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Synopsis

While giving the “benefit of doubt”, the Delhi High Court on Monday set aside the conviction and sentence of life imprisonment awarded to Former Member of Legislative Assembly (MLA) from Barnaava, Satender Solanki, accused in a murder case.

The division bench comprising of Justice Mukta Gupta and Justice Poonam A. Bamba held, “the prosecution has failed to prove its case beyond reasonable doubt. Thus, conviction of the appellant for the offences punishable under Sections 302/307 IPC, cannot be sustained. The impugned judgment of conviction and order on sentence are accordingly set aside”.

Solanki, through the present plea had challenged the trial court’s 2019 judgment in a case related to the murder of one Inder Pal Dhaka on June 24, 1997.

While setting aside the sentence the division bench directed the jail authorities to release Solanki. It also allowed the appeal in view of discrepancies of the statement of the complained. The court said that the complainant was a “chance witness” and that the prosecution failed to place on record any evidence to prove beyond a reasonable doubt, the presence of the complainant at the spot at the time of the incident.

“Rather, the best evidence in this regard of injured/eyewitness and res gestae evidence of Tarun Kumar, who scribed the complaint soon after the incident and even the medical record of Suri Nursing Home and the doctor who examined the deceased, which could have proved the presence of the complainant at the time of incident, was not produced/examined”, the court noted.

It was further noted that as per the post-mortem report, there were 17 gun-shot injuries of entry and exit wounds, on the body of the deceased, which would have resulted in profuse bleeding. Whereas the complainant in his cross-examination stated that not much blood was oozing out of his brother’s (deceased) body at that time. “It is unbelievable that a person who was shot at indiscriminately and had suffered as many as 17 injuries, not much blood oozed out from his wounds. PW-1 (Complainant) also stated that he did not notice any blood in the car”, court said.

The court also said that it would also not be out of place to mention here that the fact that the deceased was involved in many cases of murder etc. of different police stations and that the State Government had announced a reward of Rs. 50,000/- on the deceased for getting him arrested.

“Further, PW-1 (complainant) himself has deposed that his brother/deceased had contested assembly election as an independent candidate against Madan Bhaiya. Even the Investigating Office (IO) deposed that during investigation, he had recorded in his diary about enmity of the deceased with Madan Bhaiya and Sushil Moonch. Thus, argument of the learned counsel for the complainant/ld. Prosecutor that it was the appellant, who (alone) had harboured enmity against the deceased to commit the crime, does not lie”, the bench has remarked.

In April 2019, the Patiala House Court, Delhi convicted Solanki and his brother Harender Solanki for offences under Sections 302 (Murder) and 307 (attempt to murder) of IPC. The trial court on May 7, 2019 passed the order sentencing Satender Solanki to life imprisonment and fine of Rs. 25, 000.

The persecution’s case is that on June 24, 1997, Inder Pal Dhaka along with Ashok Kumar was travelling in a car from his residence to University. Dhaka was shot dead in a discriminatory firing by the appellant and other accused persons.

Solanki and his brother, both residents of Meerut had allegedly come on a scooter and started firing on Dhaka, due to which he received many bullet injuries. Even Ashok received bullet injuries. Thereafter, the complainant Amarpal Singh Dhaka (elder brother of the deceased), with the help of others gathered at the spot of incident and took both the injured to Suri Nursing Home, where the doctors declared Inder Pal Dhaka as ‘brought dead’.

The other person, Ashok was however, admitted to Medical College, Meerut, where he was treated and discharged on June 30, 1997. A case was then, registered by Amarpal Singh Dhaka.

Case Title: Satender Solanki v. State (NCT of Delhi) & Anr.