# DEEPAK KUMAR v. RA VI VIRMANI AND ANR

- **Citation:** [2002] 1 S.C.R. 786
- **Court:** Supreme Court of India
- **Decided:** 2002
- **Case number:** Criminal Appeal Nos. 927-928 of 2000
- **Bench:** Umesh C. Banerjee, K.G. Balakrishnan
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/deepak-kumar-v-ra-vi-virmani-and-anr-18464
- **Pages:** 23

## Headnote

Criminal Trial:
Murder case-Examination of witnesses-Trustworthiness-Witnesses
C though interested can be relied upon provided the evidence available on record
leads to the guilt of the accused-Independent witness-Availability or nonavailability needs to be recorded-Reason has to be furnished for nonexamination of independent witnesses.
D
Appreciation of Evidence-Article 136-ln the event of winks of doubt,
the Court in the interest of justice, can re-appraise evidence before recording
its concurrence with the findings, challenged in the appeal under Article 1 36
of the Constitution-Held, Burden of the prosecution to prove beyond all
reasonable doubts has not been discharged, there are lacunae in the evidence
and in the totality of circumstances, the prosecution case raises a definite doubt
E in the matter of involvement of accused-Hence accused acquitted-Pena/
Code, 1860-Sections 302, 452, 386 and 324, Code of Criminal Procedure,
1973-Section 313.
According to the Prosecution, respondent-complainant when
F returned to his house in the night, found the door of his house closed from
inside. As there was no response even after knocking the door, he peeped
through the glass pane and saw the body of his father lying smeared with
blood. Therefore he knocked the door with force when accused came
towards the door with 3 months' old child of the complainant in one hand
and knife in the other hand. Accused opened the latch fitted inside the
G door to come out, respondent entered the room and shouted at him. On
seeing the respondent inside the room, accused bolted the door again and
demanded a sum of Rs. S lacs .as ranson failing he will kill the child. While
complainant was grappling with accused, his child fell on the ground. At
that moment, younger brother of the complainant pushed the door forcibly
H and opened it.
786
>
'
DEEP AK KUMAR v. RA VI VIRMANI
787
Accused allegedly injured the complainant and his younger brother. A
.· Complainant's younger brother snatched the dagger type hacksaw blade
from accused to save the life of his brother. At that time complainant
shouted "Mar Diya Mar Diya", the accused inflicted injuries on the
younger brother ~f the complainant and getting himself freed, ran away.
However, on hearing the noise of 'S' one of the residents of the colony, B
arrived at the gate of the house and caught hold of the accused. In the
meanwhile complainant and his younger brother went inside the room and
found their parents and wife of the complainant lying dead and another
brother lying seriously injured in a pool of blood, who died subsequently.
Accused immediately informed the police over phone.
c
On receiving information, police reached the spot and accused along
with blood stained weapon was handed over to police. Police recorded the
statement of complaimmt and registered F.I.R. at 9.15 a.m. on the same
day. The prosecution alleged accused as the murderer. The prosecution's
definite evidence was that one part of the hacksaw blade was used in the
commission of crime whereas other part was recovered on the basis of D
disclosure statements.
Accused faced trial along with his father before the Sessions Court
under Section 302, 452, 386 and 324 I.P.C. in Sessions Case No. 3/96. The
Sessions Court found accused guilty of offence under Ss. 452, 324 and 302 E
I.P.C and sentenced him to death. It, however, acquitted father of the
accused. The death reference came before the High Court for
confirmation. High Court upon consideration of material declined to
confirm the death sentence and modified the same to life imprisonment
under Section 302 I.P.C. Aggrieved, the accused moved this Court in
appeal against the order of conviction and sentence. Complainant and the F
State have also preferred appeals against the order of acquittal/
modification of sentence.
It was contended for the appellant-State that complainant and his
younger brother had a providential escape and in the event of accused G
being let off he would not only be a

## Text

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A
DEEPAK KUMAR
v.
RA VI VIRMANI AND ANR.
FEBRUARY I, 2002
B
[UMESH C. BANERJEE AND K.G. BALAKRISHNAN, JJ.]
Criminal Trial:
Murder case-Examination of witnesses-Trustworthiness-Witnesses
C though interested can be relied upon provided the evidence available on record
leads to the guilt of the accused-Independent witness-Availability or nonavailability needs to be recorded-Reason has to be furnished for nonexamination of independent witnesses.
D
Appreciation of Evidence-Article 136-ln the event of winks of doubt,
the Court in the interest of justice, can re-appraise evidence before recording
its concurrence with the findings, challenged in the appeal under Article 1 36
of the Constitution-Held, Burden of the prosecution to prove beyond all
reasonable doubts has not been discharged, there are lacunae in the evidence
and in the totality of circumstances, the prosecution case raises a definite doubt
E in the matter of involvement of accused-Hence accused acquitted-Pena/
Code, 1860-Sections 302, 452, 386 and 324, Code of Criminal Procedure,
1973-Section 313.
According to the Prosecution, respondent-complainant when
F returned to his house in the night, found the door of his house closed from
inside. As there was no response even after knocking the door, he peeped
through the glass pane and saw the body of his father lying smeared with
blood. Therefore he knocked the door with force when accused came
towards the door with 3 months' old child of the complainant in one hand
and knife in the other hand. Accused opened the latch fitted inside the
G door to come out, respondent entered the room and shouted at him. On
seeing the respondent inside the room, accused bolted the door again and
demanded a sum of Rs. S lacs .as ranson failing he will kill the child. While
complainant was grappling with accused, his child fell on the ground. At
that moment, younger brother of the complainant pushed the door forcibly
H and opened it.
786
>
'
DEEP AK KUMAR v. RA VI VIRMANI
787
Accused allegedly injured the complainant and his younger brother. A
.· Complainant's younger brother snatched the dagger type hacksaw blade
from accused to save the life of his brother. At that time complainant
shouted "Mar Diya Mar Diya", the accused inflicted injuries on the
younger brother ~f the complainant and getting himself freed, ran away.
However, on hearing the noise of 'S' one of the residents of the colony, B
arrived at the gate of the house and caught hold of the accused. In the
meanwhile complainant and his younger brother went inside the room and
found their parents and wife of the complainant lying dead and another
brother lying seriously injured in a pool of blood, who died subsequently.
Accused immediately informed the police over phone.
c
On receiving information, police reached the spot and accused along
with blood stained weapon was handed over to police. Police recorded the
statement of complaimmt and registered F.I.R. at 9.15 a.m. on the same
day. The prosecution alleged accused as the murderer. The prosecution's
definite evidence was that one part of the hacksaw blade was used in the
commission of crime whereas other part was recovered on the basis of D
disclosure statements.
Accused faced trial along with his father before the Sessions Court
under Section 302, 452, 386 and 324 I.P.C. in Sessions Case No. 3/96. The
Sessions Court found accused guilty of offence under Ss. 452, 324 and 302 E
I.P.C and sentenced him to death. It, however, acquitted father of the
accused. The death reference came before the High Court for
confirmation. High Court upon consideration of material declined to
confirm the death sentence and modified the same to life imprisonment
under Section 302 I.P.C. Aggrieved, the accused moved this Court in
appeal against the order of conviction and sentence. Complainant and the F
State have also preferred appeals against the order of acquittal/
modification of sentence.
It was contended for the appellant-State that complainant and his
younger brother had a providential escape and in the event of accused G
being let off he would not only be a meance but a danger to complainant
and his family, as also to the Society; that the recovery of blood stained
clothes from the body of the accused and the fact that the accused left his
car at a distance and came to the place of occurrepce on a rickshaw, and
the discovery of a piece of sharpening stone which was said to have been
used to sharpen the blunt edges of the hacksaw blade, which looked like H
788
SUPREME COURT REPORTS
[2002] I S.C.R.
A a knife highlight and emphasise the deliberate motive and the intent to
commit the offence of murder.
Dismissing the appeals filed by the complainant and the State and
allowing the appeal filed by the accused the Court.
B
HELD: 1. Weapons used (as the prosecution case depicts) has been
part of hacksaw blade one end of which was wrapped with a piece of cloth.
Total length of the weapon would be 21/2 feet, which was broken into two
pieces and the piece which was said to be used for the murder of four
persons was about 11/2 feet. An industrial hacksaw blade admittedly was
C in use, which is to be screwed and bolted to the machinery for cutting steel
and sharpened through the medium of sharpening stone and the hacksaw
blade looked like a knife. Significantly, in the FIR, it has been recorded
that a knife was used by the murderer. [802-G-H; 803-A-Bl
2. Introduction of the concept of ransom, however, went totally
D hayward. Four persons are already dead, three months' old baby was
available to be a prey of accused. If the prosecution case is to be accepted,
there is no reason why the accused spared the child and after having
spared the child, killed four persons. The High Court, however, accepted
the fact of sparing the child as an instance of human conduct and the same
stands out to be a factor for transforming the death penalty to that of life
E imprisonment. [803-G-H; 804-A)
3.1. It shakes the confidence of the Court as regards trustworthiness
of the witness as to the admissibility of evidence of such witness. Witness
though be interested, can be relied upon provided however the evidence
available on record is trustworthy and creates a confidence in the mind
F of the Court that the scrutiny entails only pointing out of commission of
an offence by the accused persons and that scrutiny in totality leads to an
inevitable conclusion of the guilt of the accused. [805-D-E)
3.2. Availability or non-availability of independent witness has not
G even been referred to, neither there is available on record any explanation
as to the reason of non-examining the independent witness 'S' before the
Court. 'S' had captured the accused, and hundreds of people gathered at
the cry of complainant, but neither 'S' nor anyone of the people who
gathered there were examined. 'S', an independent witness, who would
have been a completely independent witness or anyone of the persons who
H gathered when the accused being caught, would have been examined. The
j
DEEPAK KUMAR v. RA VI VIRMANI
789
veracity of complainant's evidence could have founded corroboration and A
, .. obviously would have laid acceptance of the same without a hitch any
where. This is however not done. [806-F)
4.1. In the absence of any justifiable reasons, a doubt crept in the
mind of this Court as to whether appropriate justice has been made
available to the accused in the justice delivery system of the country/ It is B
on this score this Court found it essential to have a re-look or a further
scrutiny of the available evidence on record. (808-B-C-D)
4.2. It is true that in the normal course of events in an appeal under
Article 136 of the Constitution, the apex Court would not open the C
concurrent finding relating to appreciation of evidence, but this does not
preclude this Court from re-appraisal of the evidence in the interest of
justice, in the event of there being some winks of doubt as to the reliability
of evidence of the prosecution. It is thus not a rule steadfast but depends
on the concept of justice and the question of availability of acceptance of
evidence on record. [806-D-E)
D
Malempati Pattabhi Narendra v. Ghattamaneni Maruthi Prasad and
Ors., [2000) S SCC 226, relied on.
4.3. The prosecution sought to prove before the trial Judge that E
accused has been the murderer and to bring home the charge, examined
eight witnesses of which three are doctors, one was draftsman, one
Photographer, the Investigating Officer and the complainant and his
younger brother. However, when questioned under Section 313 Cr.P.C.
accused, apart from generally denying the allegations and pleading false
implication, stated that he had good relations with the family of the F
complainant, with whom he had no business rivalry and deceased brother
of the complainant was his classmate and they were intimate. According
to him on that day after closing his shop, he went to Gurudwara. When
returned, his car did not start, therefore, he hired a rickshaw to bring a
Mechanic. There he heard about the murder of brother and wife of the
complainant. So he went to their house. He charged complainant as being G
instrumental for the same and stated that he neither made a disclosure
statement nor any article was recovered at his instance and claimed false
implication at the instance of a Minister in the State. [795-C-E)
4.4. As regards complainant's version that his younger brother H
790
SUPREME COURT REPORTS
[2002) I S.C.R.
A entered into the house and snatched the hacksaw blade from the accused,
there is no definite evidence available as to its occurrence. [794-C)
4.5. Four adult persons were killed, none of them were ill or was of
very advance in age, and yet there was no effort on their part to resist.
An outsider unknown to the family enters the bed room with a hacksaw
B bladi and kills some persons without there being any sign of any protest
or resistance. This raises undoubtedly a doubt in the available evidence.
[807-A-B)
4.6. If the intent was to kill, the accused would have brought a
C chopper so as to get rid of the persons in one go and not a blunt edged
weapon like hacksaw blade. Burden of the prosecution to prove beyond
all reasonable doubts has not been discharged. There are lacunae in the
evidence and the totality of the circumstance raise a definite doubt in the
matter of involvement of accused. [807-D)
D
5. In the instant case, on proper perusal of the evidence on record,
E
F
it is expedient to record that both the Sessions Court as also the High
Court have not been able to appreciate the evidence in its proper
perspective by reason wherefor they have in fact failed to appreciate
evidence in its correct perspective and have thus committed a manifest
error in coming to the finding. (808-0-E)
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.
927-928 of 2000.
From the Judgment and Order dated 10.8.98 of the Punjab and Haryana
High Court in M.R. No. 5 of 1998.
WITH
Cr. A. Nos. 929-930 and Crl.A. No. 931 at 2000.
U.R. Lalit, Sushi! Kumar (NP), M.N. Krishnamani Ambhoj Kumar
G Sinha, Anish Ahmed Khan, J.P. Dhanda, K.P. Singh, Anil Hoda, S. Pani, S.
Borthakur and Raj Rani Dhanda for the appearing parties.
The Judgment of the Court was delivered by
BANERJEE, J. The appellant in Criminal Appeal No. 931/2000 faced
H trial along with his father Hari Chand before the learned Additional Sessions
..
/
..
DEEP AK KUMAR v. RA VI VIRMANI [BANERJEE, J.]
791
Judge, Faridabad under Sections 302, 452, 386 and 324 IPC in Sessions Case A
No. 3 of 1996. The learned Sessions Judge whereas recorded a finding of
guilt as against Ravi Virrnani under Sections 452, 324 and 302 IPC and
sentenced him to death under Section 302 IPC and for a period of
imprisonment already undergone by him under Sections 452 and 324 IPC.
The learned Judge, however, acquitted Hari Chand, the father of the present B
appellant being, the other accused.
Subsequently, the death reference came up before the High Court for
confirmation and by a detailed Judgment, the High Court, however, upon a
consideration of the materials declined the death reference and modified it to
life imprisonment under Section 302 IPC and the appellant herein (Ravi
Virrnani}, however, aggrieved thereby moved this Court in appeal against the C
Order of conviction and sentence. Complainant, Deepak Kumar, has also
moved this Court in appeal against the modification of sentence and thus is
the appellant in Criminal Appeals No. 927 and 928 of2000. State ofHaryana
has also preferred an appeal against the Order of acquittal of Hari Chand as
also the modification of sentence in Criminal Appeal Nos. 929 and 930 of D
2000. All these appeals, since directed against the same Judgment, stand
consolidated and being disposed of by a common Judgment as more fully
discussed herein after.
The facts depict the gruesome murder of four persons : the father aged
50 years, the mother aged 45-46 years, the wife aged 25-26 years and the E
brother aged 24-25 years of the appellant Deepak Kumar (in Criminal Appeal
Nos. 927-928 of 2000) : the prosecutor alleged Ravi Virmani is the murderer
: date of occurrence being 8th January; 1996 at about 8.15 p.m. and the place
of occurrence being the residence of the victims. The prosecutor's definite
evidence is that one part of hacksaw blade was used and the other part was
recovered on the basis of a disclosure statement said to have been effected F
after three days. Fortunately, a three months' old child, however, was safe.
It has been the prosecutor's case throughout that whereas three persons,
namely, the father, the mother and the wife had an instantaneous death, the
brother survived for some time and died shortly thereafter. Mr. Sushi! Kumar,
the learned Senior Advocate appearing in support of the appeal of the State G
contended that two brothers, who were not in the house, namely, Deepak
(being the appellant in the other appeal) and Sanjay had a providential escape
and in the event the accused is let off, he would not only be a menace but
a danger to Deepak and other members of the family - society cannot and
ought not to be submitted. Mr. Sushil Kumar accept such an offender back
into the society, therefore, the High Court was wrong in the modification of H
792
SUPREME COURT REPORTS
[2002) I S.C.R.
A the sentence from death penalty to life imprisonment : we shall deal with the
issue in detail in this Judgment but presently two other incidental facts may
be noticed, the first being recovery of blood stained clothes from the body
of the accused and secondly it is strong piece of evidence, which according
to Mr. Sushi! Kumar, stand un-contradicted to the effect that the accused left
his car at a distance and came to the place of ocr.urrence on a rickshaw - this
B piece of evidence stands highlighted to emphasis the deliberate motive and
the intent to commit the offence of murder.
The narration above has given us the details of the persons, who suffered
an unfortunate end in a very gruesome way : the body of the father was
C found in the drawing room in a pool of blood whereas that of the mother and
wife were found in one of the bed rooms and that of the brother, though not
dead at that point of time, was also found in the same room along with the
mother and the sister-in-law and as noticed above a three months' old child
escaped the wrath of the murderer. The prosecution sought to prove before
the trial Judge that Ravi Virmani has been the murderer and to bring home
D the charge, examined eight witnesses of which three are doctors (PWs 1,3
and 7), one was the draftsman for drafting the site plan (PW-4) : one
photographer (PW-5), the investigating officer and the two brothers Deepak
and Sanjay (PWs 2 and 6 respectively).
Let us also at this juncture note the observations of the High Court in
E the matter of modification of sentence from death penalty to that of life
imprisonment. The High Court observed as below:
F
G
H
"Further, we find that despite killing the four deceased, appellant
- Ravi Virmani did not even cause any injury to the three months' old
child of PW-2, even though he had the opportunity and the time to
do so, but of course no motive to do so. This is one of the mitigating
circumstances against him. But after killing the four persons, he had
to escape and before he could do so, PW-2 had come there and
knocked the door. Therefore, appellant - Ravi Virmani had used the
child only as a shield or even a weapon to save himself. Even when
he was confronted by PW-2 and then by PW-6 appellant did not kill
the child. This shows that the feelings of_sympathy had not completely
dried up in him. We also find from the evidence that after the
occurrence he was found to talk irrelevant:y. All these go to show
that something had suddenly happened or something he had seen or
discovered which led to the commission of the crime. Of course, he
had gone to the house of the complainant with the hacksaw blade but
..
)
...
..
)/
DEEPAK KUMAR v. RA VI VIRMANI [BANERJEE, J.]
793
still, in view of the fact that none had seen the occurrence actually,
one cannot be sure whether he wanted to kill one or more or all of
them. Naturally when he wanted to escape, he had to cause three
injuries to PW-2 and one injury to PW-6, but they are not of serious
nature. It has been shown by the defence that he is an educated
person and has even donated blood while in prison. It has not been
shown by the prosecution that he is such a dangerous or desperate
person who will prove to be a menace to the society so as to invite
the extreme penalty of death. The fact that he had been talking
irrelevant after the occurrence, though may not amount to a mentally
derangement, it shows that he has been mentally shaken by what had
happened. This shows that he cannot be equated with the category of
hardened criminals, whose conduct and behaviour after the occurrence
would not be remorseful. Therefore, taking into consideration the
aggravating as well as mitigating circumstances, we are of the view
that this is not one of the rarest of rare cases where the appellant -
Ravi Virmani should be awarded death penalty.
On the analysis of the entire materials we are of the view that the
murder reference has to be declined and the death penalty awarded
to him has to be modified .
Resultantly, the murder reference is declined and the death
sentence awarded to appellant - Ravi Virmani is set aside/modified.
He is sentenced to life imprisonment under Section 302 IPC."
It is at this juncture the case of the prosecution ought to be noticed and
the same runs as below:
A
B
c
D
E
On 8.1.1996 at about 8 p.m. Deepak Kumar returned to his house after F
paying obeisance in the temples and Gurdwara, found the door of his house
closed from inside, knocked at the door several times, but there was no
response from inside. Deepak Kumar peeped through the glass pane fitted
near the door and saw the body of his father lying smeared with blood and
also blood lying in considerable quantity on the floor.
G
Deepak Kumar knocked the door with force on which appellant - Ravi
Virmani, came towards the door carrying the three months' old-child of
Deepak Kumar in one hand and a long knife in the other hand. Appellant -
Ravi Virmani opened the latch fitted inside the door and Deepak Kumar
entered crying loudly "Ravi what have you done". Ravi Virmani again bolted H
794
SUPREME COURT REPORTS
[2002] I S.C.R.
A the door from inside and demanded a sum of Rs. 5 lakhs from Deepak Kumar
pointing the knife towards the son of Deepak Kumar and threatening that he
will kill child if Deepak Kumar did not pay the money. At that time while
Sanjay, the younger brother of Deepak Kumar started knocking at the door,
the complainant - Deepak Kumar was grappling with appellant - Ravi Virmani.
B His child fell on the ground from the hand of Ravi Virmani.
San jay on seeing all this, pushed the door forcibly and the bolt of the
door was broken. Sanjay also came inside, but by that time Ravi Virmani had
inflicted injuries with the knife on the face and head of complainant - Deepak
Kumar. Complainant - Deepak Kumar also received injury on his left leg
C when he was grappling.
Sanjay, who had come inside, snatched the dagger type hacksaw blade
from the right hand of Ravi Virmani to save the life of DeP-pak Kumar. At
that time Deepak Kumar came to the Gate and shouted "Mar Diya Mar
Diya". Then Ravi Virmani inflicted injuries on the mouth of Sanjay and ran
D away after getting himself freed from Sanjay.
E
F
On hearing the noise raised by Deepak Kumar, Sukh Dayal Madan,
resident of Pakistani Colony, Faridabad, arrived in the Porch in front of the
house, and caught hold of Ravi Virmani who was going out through the
·Porch.
Deepak Kumar and Sanjay went inside the room and found their mother
- Shashi Lakhani, Varsha Lakhani (wife of Deepak Kumar) lying dead and
their brother - Sun ii Lakhani lying seriously injured in a pool of blood. Their
father - Om Parkash was also lying dead be smeared with blood. Immediately
Deepak Kumar informed the Police Control Room by phone.
Prosecution emphasised that the shops of Ravi Virmani and that of the
complainant are situate side by side and Ravi Virmani was having a doubt
that the complainant was winning over his customers and ruining his business,
due to which he was nursing a grudge against the complainant and used to
protest to the complainant in that regard - that is why Ravi Virmani had
G murdered Shashi Lakhani, Varsha Lakhani and Om Parkash Lakhani and had
also caused serious injuries to Sunil, who had been removed to the Hospital
and died.
On receiving information from the Police Control Room, the S.H.0. of
Police Station NIT - Faridabad, reached the spot, to whom Ravi Virmani
H along with the blood-stained weapon was handed over.
)/
DEEP AK KUMAR v. RA VI VIRMANI [BANERJEE, J.]
795
The statement of Deepak Kumar was recorded by S.H.O. Niadar Singh, A
and completed at the spot itself at 8-50 p.m. on 8.1.1996. The formal F.l.R.
was registered at 9.15 p.m. on the same day and the F.l.R. reached the Chit:f
Judicial Magistrate, Faridab~d, at II p.m. on 8.1.1996 itself.
As noticed herein before, the prosecution examined eight witnesses B
including the investigating officer and three doctors before, however, having
a look at the evidence tendered before the Court and its appreciation by the
learned Sessions Judge as also by the High Court, statement under Section
313 Cr.P.C. of the accused needs to be looked into and considered.
When questioned under Section 313 Cr.P.C. accused - appellant - Ravi C
Virmani, apart from generally denying the allegations and pleading false
implication stated that they had good relations with the family of Om Parkash
Lakhani, with whom they had no business rivalry. He also stated that Sunil
was his classmate and they were intimate. According to him, on 8.1.1996 he
closed his shop-Mis Virmani Enterprises and at about 8 p.m. went to the
Gurdwara, after parking his car. After paying homage at the Gurdwara, when D
he returned, his car did not start, so, he hired a rickshaw for Tikona Park to
bring a Mechanic. It was 8.30 p.m. and there he heard about the murder of
Varsha and Sunil. So, he went to their house and charged Deepak as being
instrumental for the same, after which Sanjay and Deepak assaulted him
(Ravi Virmani). Meanwhile the police came and detained him for interrogation, E
but on the Morning of 9.1.1996, made him the accused. Ravi Virn1ani,
however, stated that he neither made a disclosure statement nor any article
was recovered at his instance and claimed false implication in the instance of
one A.C. Choudhary, a Minister in the State of Haryana.
The learned Sessions Judge while passing an Order of death penalty as F
against Ravi Virmani but acquitted the other accused Hari Chand, being the
father of Ravi Virmani by reason of non-availability of proper evidence and
material.
As noticed herein before, three doctors were examined in the matterthe first being Dr. V.R. Gupta, (PW-I) Medical Officer, Escorts Hospital, G
Faridabad, who happened to examine both Deepak Kumar and Sanjay on 8th
'
January, 1996. The testimony records the nature of injury as follows:
"The patient brought with alleged history of hit by some sharp
edged object at his to usd. injury at GLW over left partial region l(x) H
796
SUPREME COURT REPORTS
[2002] I S.C.R.
A
cm.
B
c
D
E
F
G
H
2. Abrasion over right sign of neck.
3. There was swelling over the left ~ee."
The testimony further recorded injuries of Sanjay as below:
"The patient was brought and alleged history of hit by one by
sharp edged object. The patient had a CLOW over nose (bridge) Yi
cm on bridge of nose. First aid treatment was given. The injury was
caused by sharp edged weapon. Ex. is the photostat copy of the
MLR."
Dr. A.K. Gupta (PW-3) conducted a postmortem examination on the
body of the deceased Varsha and found 13 specific injuries as below:
"(!) Six incised wounds of sizes 6.0 x 0.5 cm each coronally inflicted
on occipital region of scalp. The wounds were muscle deep.
(2) Incised wound 4.0 x 1.0 cm on left frontal region of scalp. On
further dissection the underlying bone was out into pieces with
brain matter injured. Clotted blood was present in cranial cavity-
(3) Incised wound 4.0 x 1.0 cm muscle deep on left temporal region
of scalp.
(4) Six incised wounds of sizes 2.5 x 1.0 cm to 6.0 x 1.5 cm on face.
The root of nose and nasal bones were fractured.
(5) Six incised wounds of sizes 2.0 x 0.5 cm each on left side of hip
joint and lateral aspect of left thigh upper third part.
(6) Incised wound 0.5 x 0.5 cm on left side of back of chest. 7.0 cm
from mid line in fifth intercostal space. On further dissection the
wound was going downward and medially, piercing the lower
lob of left lung through size 0.5 x 0.3 cm and reaching the left
atrial cavity with wound in left strium 0.5 x 0.5 cm.
(7) Incised wound 0.5 x 0.5 cm on left side of back of chest 6.0 cm
below injury No. six. On further dissection the wound peirced
the left lower lob 0.5 x 0.5 cm. Fluid blood was present in the
left pleural cavity and pericardium.
(8) Incised wound 5.0 x 3.0 cm with fracture ofunderlying bones on
posterior aspect of left hand in its lateral half part.
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DEEP AK KUMAR v. RA VI VIRMANI [BANERJEE, J.]
797
(9) Incised wound 5.0 x 3.0 cm with underlying bones fractured on A
base of left thumb area on posterior aspect.
(I 0) Incised wound 1.0 x 0.5 cm muscle deep on posterior aspect of
left forearm in its middle third part.
(11) Incised wound 1.0 x 0.5 cm skin deep on back of left elbow B
joint.
(12) Incised wound 3.0 x 1.0 cm muscle deep on front of right knee.
(13) Incised wound 5.0 x 2.0 cm on front of right leg in upper third
part. Underlying tibia bone was fractured.
All the other organs were pale and stomach contained about I 00
CC of semi-digested food and gases."
Dr. A.K. Gupta (PW-3) also conducted the postmortem examination on
the body of the deceased Om Parkash (being father of Deepak) aged about
50 years and found 10 injuries as below:
"(!) Incised wound 12.0 x 3.0 cm on right occipital region of scalp.
On further dissection the underlying bone was cut with injury in
the brain matter. Fluid blood was present in cranial cavity.
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(2) Multiple incised wounds of size as 2.5 x 1.0 cm to 6.0 x 2.0 cm
on left temper parietal region of scalp, mid parietal and frontal E
region of scalp. The wounds were in form of criss cross shape
underlying bones were fractured with injury to brain matter.
(3) Multiple incised wounds more than 20 in number in criss cross
manner on face, forehead, nose. There were fractures of nasal
bone, right and left mondibless. Clotted blood was present.
F
(4) Incised wound 6.0 x 3.0 cm on front of neck at level of right
thyroid. The wound was skin deep.
(5) Incised wound 6.0 x 3.0 cm on front ofleft forearm in its anterior
lateral part in middle third area. The wound was muscle deep. G
(6) Incised wound 5.0 x 3.5 cm on front of left wrist. Muscles were
cut and bones were visible.
(7) Incised wound 3.0 x 1.0 cm on lateral aspect of left leg in middle
third part. The wound was skin deep.
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SUPREME COURT REPORTS
[2002) I S.C.R.
· A
(8) Incised wound 3.0 x 0.5 cm on right palm. Underlying metacarple
B
c
bone was cut.
(9) Incised wound 4.0 x 2.0 cm confront of right forearm lower third
part. The underlyings both bones were cut.
(IO) Incised wound 5.0 x 1.0 cm at base of right thumb, muscles cut,
bone was visible.
All internal dragons were pale.
Stomach contained about I 00 CC of semi digested food anc! gases.
Large vessels and heart were pale. The left side of heart was empty
while right side contained dark fluid blood.
The cause of death in this in our opinion was shock and
haemorrhage and injuries to vital organ i.e. brain.
All the injuries were antemortem in nature and were sufficient to
D
cause death in ordinary course of events of life."
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G
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The postmortem examination was also effected by Dr. Gupta on the
body of Sunil aged about 25 years and there were found 16 injuries details
of which are as below:
"(!) Cut wound 10.0 x 8.0 cm on left temporo parieto occipital region
of scalp. Multiple skull bone pieces cut in between in criss cross
manner. Underlying brain matter was cut with fluid blood in
cranial cavity.
(2) Two incised wounds of sizes 6.0 x 1.5 cm each on right and left
frontal region of scalp one each. Clotted blood was present,
muscles cut and bones.
(3) Incised wound 5.0 x 1.0 cm muscles visible on right eye brow
area.
(4) Multiple incised wounds of sizes 2.5 x 1.0 cm to 6.0 x 1.0 cm
on right side of cheek, both lips and mendible area. Underlying
right maxillary and mandibular area were fractured.
(5) Incised wounds 0.5 x 0.5 cm skin deep on left side of back of
chest 4.0 cm lateral to mid line at level of 4th rib.
(6) Incised wound 0.5 x 0.5 cm skin deep on left scapular region of
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DEEP AK KUMAR v. RA VI VIRMANI [BANERJEE, J.]
799
back I 0.0 cm from mid line.
(7) Incised wound 0.5 x 0.5 cm on left side of back of chest 6.0 cm
from mid line in 6th intercostal spac~:cOn further dissection the
wound was directed downward ancliaterally and pierces the
middle lob of left lung with fluid blood was present in the left
pleural cavity.
(8) Six incised wounds of sizes 1.5 x 0.1 cm to J..O x 1.0 cm size on
back of left forearm.
(9) Incised wound 6.0 x 3.0 cm on medical surface of left forearm
in its lower third part.
(10) Incised wound 8.0 x 6.0 cm size on back of left wrist. The
underlying bones were cut into pieces in thrice cross manner.
(II) Multiple incised wound on back of left hand skin deep.
(12) Incised wound 6.0 x 1.0 cm. muscle cut on left palm.
(13) Three incised wounds of sizes 2.0 x 1.0 cm. 2.0 cm 1.0 cm 3.0
x 2.0 cm each skin deep on back of left leg in its lower third
part.
(14) Incised wound 6.0 x 3.0 cm on back of right thumb and wrist
muscles and tendon were cut.
(15) Two incised wounds of sizes 3.5 x I. cm and 2.5 x 1.0 cm on
back of right hand in deep.
(16) All right hand fingers were cut at level of termination phalanx."
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D
E
Records also depict that Dr. Gupta while conducting the postmortem F
examination on the body of Shashi (Deepak's mother) found 11 injuries on
the body of the deceased as below:
"(!) Cut wound 14.0 x 8.0 cm on left parieto occipital region of scalp
lateral to mid line. In the wound multiple skull bone pieces were
present cut in criss cross manner underlying brain matter was cut G
with fluid blood oozing and present in cranial cavity.
(2) Incised wound 6.0 x 2.0 cm on right side of forehead, eye brow
and cheek. Right eye was cut. Underlying skull bone and
maceillary bones were cut with injuries to brain matter.
(3) Incised wound 5.0 x 2.0 cm on left eye area. Left eye was cut. H
A
B
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E
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G
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SUPREME COURT REPORTS
[2002) I S.C.R.
(4) Multiple incised wound more than twenty in number on left side
of forehead, left cheek, nose, left medifular area and mid line of
chin, -the wounds were in criss cross manner. Nasal bones, left
maxillary bones and mandible were fractured.
(5) Seven incised wounds of sizes 1.0 x 1.0 cm each skin deep on
left side of front on chest.
(6) Two incised wounds of sizes 1.0 x 0.5 cm skin deep on left side
of abdomen.
(7) Incised wound 8.0 x 3.0 cm on back of left wrist and lower part
of left forearm, underlying bones were cut and muscles were
also cut.
(8) Incised wound I 0.0 x 4.0 cm on left hand at level of metacarple
bones. All metacarples bones were cut.
(9) Incised wound 2.5 x 1.5 cm on lateral aspect of right forearm in
its lower third part. Muscles were cut.
(I 0) Proximal phalanx of middle finger and middle phalanx of ring
finger of right hand were cut.
(11) Two incised wounds of sizes of 3.0 x 1.0 cm skin deep on back
of left shoulder.
All the internal organs were pale. Left side of heart was empty while
right side contained dark fluid blood. The stomach contained about 100 CC
of semi-digested food and gasses."
It is Dr. Gupta again, who stated:
"All injuries on deceased Om Parkash and Shashi could be caused
with this weapon shown to me (At this stage a sealed packet open
which found to contain hexablade which is Ex. Pl. It is the same
weapon and one corner of hexa blade was wrapped with the clothes
at that time. The piece of cloth is Ex.P.2). All the injuries on deceased
Varsha (except injuries No. 6 & 7) could be caused with this weapon.
All injuries on deceased Sunil Lakhani (except injury No. 7) could be
caused with this weapon. The weapon was sealed with three seals.
Attested sample seal used was also given. My opinion is Ex. PL/2."
In cross-examination, Dr. Gupta, however, stated:
"In injury No. I the wound will increase in the width over the
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DEEP AK KUMAR v. RA VJ VIRMANI [BANERJEE, J.]
801
skin in comparison to the width of the weapon particularly in the A
occipital region. The injury No. 2 could be caused with hard weapon.
Hard means not elastic. Knife may be elastic or without elasticity. It
is correct that as regard injury No. 2 is concerned it must have been
caused with a heavy weapon with force. The injury No. 2 could have
been caused by sharp edged of gandasa/pharsa with force. I have not B
mentioned the area of injury No. 5. It is correct that the blade shown
to me is lighter than the Gandasa/Pharsa. It is correct that sawed edge
of the hexa blade would cause lacerated wound only. Injury No. 6
could be caused by thrust ~low of knife. I have already mentioned the
injury No. 6 and 7 could not have been caused by a Hexablade shown
to me today in the Court. It is correct that injury No. 7 could have c
been caused by a knife. The possibility of inquiry No. 8 and 9 from
Gandasa or Pharsa cannot be ruled out. All the incised wounds having
width 0.5 cm could have been caused by knife which includes injury
No. 10, 11. Injury No. 12 could be caused by a knife blow. It is
correct that injury No. 13 could have been as a result of blow of D
heavy weapon like Gandasa or Pharsa. It is correct that tibia bone is
a strong bone. She must have taken food two hours before the death.
The possibility of injuries being received by the deceased at 11 or 12
AM on 8.1.96 cannot be ruled out. It is correct that if hexa blade is
dragged on the body then it would cause tailing of the incised wound.
The injury No. I on the person of Om Parkash deceased could E
have been as a result of Gandasa/Pharsa with force. Injury No. 2
could also have been caused by a pharsa or gandasa only with force.
It is correct that all the injuries on the person of deceased Om Parkash
could have been as a result of gandasa or pharsa blows.
F
All the injuries on the person of deceased Sunil Lakhani could
have been caused by a gandasa or pharsa with force.
Similarly the injuries on the person of Shashi Lakhani could have
been caused by a Gandasa or Pharsa. Injury No. 3 could have been
caused by a knife blow on the person of deceased Shashi Lakhani. G
Injury No. 4 could not have been caused by knife as and 11 could be
as a result of knife blow."
The third doctor examined in the trial being PW-7 is Dr. Amar Bajaj,
Medical Officer, B.K. Hospital, Faridabad and found the following injuries
on his person:
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SUPREME COURT REPORTS
[2002] I S.C.R.
"(I) An abrasion 2.5 cm x 1.5 cm over palmer aspect of right hand
just below the nareminance.
(2) An abrasion 2 cm x I cm over palmer aspect of right index
finger over its first and second phalanx.
(3) An abrasion 1.2 cm x 0.5 cm over palmer aspect of termiGal
Phalanx of right middle finger.
(4) An abrasion I cm x 0.5 cm over palmer aspect of proximal
phalanx of right ring finger.
(5) 0.5 cm x 0.5 cm over palmer aspect of junction of proximal and
C
second phalanx of right little finger.
D
(6) Seven abrasions of varying size measuring 0.2 cm x 0.2 cm to
I cm x 0.2 cm over back of right hand.
(7) Abrasion 0.2 cm x 0.2 cm over palmer aspect of proximal phalanx
of left hand.
(8) Abrasion I cm x 0.2 cm over left side of face just outer to left
eye.
(9) Abrasion 0. 75 cm x 0.2 cm over upper lip below right hostril.
(I 0) Abrasion I cm x 0.2 cm over left side of face outer to left angle
E
of mouth.
All the injuries were caused with blunt weapon. Nature of injuries
was simple, duration was within 12 hours."
On this state of medical evidence, the learned Sessions Judge recorded
F a death penalty for Ravi Virmani whereas the High Court modified it to life
imprisonment as noticed herein before.
Needless to record that the weapon used (as the prosecution case depicts)
has been part of a hacksaw blade one end of which was wrapped with a piece
G of cloth and Mr. Sushil Kumar points out that the same facilitates holding of
the blade. We shall deal with the evidence of the two brothers, namely,
Deepak and Sanjay slightly later but presently be it noted that the total length
of the weapon would be 2Y, feet, which was broken into two pieces and the
piece, which was said to have been used for the murder of these four persons
was about I Y, feet. Mr. Sushi! Kumar in support of the appeal of the State
H of Haryana has placed much reliance on the discovery of a piece of sharpening
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DEEP AK KUMAR v. RA VI VIRMANI [BANERJEE, J.]
803
stone, which was said to have been used to sharpen the blunt edges of the A
hacksaw blade and which as a matter of fact looked like a knife - an industrial
hacksaw blade admittedly was in use - which is to be screwed and bolted to
the machinery for cutting steel is said to have been sharpened through the
medium of a sharpening stone and the hacksaw blade looked like a knife.
Significantly, in the FIR, which has been to some extent delayed though not B
fatal to the case of prosecution, it has been recorded that a knife was used
by the murderer : does it match the instrument mentioned in the FIR that the
sharpening stone and sharpening of blunt edges of looking like a knife was
introduced though Mr. Sushi! Kumar emphatically answered in negative but
the learned Advocate for the appellant Mr.