LexCHANDAN versus THE STATE (DELHI ADMN.)
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* Author [2024] 4 S.C.R. 94 : 2024 INSC 271 Chandan v. The State (Delhi Admn.) (Criminal Appeal No.788 of 2012) 05 April 2024 [Sudhanshu Dhulia* and Prasanna B. Varale, JJ.] Issue for Consideration Matter pertains to effect of lack or absence of motive, when there is testimony of a reliable eye-witness. Headnotes Penal Code, 1860 – s. 302 – Murder – Prosecution case that accused stabbed the victim multiple times with the knife he was carrying, resulting in the death of the victim – Victim’s sister-in-law witnessed the incident from a short distance – Conviction and sentence u/s. 302 by the courts below – Interference with: Held: Not called for – Blood of the deceased clearly matched with the blood found on the knife recovered from the accused, together with the ocular evidence of a reliable eye-witness of the incident – Murder, the arrest of the accused and the recovery of the knife from him happened in quick succession, with a very little time gap – Entire evidence put together by the prosecution establishes the guilt of the accused beyond a reasonable doubt – Submission that the prosecution not been able to establish any motive on the accused for committing this dastardly act is true, but since in the instant case there is nothing to discredit the eye-witness, the motive itself is of little relevance – Lack or absence of motive is inconsequential when direct evidence establishes the crime. [Paras 4-6] Case Law Cited Shivaji Genu Mohite v. State of Maharashtra AIR (1973) SC 55; Bikau Pandey v. State of Bihar [2003] Supp. 6 SCR 201 : (2003) 12 SCC 616; Rajagopal v. Muthupandi [2017] 2 SCR 84 : (2017) 11 SCC 120; Yogesh Singh v. Mahabeer Singh [2016] 7 SCR 713 : (2017) 11 SCC 195 – referred to. [2024] 4 S.C.R. 95 Chandan v. The State (Delhi Admn.) List of Acts Penal Code, 1860. List of Keywords Lack of or absence of motive; Testimony of a reliable eye-witness; Murder; Ocular evidence; Recovery of knife. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.788 of 2012 From the Judgment and Order dated 02.07.2010 of the High Court of Delhi at New Delhi in CRLA No. 130 of 1997 Appearances for Parties Ms. Richa Kapoor, Deepak Singh, Advs. for the Appellant. Mrs. Aishwariya Bhati, A.S.G., Mukesh Kumar Maroria, Mrs. Shivika Mehra, Mrs. Rajeshwari Shankar, Alankar Gupta, Akshaja Singh, Advs. for the Respondent Judgment / Order of the Supreme Court Judgment Sudhanshu Dhulia, J. 1. The appellant before this Court was convicted under Section 302 of IPC. The conviction and sentence have been upheld by the High Court in appeal. As per the prosecution it is a case of a daylight murder with a reliable eye-witness. 2. Brief facts of the case are that on 28.05.1993 at about 8:15 pm while PW-2, who was sister-in-law of the deceased was returning from Ram Bazar, the deceased and the accused were walking a few steps ahead of her. After a few minutes she saw the two, i.e. the deceased Rakesh and Chandan, grappling with each other and then she saw the accused stabbing the deceased multiple times with the knife he was carrying. The deceased fell on the ground and the accused/appellant fled away. The deceased, Rakesh, was first taken to the adjacent clinic which was a private clinic of Dr. Kalra in the vicinity, where they were advised to take him to Hindu Rao hospital which was the nearest hospital where an emergency treatment could 96 [2024] 4 S.C.R. Digital Supreme Court Reports be given to the deceased. By the time the deceased reached the hospital he was declared dead. Post-mortem was conducted on the deceased the next day i.e. on 29.05.1993, and the following ante- mortem injuries were detected: "1. An incised stab wound 22 cm x 2 cm x? places vertically on the left claricular area. (cellar bone region). 2. An incised wound 2 cm x 1 cm x? vertically present just below an moidal to the left nipple. 3. An incised wound 3 cm. x 1.5 cm x? transversally places on the middle on left arm over anterolateral surface. The medial end was actually cut. 4. An incised wound 1.5 cm. x. 0.8 cm. x? transversally placed on the back of let arm upper part. The posterior end of the injury was actually cut. Injury No. 3 and 4 were found to be communicating with each other. 5. An incised wound 2.5 cm x 1.5 x? vertically placed on the left lateral chest wall on the seventhribs, lower and was acute. 6. An incised wound 20. cm. x · 1.5 cm. x? sprindle shape on the top of let sh
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