Explore the in-depth legal analysis conducted by the court in a hospital shooting case, where the evidence from CCTV footage and hard-disk played a pivotal role in determining the guilt of the accused parties. The court meticulously examined the material recovered, focusing on the development of the incident and the role played by each individual. Stay tuned to unravel the complexities of legal proceedings and the significance of strong evidentiary support in reaching a just conclusion.
Facts
- The material recovered from eight CCTV Camera footages, hard-disk and Pendrive showed the development of the incident and the role of some accused.
- Accused Taqdir had a motive and accused Mukesh, involved in the crime, was associated with Taqdir.
- CCTV footage showed accused persons standing outside the hospital with motorcycles before entering.
- Rakesh was admitted to Delhi Hospital as an Indoor Patient on 21.06.2010.
- Pendrive and Compact Disc were brought as evidence, along with the hard-disk produced as evidence.
- The case states that Taqdir had a grudge against Rakesh, leading to a conspiracy to eliminate him.
- The First Information Report was lodged by PW3 Dharambir, who was at the hospital with his nephew at the time of the incident.
- Accused persons were seen committing the crime on CCTV footage, leading to the registration of a case under various sections of the IPC and Arms Act.
- Accused Taqdir and others were involved in a shootout at the hospital causing the death of Rakesh.
- High Court granted benefit of doubt to some accused but maintained the conviction of Taqdir and others.
- Data from the incident was transferred from the hard-disk to a Pendrive and Compact Disc for further investigation.
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Arguments
- The appellant had a slender thread of motive connecting him to the crime.
- No evidence was presented to prove the appellant was part of the group of assailants who stormed the hospital.
- The absconding accused Mukesh was apprehended and acquitted later in a separate trial.
- Losing in elections was not sufficient motive to categorize the appellant as the perpetrator of the crime.
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Analysis
- The material on record is inadequate to establish guilt under Section 120-B of the IPC, read with Sections 302/307 IPC for the appellant Taqdir.
- The orders of conviction and sentence against appellant Taqdir are set aside.
- CCTV footage (Exs.P86 and P87) supported by Section 65-B certification clearly showed the assailants’ role with firearms, entering and exiting the deceased’s room.
- Appellant Taqdir is set at liberty unless needed in connection with another crime, benefit of doubt given.
- The injuries on the deceased corroborate the sequence of events captured by the CCTV footage.
- The hard-disk was part of the record and available in court, though only excerpts were played in court.
- Special Leave Petitions filed by four assailants – Arun, Jyoti Prakash, Kuldeep, and Anil – who caused the death of Rakesh alias Kala in the hospital.
- No objection or request was made to play the hard-disk in the court.
- The Courts below relied on CCTV footage accompanied by requisite certification (Exs.P86 and P87).
- Involvement and culpability of the petitioners have been clearly established.
- Special Leave Petitions of the petitioners have been dismissed.
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Decision
- The SLP petitioners have been found guilty of the charges against them.
- They are to serve out the sentence awarded to them as per the judgement.
Case Title: TAQDIR Vs. THE STATE OF HARYANA (2022 INSC 248)
Case Number: Crl.A. No.-001537-001537 / 2018
