Criminal Appeal No. – 139/2015
DELHI HIGH COURT
Date of Judgement: 6th March 2018
Bench: Hon’ble S. Muralidhar J., Hon’ble I. S. Mehta J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 34 IPC (Acts done by several persons in furtherance of common intention)
- Section 392 IPC (Punishment for robbery)
- Section 397 IPC (Robbery, or dacoity, with attempt to cause death or grievous hurt)
- Arms Act
Branch: Forensic Physics
Backstory
On 15th October 2011, at around 10:30 P.M., they received a PCR call from Mohd. Moazzam from mobile number 9990639518, that four boys were stealing from certain persons below the Adarsh Nagar metro station. The message in the PCR call was “Yahan par chaar log jo kuch logo ko loot rahe hai.” Then the information was sent to SI Afaque Ahmed of Adarsh Police Station. SI and Constable Pradeep visited the spot. SI met Head Constable Himmat Singh, who informed SI that the injured person was shifted to the BJRM Hospital in the PCR van. After checking the injured person bag, they identified the person as Harkesh Meena, a constable in Delhi Police.
Dr. Ajit Tripathi of BJRM Hospital, examined the injured and declared dead in the MLC.
On 17th October 2011, Investigating Officer called Mohd. Moazzam and he stated that he noticed three boys hitting another boy, one boy was holding the victim by the neck and other boy holding victim waist, one of the three boys pulled a knife and stabbed constable Harkesh Meena (deceased) on the head and left side chest, then the victim fell, they cut his pocket and pulled out his purse.
On 19th October 2011, at around 03:15 P.M., Inspector Virender Kadyan arrested accused Rudramani and seized MTS mobile, on the statement of Rudramani recovered and seized cash Rs. 280/- (robbed amount from deceased) a 30.9cm length (wooden handle 12.6cm and blade 18.3cm) dried blood-stained and mud Knife. Accused Sunil was arrested and seized a Samsun Mobile phone along with a purse of the Harkesh Meena. With the help of accused Rudramani and accused Sunil statements accused Rohit was arrested, and driving license of Harkesh Meena and Rs. 660/- (robbed amount from deceased), mobile phone, metro card, and a receipt of a gym was seized.
The IO visited the places of accused Rudramani, Rohit, and Sunil and seized their clothes which they were wearing at the time of the commission of a crime. Forwarded the seized materials to FSL for examination.
Postmortem Report
On 16th October 2011, at around 12:10 P.M., Dr. Bhim Singh conducted the post-mortem of Harkesh Meena dead body and opined that the cause of death was because of hemorrhagic shock consequent upon stab injury, and approximate time of death was stated to be 13-14 hours.
Forensic Report
The “O” blood group (blood group of the Harkesh Meena) was detected on the exhibits lifted from the spot and on the clothes of the deceased, the grouping of other exhibits, including pants and shirts of three accused could not be ascertained.
As per the Physics report of FSL, the cut marks on the shirt and baniyan (vest) of the deceased were examined physically and under magnification, the cut edges were found to be sharp.
As per DNA report, the DNA profile from the source of Knife and one full sleeve shirt of Rudramani was similar to the DNA profile from the source of blood gauze sample of deceased.
Judgement
Accused Rudramani, Rohit, and Sunil convicted under Sections 392/34 IPC and Section 302/34 IPC rigorous imprisonment for life with fine Rs. 1 lakh.
Accused Rudramani additionally held guilty of the offences under Section 392 read with Section 397 and Section 302/34 IPC and Sections 25, 54 and 59 of the Arms Act.