Criminal Appeal No. – 211/2013
DELHI HIGH COURT
Date of Judgement: 27th May 2015
Bench: Hon’ble Sanjiv Khanna J., Hon’ble Ashutosh Kumar J.
Relevant Acts/Sections:
- Section 364 IPC (Kidnapping or Abducting in order to murder)
- Section 302 IPC (Punishment for Murder)
- Section 106 IEA (Burden of proving fact especially within knowledge)
- Section 120B IPC (Punishment of Criminal Conspiracy)
- Section 27 IEA (How much of information received from the accused may be proved)
Branch: Forensic Physics
Backstory
On 12th November 2006, Rakesh Kumar lodged a missing report of Mukesh Kumar (deceased) at Sultanpuri Police Station, who was missing when he left for Delhi for Ludhiana on 07th November 2006.
Rakesh Kumar on 16th November 2006, a detailed missing complaint of Mukesh Kumar FIR No. 1823/2006, was lodged in Sultanpuri PS, under Section 365 IPC. Rakesh Kumar stated that Raja Ram (accused) and Mukesh Kumar were in the same sales and purchase of old rubber tubes of the bicycle business. Smt. Sunitha w/o Mukesh Kumar stated on 07th November 2006 with Rs. 60,000/- Mukesh Kumar and Raja Ram went to Ludhiana for the purchase of an old rubber tube. But Raja Ram returned from Ludhiana, but Mukesh Kumar did not.
On 16th November 2006, Raja Ram was arrested from his godown at Krishna Vihar, on interrogation he disclosed his involvement along with Sonu and Ashok Kumar Chaudhary, in killing Mukesh Kumar. The accused accompanied police to Ludhiana and recovered the dead body of Mukesh Kumar by digging the floor of a room in a house at Jeevan Nagar. The entire crime scene was photographed and video graphed. Thereafter the recovered dead body of Mukesh Kumar was sent to the mortuary where the post-mortem was conducted.
Rama Shankar stated that on 06th November 2006, the accused had taken on hire two iron implements “Kassi” and “Gaiti” and also purchased 5kg of cement. On 07th November 2006 the iron implements were returned by the accused. Rama Shankar proved a receipt of the said articles.
Postmortem Report
On 18th November 2006, Dr. Ashwini Malhotra, Dr. Amandeep Sandhu and Dr. Ramninder Kaur performed a post-mortem of Mukesh Kumar. On examination of trachea and larynx, mud was found. They opined that the cause of death was shock and hemorrhage because of multiple injuries on head and face with a blunt weapon. They fixed the time of death at 7-10 days.
Forensic Report
Parshuram Singh, Assistant Director (Physics) in Forensic Science Laboratory, Rohini, Delhi. He examined the blood-stained earth, earth control, and soil (stuck on iron implements). Earth seized and the soil on the tools was found similar in physical characteristics and gave his report.
Judgement
Raja Ram has been sentenced under Section 302/120B IPC imprisonment for life, with fine Rs. 10,000/-.
The accused has also been sentenced under Section 364 IPC to undergo Rigorous Imprisonment for 10 years with a fine of Rs. 10,000/-.
The accused was sentenced under Section 364 read with Section 120B IPC imprisonment for six months for the offence of conspiracy for kidnapping.
The accused was sentenced under Section 201 IPC to undergo rigorous imprisonment for three years with fine Rs. 2000/-.