and collected copy of FIR and original rukka from duty officer and returned to the spot. Inspector Gurmail Singh met him there and he handed over the documents and copy of FIR to him.
22. PW17 Inspector Gurmail Singh had deposed that On 04.09.2011, he was posted at PS Kashmere S.C.No. 92/11 Page 24 of 56 pages 25 Gate as Inspector Investigation. On that day, on receiving DD no. 14B, ASI Om Parkash had reached Sushruta Trauma center, Civil Lines and from there he telephonically informed him that one unknown person who was got admitted by the PCR at Trauma center has been declared brought dead by the doctors and he is having seven stab wounds on his body. After receiving this information he alongwith the then SHO PS Kashmere Gate Inspector Madhukar Rakesh reached at Trauma center. He obtained the MLC of that unknown dead person . He also inspected the dead body and got the dead body photographed. Duty constable Aadesh produced one pulanda sealed with the seal of STC containing clothes of the deceased, same were seized vide seizure memo already Ex.PW3/A signed by him at point X. He got the dead body shifted to mortuary Subzi Mandi and searched for the eye witness but in vain. Thereafter he alongwith SHO and ASI Om Parkash reached at the spot i.e ring road, central verge S.C.No. 92/11 Page 25 of 56 pages 26 patri, opposite kela ghat and there also no eye witness was found. He inspected the spot and found blood on two tiles. He got the spot photographed and inspected by Crime Team and Incharge Crime Team handed over his report to him. Thereafter he prepared a rukka, same is Ex.PW17/A and handed over the rukka to Ct Satya Narain. He called the PCR official HC Sunil who had shifted the deceased from the spot to the Trauma center and he verified the spot. The said two blood stained tiles as well as piece of one normal tile were removed from the central verge (patri) and were kept in three separate polythene bags and three pulandas were prepared with the help of white cloth and said pulandas were sealed with the seal of GS, serial no. 1, 2 and 3 were given to these pulandas and were seized vide seizure memo already Ex.PW15/A signed by me at point X. He prepared site plan Ex.PW17/B signed by him at point X. Meanwhile Ct Satya Narain again arrived at the spot and handed over copy of FIR and S.C.No. 92/11 Page 26 of 56 pages 27 original rukka . He made efforts to find out any eye witness as well as for the identification of the dead body by loading the photograph of the dead body on ZIPNET and by way of Hue and Cry notice but in vain. In the evening of 04.09.2011, one Subhash Mishra met him near Nigam Bodh Ghat and he informed him that he had seen the dead body at the spot in the morning and the said dead body was of the person whom he had seen alongwith three persons namely Sajjan Baba, Ranvir and Gyanu, all residents of Nepali park in the intervening night of 03/04.09.2011. He recorded his statement and searched the abovesaid three persons and they were found absconding from their place of residence i.e the said Nepali park where they usually used to reside. On 05.09.2011, one person namely Narayan rickshaw puller met him, being a eye witness of this case. He recorded his statement. He again made efforts for the arrest of abovesaid three accused but in vain. On 09.09.2011, he reached mortuary Subzi S.C.No. 92/11 Page 27 of 56 pages 28 Mandi and conducted the inquest proceedings and got the postmortem of the dead body of said unknown person conducted. Brief facts of the case are Ex.PW17/D. Form no. 25.35 (1) (B) is Ex.PW17/E signed by him at point X. After the postmortem doctor handed over the blood sample of the deceased in a sealed envelope sealed with the seal of CMO I/C AAA GH. Same was seized vide seizure memo already Ex.PW15/B signed by him at point X. Thereafter the dead body was cremated and he continued his efforts for the identification of the dead body as well as for the arrest of accused persons. He collected the PM report and same was made part of the record. On 3.09.2011, he alongwith SI Ganpati Maharaj, ASI Om Parkash, HC Raj Kumar and Ct Munshi Ram left the PS in search of accused and at about 01.00 p.m, Subhash Mishra also joined them from Nigam Bodh Ghat and thereafter they all reached at Old Iron Bridge near Nili Chatri Mandir. There all the three accused were found sitting S.C.No. 92/11 Page 28 of 56 pages 29 beneath the flyover near Nili Chatri Mandir. Subhash Mishra identified all the three accused persons and the accused after seeing the police party started running but they all were apprehended at about 02.00 p.m. He interrogated all the three accused, present in the court today whose names were Sajjan Baba, Gyan Chand @ Gyanu and Ranvir Singh (correctly identified). They were arrested vide arrest memos already respectively Ex.PW2/A, 2/B and 2/C all signed by him at point X and their personal search were conducted vide memos already Ex.PW2/D, 2/E and 2/F all signed by him at point X. All the said arrest memos and personal search memos are in the handwriting of SI Ganpati Maharaj who had prepared the same on his instruction. After the interrogation of all the accused, he got their disclosure statements recorded in the handwriting of SI Ganpati Maharaj. Disclosure statement of accused Ranvir Singh is already Ex.PW2/J, disclosure statement of accused Gyan Chand is already Ex.PW2/H and S.C.No. 92/11 Page 29 of 56 pages 30 disclosure statement of accused Sajjan @ Baba is already Ex.PW2/G, all signed by Subhash Mishra at point A and by SI Ganpati Maharaj at point X. Inadvertently he had forgotten to sign the said disclosure statements. Thereafter all the three accused pointed out the place of occurrence vide pointing out memos already Ex.PW4/A, 4/B and 4/C, all signed by him at point X . Pursuant to his disclosure statement accused Gyan Chand @ Gyanu led the police party and Subhash Mishra to the bushes of Nepali Park and got recovered one Knife which was used in the commission of offence. He prepared the sketch of the said Knife which is already Ex.PW2/K signed by him at point B. Thereafter the said Knife was wrapped in a cloth and a pulanda was prepared and was sealed with the seal of GS and was taken in police possession vide seizure memo already Ex.PW2/L signed by him at point A. Thereafter accused Ranvir got recovered one Wooden danda from the nearby bushes of the Nepali S.C.No. 92/11 Page 30 of 56 pages 31 Park. He measured the said danda and mentioned the same in the seizure memo already Ex.PW2/N signed by him at point X vide which the said danda was seized after preparing a pulanda and sealing the same with the seal of GS. Thereafter accused Sajjan @ Baba also got recovered one Bamboo stick/danda from the bushes of the Nepali Park. This danda was also measured but the measurements of the same vide seizure memo already Ex.PW2/M signed by him at point X vide which the said danda was seized after preparing a pulanda and sealing the same with the seal of GS. Thereafter Subash Mishra was discharged after recording his statement and the police party alongwith all the three accused in custody reached PS Kashmere Gate. Case property was deposited in the malkhana. IO recorded the statements of PWs. On 14.09.2011 accused were produced before the court and were remanded to JC. On 23.09.2011, he got the exhibits of the present case except weapons of S.C.No. 92/11 Page 31 of 56 pages 32 offence deposited at FSL Rohini through Ct Ashok and he recorded the statement of Ct Ashok and the then MHCM. On 11.11.2011, on his direction ASI Om Parkash collected the three pulandas in sealed condition from the Malkhana containing Dandas and Knife and he handed over PM report to him and thereafter he went to mortuary Subzi Mandi and submitted the pulandas and PM report for subsequent opinion of the doctor regarding weapons of offence. On 14.11.2011, he collected the PM report alongwith subsequent opinion of the doctor and three pulandas sealed with the seal of CMO I/C AAA GH. Pulandas in sealed condition were deposited in the Malkhana and the subsequent opinion of the doctor was made part of the record. On 16.11.2011, he got the said three pulandas containing weapons of offence deposited at FSL Rohini through Ct Rajender and he recorded statement of Ct Rajender and the then MHC(M). On 18.11.2011, he alongwith draft man SI Mahesh Kumar S.C.No. 92/11 Page 32 of 56 pages 33 visited the scene of Crime and there on his pointing out SI Mahesh Kumar took measurements and prepared rough notes and later on, prepared the scaled site plan and same was made part of the record. He collected the FSL result Ex.PW17/F (running in two pages) and thereafter prepared the chargesheet and filed in the Court. On 09.04.2012, the second FSL result Ex.PW17/G was filed in the Court by way of application. The witness had identified one Knife, One Wooden Danda and one Bamboo stick and the same are already Ex.P1, P2 and P3. Cement tiles having brown stains are Ex.P4 and P5 and the plain cemented tile is Ex.P6.
23. Thereafter prosecution evidence was closed.
24. The statement of the accused persons were recorded u/s 313 Cr PC, wherein, entire incriminating evidence was put forth to them. Accused persons pleaded that they were falsely implicated in the present case. They had not committed the alleged offence.
S.C.No. 92/11 Page 33 of 56 pages 34
25. I have heard Ld. APP Sh. Vinod Kumar Sharma for the State, Ld Amicus Curiae Shri Javed Akhtar and given due consideration to the facts and circumstances of the case, evidence and the record.
26. Ld Addl. P. P. has argued that case of the prosecution is based on circumstantial evidence and all the circumstances proved in evidence are sufficient to form a complete chain pointing towards guilt of the accused persons . It is also submitted that there is last seen evidence that deceased was seen in the company of the accused persons thereafter he was not found alive.
27. On the other hand, it has been argued by Ld Amicus Curie Shri Javed Akhtar that prosecution has not been able to complete the chain of circumstances and therefore the alleged offence is not proved as against the accused persons. It is also argued that PW2 and PW8 both have stated that incident had occurred in the intervening night of 4/09/2011 and S.C.No. 92/11 Page 34 of 56 pages 35 5/09/2011 therefore, there is material contradictions between the statement of witnesses and case of the prosecution hence accused persons are entitled to the benefit of doubt. Ld Defence Counsel has limited his argument only on the point "when" the incident had taken place and no further arguments were advanced by him. It is also submitted by Ld Defence Counsel that FIR was lodged on 04/09/2011 at 9.10 a.m , therefore FIR is ante date and ante time. It is also submitted that there is no explanation given by the prosecution as to how dead body had reached on the central verge when the incident had taken place at Nepali Park.
28. I have examined the rival contentions and perused the record of the case.
29. The prosecution case is based on circumstantial evidence. The prosecution has projected following circumstances to prove the guilt of the accused :
(i) The circumstance of last seen, S.C.No. 92/11 Page 35 of 56 pages 36
(ii) post mortem report prove the time and manner of death of deceased,
(iii) recovery of weapon used by accused;
30. The judgment titled as Rukia Begum and others vs State of Karnataka (2011) 4 SUPREME COURT CASES 779 , it was held by the Hon'ble Supreme Court that :
"No doubt it is true that for bringing home the guilt on the basis of the circumstanteal evidence the prosecution has to establish that the circumstances proved lead to one and the only conclusion towards the guilt of the accused. In a case, based on circumstanteal evidence the circumstance from which an inference of guilt is sought to be drawn are to be cogently and firmly established. The circumstances so proved must unerringly point towards the guilt of the accused. It should form a chain so complete that there is no escape from the conclusion that the crime was committed by the accused and none else. It has to be considered within all human probability and not in fanciful S.C.No. 92/11 Page 36 of 56 pages 37 manner".
31. Coming to the present case, present case involves the murder of unknown person who has not been identified either by the prosecution or by the defense. The dead body of the deceased was recovered on the central verge opposite Kela Ghat, Delhi on 04.09.2011 and the same was first noticed by some person who has informed the Police Control Room from where the information was sent to Police Station Kashmere Gate at 9.10 a.m. On the basis of this, DD entry no. 14 B Ex.PW1/A, investigation was marked to ASI Om Parkash and when the person found unconscious on the central verge was declared brought dead by Doctor , Trauma Centre , thereafter the matter was investigated by Inspector Gurmail Singh along with ASI Om Parkash.
32. In respect to the last seen evidence prosecution had examined PW2 Shri Subhash Kumar Mishra who is a public witness and PW 8 Shri Suraj S.C.No. 92/11 Page 37 of 56 pages 38 who is also public witness, both of them have stated that they have seen the accused persons along with one unknown person at about 12.30 mid night. PW2 Subhash Kumar had stated that he had seen the accused persons, who were correctly identified by him, standing with another person in Nepali Park and on next morning he saw same person, who was standing with the accused Sajjan, Munim and Gyanu, was lying on the road in injured condition. PW2 had stated "Lahulahan ho kar para hai" as is specifically mentioned in examination in chief of PW2. The statement of this witness is further corroborated by PW8 Suraj who had stated that he had seen accused persons playing cards at about 1 a.m when it started raining. All three accused persons went towards Kela Ghat side and they were standing with other person. Accused Sajjan and Gyanu were not able to control over that person hence accused Muneem went towards them with a danda and he hit on the head of that S.C.No. 92/11 Page 38 of 56 pages 39 person and accused Gyanu stabbed the other person. Accused Sajjan also hit that person with danda after taking the same from accused Lala. Accused Sajjan snatched the money from that person and all three accused ran away after throwing their weapons in the park. The testimony of PW8 Suraj has been corroborated by recovery of knife, danda and wooden stick.
33. In the cross examination by Shri Javed Akhtar Ld Amicus Curiae , the testimony of PW8 remains unshattered. Witness has denied the suggestion that he had not seen the accused persons quarreling with the injured , that proves that PW8 is eye witness to the incident that had occurred. No suggestion was given to PW8 that any of these accused persons had not beaten the injured/deceased or had not tried to inflict any injury on the person of injured/deceased. PW8 Shri Suraj had specifically described the role played by each accused in commission of offence. He had not S.C.No. 92/11 Page 39 of 56 pages 40 been cross examined on this aspect by Ld Amicus Curiae and this shows that fact of role played by accused persons in the present offence has been accepted and not challenged by accused persons.
34. Thus, from the testimony of PW2 Shri Subhash Kumar Mishra, it is clear that accused persons were found in the company of deceased in mid night when he was last seen alive and by the testimony of PW8 Suraj @ Narain. it is proved that injuries were inflicted on the person of deceased by accused persons.
35. Ld Amicus Curiae had relied upon minor contradictions in respect to the date of the incident which had crept in the statements of PW2 and PW8. It is important to mention here that incident as per the case of the prosecution has occurred in the intervening night of 03/09/2011 and 04/09/2011 after mid night whereas PW2 had stated that on 04.09.2011 after finishing his work at about 12.30 mid night he saw accused persons in the company of the deceased.
S.C.No. 92/11 Page 40 of 56 pages 41 PW8 Shri Suraj had also stated that he had seen accused persons inflicting injuries on the person of deceased in the night of 04.09.2011 at about 1 a.m. It is also argued by Ld Amicus Curiae that as per prosecution case incident had occurred on the night of 3/09/11 and 04/09/2011 whereas witnesses had stated that incident had occurred in the intervening night of 04/09/11 and 05/09/11, therefore, FIR as filed by the prosecution is ante date and not reliable.
36. I am unable to accept argument of Ld Amicus Curiae in respect to the discrepancies in the date given by the public witnesses. From the testimony of PW1 WHC Punam, it is clear that in the morning of 04.09.2011 at about 9.10 a.m she had received information that one person is lying unconscious in front of Nigam Bodh Ghat, Ring Road Delhi, and on that information DD Ex.PW1/A was recorded. PW3 Ct Adesh had stated that he was posted as Duty Officer at Trauma Centre and on 04.09.2011 one person was S.C.No. 92/11 Page 41 of 56 pages 42 brought to the hospital by PCR van official, there were multiple injuries on the body of the person who was unknown at that time. He was declared brought dead. Further PW5 HC Satya Pal had stated that on 04.09.2011 he was posted at PS Kashmere Gate as Malkhana Mohrar. On that date, Inspector Gurmail Singh had handed over three sealed pulandas with the seal of GS for deposition in malkhana. PW7 Dr Deepak Kumar CMO of Trauma Centre had proved on record that on 04.09.2011, he was posted as CMO in Trauma Center and on that date unknown patient was brought to the hospital by PCR with the history of found on the road side and patient was declared brought dead. This testimony of PW7 is corroborating the testimony of PW3 Ct Adesh Kumar. PW11 HC Sunil Kumar had stated on oath that on 04.09.2011 he was posted at North Zone, PCR and on that date his duty hours were from 8 a.m to 8 p.m. At about 9.10 a.m he received one PCR call that one person was lying S.C.No. 92/11 Page 42 of 56 pages 43 unconscious in front of Nigam Bodh Ghat, opposite Kela Ghat, Ring Road. He along with staff reached at the spot and shifted the person to Trauma Centre. PW12 Ct Sumit had stated that on 04.09.2011 he was posted at Police Control Room at ITO. At about 9.09 a.m, he received call about person being lying unconscious in front of Nigam Bodh Ghat.
37. From the testimony of PW7, PW8, PW11 and PW12 it is clear that dead body was recovered in the morning of 04.09.2011 and only after receipt of information about person lying unconscious in front of Nigam Bodh Ghat, investigation had started. Unconscious person was shifted to hospital where he was declared brought dead by PW7 and thereafter investigation was marked to Inspector Gurmail Singh. All the witnesses have categorically proved that police machinery was set into motion on 04.09.2011 in the morning as per testimony of PW1 WHC Punam rukka was received by her at about 1.50 p.m and on the basis S.C.No. 92/11 Page 43 of 56 pages 44 of rukka, FIR Ex.PW1/B was recorded. Considering the whole evidence led by the prosecution, I am of the opinion that prosecution has successfully proved that dead body of the deceased was recovered on 04.09.2011 at 9 a.m approximately and discrepancies, if any, in the testimony of PW2 and PW8 while mentioning the date of incident as 4.09.2011 mid night can be explained due to result of failing memory of human being, as testimony of witnesses were recorded after lapse of considerable period of time. Some minor discrepancies are bound to occur in respect to date, when incident is of mid night or after midnight.
38. In view of this, I find no ground to disbelieve the testimony of PW2 and PW8 who had sufficiently proved the case of prosecution that accused persons were the persons who had caused fatal injuries on the person of unknown person, who was later on found to be lying on patri. Defence had not been able to prove S.C.No. 92/11 Page 44 of 56 pages 45 any material contradictions in the testimony of witnesses, which could disprove the case of the prosecution. Therefore this aspect is established by the prosecution that accused persons were in the company of the deceased when he was last seen alive.
39. Coming to post mortem report as per post mortem report which has been proved on record by PW10 Dr S Lal , post mortem was conducted on the body of the deceased on 09.09.2011. As many as 14 injuries were found on the person of the deceased , all were ante mortem as per report of PW10 Dr S Lal, 7 stabbed injuries were found on the person of the deceased , two lacerated wounds were found on the top of scalp over occipital area and 34 abrasions were found on the arm and knee of the deceased. As per opinion of PW10 Dr S Lal , time of death is about 4 and half to 5 days from the date of conduction of post mortem. It is also opined by PW10 that injuries found at Sl No. 3, 4, 5, 6, 7 to 9 were possible by pointed tip S.C.No. 92/11 Page 45 of 56 pages 46 single sharp edge weapon. Injury no. 3, 4, 5, 6,7, 8 and head injury were sufficient to cause death individually and collectively. The injury No. 1, 10 and 11, 12 , 13 and 14 produced by blunt force impact . Thus from the testimony of PW10 who had conducted post mortem examination on the body of the deceased time of death has been proved to be four and half to 5 days which matches with the incident herein. The injuries caused and found on the person of the body of deceased matches with the description of the injuries inflicted by accused persons as per testimony of PW8 Suraj.
40. Weapon of offence As per disclosure statements accused Gyan Chand @ Gyanu led the police party and Subhash Mishra to the bushes of Nepali Park and got recovered one Knife which was used in the commission of offence. IO prepared the sketch of the said Knife which is already Ex.PW2/K signed by him at point B. Thereafter accused Ranvir S.C.No. 92/11 Page 46 of 56 pages 47 got recovered one Wooden danda from the nearby bushes of the Nepali Park. Accused Sajjan @ Baba also got recovered one Bamboo stick/danda from the bushes of the Nepali Park. This portion of the testimony of accused persons is admissible in evidence.
41. It is also stated by PW10 that he had examined these three weapons of offence and had given opinion that injury no. 3, 4, 5,6,7,8 and 9 could be possible to have been caused by knife produced before him for examination and injury no. 1,2,10, 11, 12 and 13 and 14 could be possible to cause by Cylindrical wooden danda and injury no. 10,11, 12 and 13 could be possible to cause by rectangular wooden danda . Thus, prosecution has successfully proved that injuries suffered by the deceased could have been caused by weapon of offence recovered at the instance of accused persons . Though PW10 was cross examined by Ld Amicus Curiae but no suggestion was given to PW10 S.C.No. 92/11 Page 47 of 56 pages 48 which could disprove the testimony of PW10 or make any dent in the story of the prosecution. No suggestion has been given by Ld Amicus Curiae that injuries on the person of deceased could not have been caused by the weapon of offence as recovered from the accused persons or that no such injury was found on the person of deceased.
42.
43. In case Birdhichand Sarda vs State of Maharashtra (1984) 4 SCC 116 Hon'ble Supreme Court has laid down the law of circumstantial evidence. According to the principles laid down in the cases which rest on circumstantial evidence following things must be established:
(1) The circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned 'must or should' and not 'may be' established;
(2) The facts so established should be consistent
S.C.No. 92/11 Page 48 of 56 pages
49
only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty;
(3) The circumstances should be of conclusive nature and tendency ;
(4) They should exclude every possible hypothesis except the one to be proved; and (5) There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability, the act must have been done by the accused.
43. Applying these principles to the present facts and circumstance of the case, it is clear that prosecution has proved the guilt of the accused persons since the deceased was last seen alive in the company of accused persons and next morning deceased was found unconscious having stabbed injuries and other injuries on his person, it proves only S.C.No. 92/11 Page 49 of 56 pages 50 one thing ie guilt of the accused person. It is also corroborated by testimony of PW8 , chain of evidence is complete as proved by the prosecution. There are no discrepancies in the case of the prosecution as witnesses have proved that accused persons were last seen in the company of the deceased, later on, who was found unconscious on the central verge of Nigam Bodh Ghat and was declared dead in Trauma Centre.
44. Coming to the judgments relied upon by Ld Amicus Curie, in support of his arguments Ld Amicus Curiae for accused had relied upon following authorities:
"1997 JCC 467 1997 JCC 510 1998 III AD (SC) 1378 1998 (1) CC CASES 457 (HC) 1996 JCC 327 2010 IC AD (CRL) (BOM) 605 2013 (1) JCC 50 S.C.No. 92/11 Page 50 of 56 pages 51
45. The judgments 1997 JCC 510 titled as Raj Kumar vs State and judgment 1997 JCC 467 titled as Munna lal vs State relied upon by Ld Amicus are on the point of delay in lodging of FIR. In the present case, there is no delay in lodging FIR. On the receipt of information of person found unconscious on the central verge, police was set into motion and FIR was lodged at receipt of rukka. Therefore, these judgments are not applicable to the facts of the present case.
46. In the judgment 2010 IV AD (CRL) (BOM) 605 titled as Sharad vs The State of Maharashtrait was held by Hon'ble High Court of Bombay that:
" In cases where evidence of circumstantial nature is adduced, circumstances, from which conclusion of guilt is to be drawn, should be first instance be fully established and all facts so established should be consistent only with hypothesis of guilt of accused Again circumstances should be of conclusive nature and they should be such as to exclude every hypothesis but S.C.No. 92/11 Page 51 of 56 pages 52 one proposed to be proved. In other words, there must a chain of evidence so far complete and not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.
47. In the present case not only the chain of circumstantial evidence is complete but there is direct evidence given by PW8 who had seen the accused persons attacking the deceased and therefore this case also supports my view that offence of murder was committed by the accused persons.
48. In judgment 2013 (1) JCC 50 titled as Ramesh vs State of NCT of Delhiit was held by Hon'ble High Court of Delhi that:
" The last seen theory comes into play where the time gap between the point of time when the accused and deceased were seen last alive and when the deceased was found dead is so small that the possibility of any person other than accused S.C.No. 92/11 Page 52 of 56 pages 53 being the author becomes impossible.
In the present case there is no delay or gap in the last seen theory. Even otherwise circumstantial evidence is corroborated by PW8 as mentioned above.
49. In Ramesh vs State of NCT of Delhi it was also observed by Hon'ble High Court that:
"The oral evidence is inconsistent with medical evidence. The police allegedly recovered weapon of offence ie wooden piece used for inflicting injuries to the victim from the Canter, itself. However, the prosecution failed to prove if it was the weapon used to cause injuriesno independent public witness was associated at the time of recovery of the weapon".
This judgment, on this point, can be differentiated from the facts of the present case, as in the present case weapon recovered at the instance of accused persons have been examined by PW10 Dr S Lal who had given opinion specifically in respect to the specific injury which could have been caused by S.C.No. 92/11 Page 53 of 56 pages 54 the said weapons. Hence this judgment is applicable to the facts of the present case as nature of injuries found on the person of deceased and injuries which could have been caused by the weapon of offence recovered corelate with each other.
50. The judgments 2012 (2) JCC 1241 titled as Babloo Sharma vs State and judgment 2012 (3) JCC 1797 Arvind Kumar vs State (NCT of Delhi) these judgments are on the point of circumstantial evidence. In the present case it is not only the case of circumstantial evidence but also case of proving that eye witness PW8 Shri Suraj had seen accused persons attacking the deceased, who was found unconscious on the next morning and later on was declared dead in the hospital.
51. The judgments relied upon by Ld Amicus Curiae in fact, supports my contention and the case of the prosecution as neither there is any gap or delay in lodging of FIR nor there was any gap between the S.C.No. 92/11 Page 54 of 56 pages 55 deceased last seen alive with the accused persons and recovery of dead body which could give rise to any hypothesis other than the guilt of the accused persons. The decisions of Hon'ble High courts on the point that injuries found on the person of deceased should be such which could have been caused by the weapons of offence, allegedly recovered, is also proved in the present case as per testimony of PW10 Dr S Lal. Hence I am of opinion that prosecution has successfully proved the case against accused persons that they have committed the murder of unknown person.
52. Keeping in view the circumstantial evidence, the detailed discussion and the judgment of Hon'ble Supreme Court in Rukia Begum and others vs State of Karnataka and Birdhichand Sarda vs State of Maharashtra , I am satisfied that all the links in chain are complete and the evidence led by prosecution pointed out only to one conclusion that the accused is guilty. I, therefore, convict the accused persons for the S.C.No. 92/11 Page 55 of 56 pages 56 offence punishable under Sec. 302 IPC. ANNOUNCED IN THE OPEN COURT ON . 16.08.2013 (SHAIL JAIN) SPECIAL JUDGE: NDPS02 CENTRAL, DELHI S.C.No. 92/11 Page 56 of 56 pages