Parvesh & Ors. v. State

1. This appeal is directed against the judgment dated 21st November 2002 passed by the learned Additional Sessions Judge, Karkardooma Courts, Shahdara, Delhi in Sessions Case No.79/2002 arising out of FIR No.10/1998 registered at PS Shahdara convicting the Appellants for the offence punishable under Section 302 read with Section 34 Indian Penal Code (‘IPC’). The appeal is also directed against the order on sentence dated 22nd November 2002 whereby each of the Appellants were sentenced to life imprisonment with fine of Rs.5,000/- each and in default of payment of fine, to undergo rigorous imprisonment for two years.

2. The criminal justice system was set in motion by information being 2018:DHC:3272-DB received at PS Shahdara noted as DD No.7A that the dead body of a young person with several stab injuries is lying in a open plot of land behind Loni Road in Shahdara. The said DD No.7A was dated 5th January 1998 and was marked to SI Rohtash Kumar (PW-13). Accompanied by Constable Ram Phal (PW-14) and Constable Preet Singh (PW-11), PW-13 went to the spot and found a dead body of a young boy aged about 20-22 years wearing a sky blue shirt, white banyan, black pant, cream coloured underwear and sports shoes. There were a number of stab wounds on the neck, chest and abdomen of the dead body and it was lying in a pool of blood and the clothes of the deceased were also cut at several places.

3. A search of the dead body revealed two white coloured slips, in the back pocket of his pant, having certain lines written. There was a newspaper cutting and there was a one DTC ticket of Rs.2/-.

4. Attempts of getting the dead body identified by anyone from the public proved unsuccessful. In the meanwhile, the rukka was drawn up and sent to the PS for registration of the FIR. A crime team was also called there. The site plan (Ex.PW-13/C) was prepared. From the spot, a jacket of brown colour lying in the water was taken into possession. The shoes, kara and ring of the deceased were also seized. Blood lying there with the dead body was picked up. The Additional SHO who had noted the telephone numbers on the slips recovered from the dead body managed to contact one Jai Prakash who identified the dead body to be that of Mukesh (the deceased).

5. PW-13 then went in search of the relatives of the deceased. He met Suresh Chand (PW-14), son of Kallu Singh, and took him to the mortuary and he identified the deceased as his younger brother. The statement of Suresh was recorded. Thereafter, PW-13 got the dead body identified by Genda Lal (PW-6) another brother of the deceased.

6. The post mortem examination of the deceased was conducted by Dr. A.K. Tyagi (PW-3). There were as many as twenty-six external injuries, of which twenty-four were incised stab wounds. This included one on the right side of the chest which was cavity deep and incised wounds all over the front of the abdomen. The opinion given by PW-3 was that death was due to shock as a result of haemorrhage caused by the multiple injuries. The injuries were held individually and collectively to be sufficient to cause death in the ordinary course of nature. Later, when the weapon of offence was shown to PW-3, he confirmed that the injuries could have been caused with that weapon.

7. According to PW-13, on 7th January 1998, along with SI Ajay Kumar (PW-7) and Constable Ram Phal (PW-14), he proceeded in search of the accused persons as the names had appeared in the statements of the brothers of the deceased, i.e. Genda Lal (PW-6), Suresh (PW-4) and Mahesh (PW-5), as the persons last seen in the company of the deceased. The police went to Gali No.7 where there was a factory. Pravesh (A-1) was found on the first floor. His interrogation led to a disclosure and thereafter they found Jitender (A-2) in the corner of Gali No.15, Ashok Nagar. A purse containing some visiting cards, slips and documents was seized from him and sealed. The clothes of A-2 were also likewise sealed.

8. It is stated that on 16th January 1998, Devender (A-3) surrendered to the Court of Additional Chief Metropolitan Magistrate (‘ACMM’). The knife used in the commission of the offence was got recovered at the instance of A-3 from his factory. This was sealed as well.

9. On 24th February 1998, the exhibits, i.e. the knife as well as the clothes of the deceased and the accused were sent to the Forensic Science Laboratory (‘FSL’). The FSL report confirmed the presence of human blood with the blood group of ‘AB’ on the knife, the clothes of Jitender (A-2), the clothes of Pravesh (A-1) as well as the clothes of the deceased.

10. At the end of the investigation, the charge sheet was filed and by an order dated 17th June 1998, charges were framed against all the three Appellants under Section 302 read with Section 34 IPC. Fifteen witnesses were examined for the prosecution. In their respective statements under Section 313 Cr PC, each of the Appellants denied the incriminating circumstances and claimed to have been falsely implicated. However, no defence evidence was led.

11. In the impugned judgment dated 21st November 2002, the learned trial Court came to the following conclusions:-

(i) The last seen evidence put forth by the PWs- 4, 5 and 6 proved that the Appellants were seen with the deceased shortly prior to his death. The depositions of PWs- 4 and 5, while somewhat differing from each other, were not contradictory. No explanation is offered by the Appellants as to where they were if not at the spot and no evidence had been led in this regard. The last seen evidence, therefore, could not be shaken.

(ii) The death was homicidal. The multiple stab and incised wounds were caused, according to the medical evidence, by the weapon recovered at the instance of the accused.

(iii) The injuries of A-3 could not be explained by his working in the factory. He has not offered any other satisfactory explanation as to where he had got those injuries.

(iv) The non-association of public witnesses to the recoveries was not fatal to the case of the prosecution. There was no justification for discarding the evidence of the police witnesses to the recoveries, particularly since the FSL report has confirmed that the blood stains on the knife matched the blood group of the deceased.