Delhi High Court
Sanjay Kumar vs State on 17 September, 2014
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: September 17, 2014
+ CRL.A. 1533/2013
SANJAY KUMAR ..... Appellant
Represented by: Mr.K.Singhal, Advocate with
Mr.Siddharth Mittal, Advocate
versus
STATE ..... Respondent
Represented by: Mr.Lovkesh Sawhney, APP for
the State
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
PRADEEP NANDRAJOG, J. (Oral)
1. Sanjay has been convicted for having murdered Dhananjay and
Akshay vide judgment dated August 29, 2013 and as per order dated
September 03, 2013 has been sentenced to undergo imprisonment for life
and pay fine in sum of `1 lakh, upon realization to be paid to the family of
the deceased as compensation.
2. The conviction has been sustained on the testimony of Rishi PW-4.
3. The PCR log Ex.PW-2/A would evidence that at 20:20:19 hours on
October 24, 2009, Rishi PW-4 had informed of acid burn being caused at
factory No.H-71, Bawana Industrial Area. The said PCR log would further
evidence that a Police Control Room van nearby had reached the place of the
incident and removed Dhananjay and Akshay to the hospital, information
whereof was conveyed over the wireless at 20:35:05 hours to the Police
Control Room. This establishes Rishi's presence at the time of the incident
at the spot.
4. Rishi PW-4 has stated that he as well as Akshay and Dhananjay were
employed at factory No.71, DSIDC, Bawana, the owner whereof was
Rajinder Kumar. Plastic molding work was undertaken at their factory.
Sanjay was employed at the adjoining factory : H-72, DSIDC, Bawana. On
the day of chhatt puja in the year 2009 everybody was making merry.
Liquor had been arranged for. He, Sanjay, Akshay and Dhananjay
consumed alcohol. Akshay and Sanjay were joking but suddenly they
started abusing each other. Sanjay caught Akshay by the collar. Lakhender
and Rajiv came and intervened. Dhananjay separated Akshay, and Rajiv and
Lakhender separated Sanjay. Sanjay threatened Akshay that he would not
spare him. He rushed inside his factory and brought out a jug full of acid
and threw it on Dhananjay and Akshay. The two rushed towards the water
tank in the factory. They took off their clothes and jumped in the water. He
informed the Police Control Room, a PCR van came and took Dhananjay
and Akshay to the hospital where they died.
5. From Rishi's testimony it is apparent that there was no premeditation.
In a drunken state, while joking, something transpired between Akshay and
Sanjay which led the two to become physical with each other. Dhananjay,
who was Akshay brother, intervened instinctively. The three were separated
by Rishi, Lakhender and Rajiv.
6. Question which arises is : Whether Rishi has correctly and truthfully
stated that after they were separated, Sanjay rushed inside factory No.H-72
and came out with a jug full of acid.
7. As noted above, Rishi has said that after acid was thrown on Akshay
and Dhananjay by Sanjay, the two jumped inside a water tank in the factory.
8. Now, concededly the water tank is in factory No.H-72, DSIDC,
Bawana and not H-71, DSIDC, Bawana, for the reason at factory No.H-71,
DSIDC plastic molding work used to be done. As deposed to by Dalip
Kumar PW-12, owner of the factory where Sanjay used to work, being at H-
72, DSIDC, Bawana, work of drawing of wires was being done which
required nitric acid to be used. Three water tanks were constructed in said
factory.
9. As per Rishi the drinking and merry making was at factory No.H-71,
DSIDC, Bawana.
10. The place where acid has been thrown on Akshay and Dhananjay is
concededly the gate of factory No.72, DSIDC, Bawana.
11. This probabilizes, certainly does not rule out, Akshay and Dhananjay
chasing Sanjay after Rajiv, Lakhender and Rishi intervened to separate
Akshay and Sanjay. This does not rule out Sanjay seeing the can of nitric
acid inside the factory and to save himself, picking up a jug lying nearby;
taking out acid from the can and throwing the same on Akshay and
Dhananjay. What we need to bring out is that Rishi's version that after the
three were separated, Sanjay went inside the factory and came out with acid
in a jug and threw the same on Akshay and Dhananjay is most probably an
exaggeration.
12. The reason for said exaggeration appears to be Sanjay's
rudimentary knowledge that something done in the heat of passion reduces
the gravity of the wrong but if there is a lapse of time between passion and
the act, reason to interpose, the wrong is of a higher degree.
13. The scene of the crime being the gate of factory No.H-72, the two
injured with nitric acid jumping into a water tank in factory No.H-72, makes
it far more likely that the two injured had chased Sanjay as a sudden
quarrel ensued between Sanjay and Akshay when Sanjay, Akshay, Rishi
and Dhananjay were making merry on Chhat Puja day and were
consuming alcohol. On being separated, Sanjay ran inside the factory
where he was working and was also residing. Akashay and Dhananjay
chased him. When the heat of the moment was on, Sanjay picked up a jug,
and from a can nearby, filled nitric acid in the jug and splashed the same on
Akshay and Dhananjay. It is most unfortunate that the two died due to acid
burns. The photographs of the dead body of the two would show that acid
was splashed at them and not poured over them; their forehead and head is
not damaged. Acid burns are on the face, below the nose and on the chest.
14. The offence committed by Sanjay is therefore culpable homicide not
amounting to murder punishable under Section 304 Part II IPC. We convert
his conviction from the offence punishable under Section 302 IPC to the
offence committed under Section 304 Part II IPC.
15. Since two deaths have resulted we sentence Sanjay to undergo
imprisonment for eight years. Needless to state Sanjay shall be given the
benefit of Section 428 Cr.P.C.
16. Two copies of this decision be sent to the Superintendent Central Jail
Tihar, one to be supplied to Sanjay and the other for the Jail record.
17. TCR be returned.
(PRADEEP NANDRAJOG)
JUDGE
(MUKTA GUPTA)
JUDGE
SEPTEMBER 17, 2014/skb
