Life term for murder upheld by Delhi High Court, not interfering in the Judgment of Trial Court and its order of sentence.
January 9, 2018
A Bench of Delhi High Court Judges Justice S. Muralidhar and Justice I.S. Mehta pronounced Judgment in Jabbar Singh V. State, CRL. A. 1148 of 2016 and refused to interfere in the Judgment and order of conviction passed by Trial Court.
The facts of the case is that hat on 29th January 2011 at around 8:12 am,
information was received at Police Station Okhla Industrial Area about a dead
body lying in kabari godown, opposite A-93, Okhla Phase-II. The above
information was logged at 8:12 am. The name of the informant was Krishan and his
mobile number was also noted. Two policemen were alerted and they reached the
spot at 8:16 am. The report received from van was that the deceased was Ram
Avtar, s/o Desh Raj, aged 45 years, resident of Village Sirsoli, P.S. Ujjaini,
Budaun District, U.P. Further, he was stated to be working in the Kabari Godown
of Shyam Lal Chawla. The report also indicates that there were injuries on the
head and the face. It notes that at the spot, the police met the nephew of the
deceased, Girish, who has given a statement. The Station House Officer of P.S.
Okhla Industrial Area had also managed to reach the spot by then.
The said case was enquired by S.I. Mukesh Kumar along with Constable Omkar and
Constable Muslim who went to the godown of Chawla kabari. There they found a
male lying dead on a cot in front of a jhuggi which is in front of Chawla
Kabari's godown. The face was imbued with blood. His pant zip and the front
button of his shirt were open. His face appeared to have been crushed. His
clothes were blood stained.
They got an FIR registered. He came back to the spot, handed over a copy of the
FIR and the original tehrir to Insp. Pradeep Kumar who was the investigating
officer. The crime team was also called. The owner/proprietor of the godown,
Shyam Chawla was examined. On the pointing out of PW-14, photos of the spot were
taken by the Crime Team. One mattress, 2 blankets, one quilt , one scarf and one
shawl, all blood stained were seized by the IO. Two plastic tumblers and two
wrappers of bhujia having Haldiram Bhujiawala written on them were also found
lying outside the gate of jhuggi and were seized by the IO The post-mortem of
the deceased was conducted by Dr. Asit Kumar Sikary at All India Institute of
Medical Sciences. He found 5 bone deep lacerated wounds over middle forehead,
the outer aspect of the eye, the right, middle and left side of forehead, the
outer aspect of the left eye and just above the right angle of the mouth. There
was another sixth lacerated wound present over the upper lip over right side
involving the whole thickness of lips. On the examination of the sub-scalp, a
haematoma was found present over the frontal and parietal region of both sides.
There was a fracture of the anterior cranial fossa involving the frontal bone
and base of the skull. Subdural haematoma was present all over the brain
amounting to about 200cc. The opinion for the cause of the death was "shock due
to cranio-cerebral injury caused by blunt external force". The first injury
individually and all the injuries collectively were held to be sufficient to
cause death in the ordinary course of nature.
on 31st January 2011, upon receipt of secret information, the Appellant, Jabbar
Singh, was apprehended from ISBT, Anand Vihar. He was arrested and a personal
search undertaken. The Appellant is stated to have given a disclosure statement.
One wrist watch, one mobile phone of Nokia make, cash of Rs.430/- and 3 bus
tickets were recovered from the Appellant..
The Appellant purportedly led the police to the spot, pointing out the place of
the incident and disclosed that he could aid in the recovery of the 10kg weight
used by him in the murder of the deceased. The Appellant is stated to have led
the police to the vacant plot in front of Plot No.A-90-91, Okhla Phase-II, New
Delhi and got recovered the 10kg weight from behind a bush. It was seized and
sealed with the seal of PK. On 1st February 2011, after obtaining police remand
for a day, the police was led by the accused again to the place of occurrence
and he produced the clothes he was wearing at the time of the incident from a
tub. PW-24 found that the above mobile No. 9717923464 was issued to one
Dharmender. The consumer application form of PW-5 was collected Trial Court
concluded that the circumstances proved on record by the prosecution established
that it was the Appellant, and no one else, who murdered the deceased by using
the 10 kg iron weight.
While disposing off the appeal Delhi High Court said that:
"In the considered view of this Court therefore, the prosecution has been
able to prove beyond reasonable doubt each of the above-stated material
circumstances which unerringly point to the guilt of the Appellant and is wholly
inconsistent with his innocence."
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Read the Judgment of High Court of Delhi in Jabbar Singh V. State dated 8.1.2018