Case BriefsHigh Courts

Delhi High Court: A Division Bench of Siddharth Mridul and Anu Malhotra, JJ. dismissed an appeal filed against the Judgment of the trial court whereby the appellant was convicted for murder under Section 302 read with Sections 120-B and 34 IPC.

Sunil Dalal, Devashish Bhadauria and Jaskaran Singh, Advocates representing the appellant, inter alia, raised a challenge to the credibility of the prosecution witnesses who turned hostile. It was contended that the appellant was falsely implicated in the case.Per contra, Radhika Kolluru, Additional Public Prosecutor representing the State, supported the impugned judgment.

The High Court relied on Govindaraju v. State, (2012) 4 SCC 722, for the proposition that evidence of hostile witness ought to stand effected altogether, and that the same can be accepted on careful scrutiny, to the extent found dependable, and duly corroborated by other reliable evidence available on record. Relying further on Mrinal Das v. State of Tripura, (2011) 9 SCC 479, the High Court observed: “The legal position that obtains is that, the evidence of a hostile witness remains admissible, and is available for a Court to rely on the dependable part thereof, as found acceptable and duly corroborated by other reliable evidence, available on record. Whether the testimony of a hostile witness subject to scrutiny may be relied for nullified would depend on the circumstances of each case. It could be used for corroboration or he corroborated and relied upon or nullified for the availability of better evidence.”

In light of above principle, the Court perused the evidence of the hostile witnesses and held that their testimonies could have relied on the instant case to the extent to which they were dependable and corroborated by the evidence.

Similarly, appellant’s contentions regarding lack of proof of motive and discrepancy in evidence were also rejected, and it was held that no interference was warranted in the impugned judgment. Accordingly, the conviction and sentence awarded by the trial court was upheld and the appeal was dismissed.[Ashok v. State (NCT of Delhi), 2019 SCC OnLine Del 10192, decided on 20-09-2019]

Case BriefsHigh Courts

Delhi High Court: A Division Bench comprising of Vipin Sanghi and P.S. Teji, JJ, upheld the conviction and sentence passed by the trial court under Sections 498-A and 302 while acquitting him from charges under Section 304-B IPC.

The appellant had been convicted by the trial court based on circumstantial evidence, where the prosecution had linked all the circumstances by presenting evidence which pointed towards the guilt of the accused. Based on the testimonies of various witnesses, who were cross-examined by the defense but remained unshaken in their stand, the accused was held guilty under Section 498-A IPC. The High Court upheld the conviction and sentence on this count.

On the question of conviction under Section 302/304-B, the Court found enough circumstantial evidence on record for conviction under Section 302 but not for conviction under Section 304-B. Evidences on record were the murder weapon, the fact that the accused and deceased were home alone at the time of death, the fact that the crime took place in the dead of the night along and the post-mortem reports. Moreover, the appellant had alleged that some unknown trespassers had killed his wife, however, he failed to substantiate his allegations. Section 106 of the Evidence Act puts the onus of proof on the person having special knowledge surrounding the circumstances of an occurrence, and since, on that night, the only person besides the deceased in the house was the accused, he is the master of such knowledge. Therefore, the appellant has failed to discharge the onus put upon him.

Consequently, the conviction and sentence under Sections 302 and 498-A IPC were upheld and conviction under Section 304-B was reversed. The appeal was disposed of with modifications. [Dilip @ Deepak v. State,   2017 SCC OnLine Del 11854, decided on 13.11.2017]