Criminal Appeal no: 410-411 of 2012
DELHI DISTRICT COURT
Bench: Hon’ble H.L. Dattu J., Hon’ble Sudhanshu Jyoti Mukhopadhaya J., Hon’ble M.Y. Eqbal J.
Date of judgment: 24th March 2011
Relevant Acts/Sections:
- Section 302 of IPC (Punishment for murder)
- Section 307 of IPC (Attempt to murder.)
- Section 394 of IPC (Voluntarily causing hurt in committing a robbery.)
- Section 397 of IPC (Robbery, or dacoity, with an attempt to cause death)
- Section 450 of IPC (House-trespass to commit an offence punishable with imprisonment for life.)
- Section 27 of IPC (Property in possession of wife, clerk or servant.)
- Section 354(3) of Cr.Pc (When the conviction is for an offense punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.)
- Section 43 of Cr.Pc (Arrest by private person and procedure on such arrest.)
Backstory
In this case, according to the prosecution, the accused-Santosh Kumar Singh was known to the family of Gulam Mohd. including his wife, Noorjahan, son Javed Akhtar, and daughters viz. Rozi @ Razia and Zeenat Parveen. He was a tutor in the family. On 7th May 2010, the accused came to their house in Sector No.12, Quarter No.B-664, N.C.L. Colony, Singrauli at about 2 p.m. He had a chat with Noorjahan Begum (deceased) for about 30 minutes. In the same room beside her Rozi @ Razia Khatoon and Zeenat Parveen was also present. Javed Akhtar (deceased), son of Noorjahan Begum was sleeping in the bedroom. Again, the accused came back and knocked on the door; Zeenat Parveen opened the door and the accused came inside. The accused pulled out an iron hammer from his T-shirt and hit on the head of ZeenatParween two-three times with the hammer. The accused, thereafter, intending to kill Noorjahan Begum and Javed Akhtar also hit them with the hammer on their heads. After that accused hit Rozi @ Razia by the hammer on her head and Razias head got fractured. The accused opened the almirah, suitcases, and boxes and looted two gold chains, one pair of tops, one pair of Bali, one pair of jhala, three rings, one nose pin, and four pairs of silver anklets, artificial jewelry, etc. and Rs. 23,000/- cash of Noorjahan Begum. He also took out four brass bangles from the hands of Noorjahan Begum.
Noorjahan Begum died on the spot. On hearing shrieks of Rozi @ Razia, Ramesh Satnami. Ramawadh Pal and other people of the colony came. At the time of the incident, Gulam Mohd. was on duty. The FIR was filed under the Police Station Vindhya Nagar. Noorjahanand Javed Akhtar, in Police Chauki Jayant, P.S. Vindhya Nagar, and an investigation was started.
Sub-Inspector, J.S. Paraste, on the same day, went at the spot and prepared the inquest memo of the body of Noorjahan Begum. The dead body of Noorjahan Begum and Javed Akhtar were sent for postmortem examination. Dr. Vinod Sharma examined the injuries of Razia Khatoon and Zeenat Parveen and found injuries on their heads. The injuries, grievous in nature, were dangerous to life.
After due investigation, the charge sheet was filed and the case was committed for trial. The appellant denied the guilt and pleaded false implication but he did not adduce any evidence in his defense.
The prosecution examined altogether 16 witnesses and produced several documentary evidence to prove their case. The Trial court on the appreciation of the evidence held the accused guilty and convicted and sentenced him for the offense, which was affirmed by the High Court.
Postmortem Findings
Dr. V.N. Satnami, who performed the postmortem examination of the body of Noorjahan Begum found the following injuries on her body:
(1)Reddish contusion 5 cm x 4 cm present on the right side of the forehead. A red blood clot was deposited under the skin.
(2)Lacerated wound 5 cm x 3 cm x bone deep in the middle of the forehead posteriorly with depressed multiple fractures of the underlying bone.
(3) Lacerated wound 4 cm x 3 cm x bone deep on left occipital parietal region of the head with depressed multiple fractures of underlying bones.
In his opinion, the death of deceased Noorjahan had occurred as a result of a coma due to head injury and death was homicidal. The postmortem examination report was written and signed by him.
Dr. Satnami performed a postmortem examination of the body of deceased Javed Akhtar and found the following injuries:
(1) Lacerated wound on left parietal region of the head 2 cm x 1 cm x bone deep with peripheral contusions in size of 6 cm x 5 cm. subcutaneous reddish blood clot with multiple depressed fractures of the underlying bone.
(2) Reddish contusion on occipital region of the head 5 cm x 4 cm in size with subcutaneous reddish blood clot with a depressed fracture of the underlying bone.
In his opinion, the death of Javed Akhtar had occurred as a result of coma due to injury and Death was homicidal.
Judgment
The court held that there was nothing specific to suggest the motive for committing the crime except the articles and cash is taken away by the accused. The accused had committed a heinous crime, so, this case failed in the rarest of the rare category. The death sentence of the appellant was converted into life imprisonment. The conviction and rest part of the sentence was affirmed.
Appeals were partly allowed.