KHALIL AHMED Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Khalil Ahmed, Sonvir @ Somvir, Sultan @ Rajesh are convicted for the offence of robbery and murder of Vimlesh and Meena vide the impugned judgment dated June 03, 2014 and directed to undergo imprisonment for life and to pay a fine of Rs. 25,000/- each for offence punishable under Section 302/34 IPC and rigorous imprisonment for 5 years and a fine of Rs. 10,000/- each for offence punishable under Section 392/34 IPC vide the order on sentence dated July 11, 2014.

(2.) Learned counsels for Khalil Ahmed and Sultan @ Rajesh contends that this is a case of no evidence against the appellants. In the charge-sheet no witness was cited who had last seen Khalil and Sultan @ Rajesh with the deceased. Roopa PW-1 deposed about the last seen evidence after one year of the incident, though this fact was not stated by her in the inquiry of the juvenile. Rajni and Gulshan PW-10 and PW-11 respectively did not depose in the Court having last seen the appellants with the deceased. The alleged recovery of Rs. 3 lakhs, two wrist watches, four pieces of gold jewellery and 8 silver ornaments at the instance of Khalil; Rs. 40,000/-, two gold chains, one wrist watch, 15 other items of gold jewellery, two pairs of pajeb and six silver coins from Sultan @ Rajesh cannot be made the basis of conviction, as no TIP of the said articles was got conducted during investigation. Further the said recovery was made belatedly after a period of 20 days in the absence of any public witness. Even in the Court no witness identified the jewellery to be that of the deceased. The learned Trial Court erroneously convicted the appellants on the ground that they did not seek the superdari of the jewellery. Thus Khalil Ahmed and Sultan @ Rajesh be acquitted.

(3.) Learned counsel for Sonvir @ Somvir submits that Khalil was the one who gave information to the Police and was also present when the dead bodies were recovered. The alleged recovery of blood stained knife and shirt have been planted on him. There is no evidence that Sonvir was last seen with the deceased. The alleged recovery of 15 gold jewellery articles, 2 pairs of silver pajeb, six silver coins and cash of Rs. 50,000/- have not been identified to be belonging to the deceased. The knife was allegedly recovered wrapped in a newspaper which was not seized. No opinion of the post-mortem doctor was taken qua the weapon. Hence the recovery of knife is not connected to the offence committed. No TIP of the jewellery was got conducted during investigation. The alleged chance prints of Sonvir are also planted. Reliance is placed on Mushir Khan @ Badshah Khan & Anr. Vs. Stae of Madhya Pradesh,2010 2 LRC 33 to contend that evidence of finger prints is not substantive evidence and the same could be at best corroborative. Hence appellant Sonvir @ Somvir be also acquitted.