Sessions Case No. – 58/08
DELHI DISTRICT COURT
Date of Judgement: 1st June 2010
Bench: Hon’ble SH. Sanjay Garg J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
- Section 201 IPC (Causing disappearance of evidence of offence, or giving false information to screen offender)
Branch: Forensic Physics
Backstory
On 04th February 2002, the police received a PCR call, about a dead body of a boy aged around 25-30 years near the flyover at road No. 56, SI Suresh Chand, SHO Inspector Dharam Chand, and SI Sanjay Gupta reached the spot. They found that the dead body was wrapped in a rexine bag, and the body was naked and legs were tied with an electric wire, and a banyan was tied on the neck of the dead body. SHO summoned the crime team and dog squad and prepared FIR no. 27/02 and gave it to SI Suresh Chand. After the efforts made to identify the dead body, Manjeet Singh and relatives identified the dead body as Virender Mandal.
On 13th February 2002, accused Umesh Mandal and Sanjay Mandal (Juvenile) were arrested during the custody the accused disclosed the name of Manoj Kumar who was the part during the commission of the crime. The house of Umesh Mandal was searched and white cable wire 5 meters in length was recovered. On 14th February 2002, both the accused confessed their guilt. On 15th February 2002, motorcycle Hero Honda no. DL-4-SAG-0549 was seized. Accused pointed out the place Tikona Park, Lajpat Nagar, where they murdered Virender Mandal. The house of accused Sanjay Mandal (Juvenile) was searched and recovered the purse of Virender Mandal. The dead body of Virender Mandal was forwarded to conduct a post-mortem, and the seized wire cables were forwarded to the Forensic Science Laboratory for examination.
Postmortem Report
On 11th February 2002, Dr. Sarvesh Tondon conducted the post-mortem of the deceased and opined in the report that the cause of death as asphyxia because of ligature strangulation. The time since death was 7-8 days.
Forensic Report
Dr. Swaroop Vedanand Senior Scientific Officer (Physics), FSL Delhi examined both the cable wire recovered from the dead body of Virender Mandal and the wire recovered from Umesh Mandal house and opined that both the wires having brown color paint marks and black color test marks, showing it could be pieces of one cable wire and proved his report.
Judgement
Failed to bring a record of the chain of events and the circumstances, so Umesh Mandal and Manoj Kamath both the accused are acquitted from the offences punishable under Section 302 /34IPC and Section 201 IPC.