Criminal No. – 293 of 1993
SUPREME COURT OF INDIA
Date of Judgement: 2nd November 1993
Bench: Hon’ble K Ramaswamy J., Hon’ble N Singh J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 173 Cr. P.C. (Report of police officer on completion of investigation)
- Section 300 IPC (Murder)
- Section 304 IPC (Punishment for culpable homicide not amounting to murder)
- Section 313 Cr. P.C. (Power to examine the accused)
Branch: Forensic Physics
Backstory
On 22nd June 1988 at around 7:00 P.M., 19 years Rohan and 17 years Chetan (deceased), the two sons of Col. Ajit Singh Saharan informant, both the brothers on a motorcycle bearing No. HYO-5550, started for Rohtak to meet Shakuntala Saharan (mother). At around 7:45 P.M., on the way to Rohtak at a shop, both the brothers stopped the motorcycle in front of Maruti Car bearing no. HYU-9808 at Bahadurgarh for refreshment. Maruti Car owner Manoj Kumar (accused) came and sat in his car, but he could not take out the car because of cycles and motorcycle parked aforesaid, so he started continuously blowing the car horn. Manoj Kumar started abusing and Chetan came to remove the motorcycle and asked Manoj Kumar not to hurl abuses, and there was an exchange of hot words. Manoj Kumar threatened both brothers.
Rohan and Chetan started for Rohtak; when they covered some distance, on the way they saw Manoj Kumar coming from the opposite direction and hit Chetan who was on the right side of the road, and the car proceeded at an impressive speed. Chetan’s condition was serious so Rohan stopped a matador, and took Chetan to the hospital at around 09:30 P.M., and after half an hour they declared Chetan dead. On 23rd June 1988, at around 11:55 A.M., Col. Ajit Singh Saharan lodged the FIR. They reported to HC Chand Singh; he forwarded the report to Police Station, City Bahadurgarh. On 23rd June 1988 at around 04:00 P.M., they forwarded a copy of FIR to Additional Chief Judicial Magistrate and the inquest and post-mortem examination took place.
On 23rd June 1998, the motorcycle reg no. HYU-5550 was produced before IO. IO reached the crime scene and picked up a glass piece from the spot and also blood-stained earth, including the “Maruti-800” plastic strip, which was lying on the road. On 25th June 1988, IO arrested Manoj Kumar and seized his Maruti car reg no. HYU-9808. The car was badly damaged on the right side, inside broken pieces of glass and stains of blood were recovered, and clothes of the accused were also seized.
Forensic Report
On comparison and the examination, the expert opined that the broken pieces of glass found at the crime scene and pieces of glass inside the car belongs to Maruti Car reg no. The HYU-9808 and plastic strip with “Maruti-800” found on the road was of the same car.
Judgement
Manoj Kumar convicted under Section 302 IPC and sentenced to undergo imprisonment for life.