New Delhi, A Delhi court has convicted a man for murdering his cousin in 2019 based on circumstantial and forensic evidence, but acquitted his accomplice as it could not be proved that he was involved in the offence “in pursuance of a common intention”.
Additional Sessions Judge Geetanjali was hearing a case lodged under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act against Sanaullah and Bapi Das.
“I am of the considered opinion that the prosecution has successfully proved the chain of events and evidence, which clearly and unequivocally points only to the guilt of accused Sanaullah in the murder of deceased Azruddin. However, the prosecution has failed to bring home the guilt of accused Bapi Das,” the judge said in her order dated March 27.
According to the prosecution, Azruddin had migrated to Delhi for embroidery work and frequently visited his cousin Sanaullah’s home, where he developed feelings for the latter’s younger sister, Hanifa. This was opposed by his aunt and Sanaullah, who threatened Azruddin with harm, forcing him to leave for Hyderabad.
About a month before the incident, Azruddin returned to Delhi with one Aslam and began working with his brother-in-law. On August 4, 2019, Sanaullah called him, asking to meet. Azruddin went with Aslam, who was then asked to wait near a tea stall. When Aslam later called Azruddin, Sanaullah answered the phone, asked him to wait for 15-20 minutes and gave directions to a factory. Aslam reached the factory but found Azruddin’s phone switched off. He informed Azruddin’s relatives, leading to a PCR call.
On August 5, 2019, a complaint was filed by Azruddin’s brother, Abbas Golder. Soon after, Azruddin’s body was found from the Canal Colony in Madanpur Khadar, with five stab injuries and his throat slit.
The court noted that the victim was last seen alive with the accused on August 4, 2019, supported by CCTV footage showing Azruddin with Sanaullah and Das near a beer shop at the Jasola Mall. Aslam’s testimony corroborated this. Testimonies from the investigating team and a Forensic Sciences Laboratory report had confirmed that there was no tampering with the footage.
Since Azruddin was last seen at 4 pm on August 4, 2019, and his body was found at 10 am the next day, the timeline fell within the recorded “time since death” of 24 to 48 hours in the post-mortem report.
“This further shifts the blame of the present murder towards the accused persons,” the court said.
It also held that the accused failed to discharge the burden under section 106 of the Indian Evidence Act. Once it was established that the deceased was last seen with the accused, the burden shifted to the latter to explain subsequent events.
“Since the accused failed to do so, it must be held that he failed to discharge the burden cast upon him by section 106 of the Evidence Act. This circumstance, therefore, provides the missing link in the chain of circumstances, which proves his guilt beyond a reasonable doubt,” the court said.
It further said the disclosures made by Sanaullah in police custody, admissible under section 27 of the Evidence Act, allows the admission of information provided by an accused that leads to the discovery of a relevant fact, even if it amounts to a confession.
He revealed details of the murder and led police to recover the weapon, his clothes and other articles. Das had also made similar disclosures.
The cause of death was recorded to be “shock as a result of a cut-throat injury and multiple stab injuries to the chest and abdomen”. Forensic analysis linked the injuries to the weapon, blood samples from the weapon and the clothes worn by the accused, and the crime scene matched the victim’s blood.
Regarding Das, the court held it could not be established that he had acted “in pursuance of the common intention”.
“A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualised the possibility or probability of the final act. If the final outcome or offence committed is distinctly remote and unconnected with the common intention, he would not be liable,” the court pointed out.
As the case rested entirely on circumstantial evidence, the court held, “The prosecution has failed to prove the chain so complete that there is no escape from the conclusion that within all human probability, the murder was committed by accused Bapi Das under the common object with accused Sanaullah.”
The court convicted Sanaullah for murder and illegal use of arms, while acquitting Das. Arguments on sentencing will be heard on April 6.
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