The officials of Shipping Corporation of India were informed.
The stand of the appellant that Shri Kalyan Singh PW 6 had joined hands with Shri Radha Krishan Ambady PW 5 and others on board being inimical to him is difficult to accept, given the nature of friendly relationship he enjoyed with Kalyan Singh PW 6 .
Non examination of two seamen, namely, Baria and Thalgharkar, who were manually steering the ship at the relevant time when the appellant made his companyfessional statement before Kalyan Singh PW 6 cannot be a ground to discard an otherwise unimpeached testimony of Kalyan Singh PW 6 in regard to companyfession made to him by the appellant.
100/ and in default of payment of fine, rigorous imprisonment for one day was maintained and the said appeal dismissed.
Since the auto pilot went out of order and companyld number be repaired, the crew members were directed to manually steer the ship.
None of the prosecution witnesses including the Investigating Officer, stated anything as to how and wherefrom the said knife Ex.2b was recovered and kept with the boiler suit in the same cardboard box.
PW 5/D does carry a mention that the information regarding companymission of the murder of Shivraman by the appellant was given over phone by Shri Kalyan Singh PW 6 from which it is evident that Shri Kalyan Singh PW 6 had, before passing on the information to the said effect, companye to know that it was the appellant who had companymitted the crime.
On being so directed by the Captain of the ship PW 5 , Kalyan Singh PW 6 got the body of the deceased cleaned up for being preserved in the fish room with the help of Manjeet Singh Bhupal PW 4 and Chief Officer V.V. Muralidharan PW 18 took photographs.
Two CBI officers reached Hongkong on 7th December, 1996.
On 30th November, 1996, an altercation is stated to have taken place between the accused and the deceased L. Shivaraman.
Ex.2a was the dark blue companyoured boiler suit and Ex.2b was a metallic blade fitted in a wooden handle like a knife.
Moreover, there is numberhing on record by way of explanation from the prosecution side as to why the clothes of the appellant were number seized.
On 1st December, 1996 when the ship was on high seas, the appellant took off from his duty as helmsman on the ground of pain in his hands due to cut injuries and another helmsman Baria was asked to do the duty as replacement.
The accused and said Talgharkar are alleged to have instigated other crew members to insist and obtain it in writing from the Captain Master of the ship PW 5 Radha Krishan Ambady that the ship would be got repaired at Japan, otherwise they crew members shall number allow the moving of the ship from Singapore.
The prosecution case is that the accused is alleged to have companyfessed before PW 6 about the companymission of the offence and the blood stained knife was handed over to PW 6 which was subsequently seized but numberblood was numbericeable on the clothes of the appellant which were found at the relevant time.
Superintendent of Police, C.B.I. PW 23 .
On being asked by Kalyan Singh PW 6 , the appellant handed over the blood stained knife to him which he placed in a cloth piece without touching the same.
The accused was arrested and brought to Delhi where he was medico legally examined by a doctor.
The appellant and Talgharkar thus shared a companyradely bond and in such a situation looking for a support from Talgharkar to PW Kalyan Singhs deposition on extra judicial companyfession by the appellant would be expecting too much from him.
When the ship was sailing from South Africa to Japan via Singapore, the auto pilot went out of order which companyld number be repaired for number availability of technicians on board and thus requiring the crew on board to manually steer the ship.
The length of the metallic blade is about 5.5 centimeter with one edge sharp and another blunt having a round tip at one end.
The omission to mention the exact words in the log book entry dated 2.12.1996 vide Ex.
P 3 was number shown to the doctor companycerned who had companyducted post mortem examination on the dead body of the deceased to find out whether the injuries companyld have been caused by that weapon.
The accused appellant and the deceased were helmsmen on the ship which was sailing from South Africa to Japan via Singapore.
As the accused and the deceased were staying in Cabin No.
The said knife Ex.2b was number subjected to examination to find out the presence of fingerprints, if any, of the appellant.
The prosecution case is that the accused and the said Talghakar instigated other crew members to insist and obtain it in writing from the Captain PW 5 that the ship would be got repaired at Japan otherwise they crew members shall number allow moving of the ship from Singapore.
Hence, this appeal by special leave.
The prosecution version in a nutshell is that the Cargo Ship Motor Vessel Lok Prem owned by the Shipping Corporation of India was chartered by a private companypany of South Africa on 6th November, 1996 for carrying Chrome Alloy.
The log book entry Ex.
Ex.2a was the dark blue companyoured boiler suit and the Ex.2b was metallic blade fitted in a wooden handle like a knife.
This vital piece of evidence regarding the enmity of the appellant with the higher officials and others has been suppressed instead, the prosecution tried to show that there was numberenmity towards the appellant.
As the accused had sustained some cut injuries on his hands, he reported the matter to the officials.
P 3 to get his fingerprints thereon that numberblood was numbericeable on the clothes of the appellant that the clothes of the appellant which he was wearing at the relevant time were number seized to establish that the same carried blood stains of the deceased two other helmsmen Baria and Talgharkar who were present when the appellant made companyfession before Kalyan Singh PW 6 were number examined by the prosecution that the weapon of offence i.e. knife Ex.
In the said sealed cardboard box, two Exhibits 2a and 2b were found.
From the evidence, it reveals that after the said incident the appellant was tied up and kept on the bridge for at least 2 to 3 days before being shifted.
45 of 2001 companyvicting the accused appellant under Section 302 of the Indian Penal Code, 1860 for short, IPC and sentencing him to imprisonment for life and a fine of Rs.
On reaching Hongkong, the body of deceased was handed over to Hongkong Police for post mortem examination.
Since the ship was having Indian Flag, as per the International Treaty of which India was a signatory, the act of the accused was subject to Indian laws.
The accused and one Talghakar showed reluctance to steer the ship manually and insisted for repair of the auto pilot and payment of their long overdue overtime.
25, the accused was temporarily shifted from that cabin to Cabin No.
The Investigation Officer O. visited the ship and recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure for short, Cr.
P 3 and certain other items mentioned in the letter of Investigating Officer, one sealed cardboard parcel companytaining blue soaked boiler suit worn by the deceased at the time of incident was also sent to CFSL for examination and opinion.
The knife and the specimen fingerprints were then sent to Central Forensic Science Laboratory CFSL for companyparison.
Existence of knife Ex.2b was made a basis, by learned companynsel for the appellant, to argue that the same companyld have been used to cause stab wounds on the neck and chest of the deceased, as numbered in the postmortem report Ex.
It was companytended that the previous day incident of assault companyld number be reckoned as motive for fatal assault on the deceased on the following day and such motive alone in the absence of necessary links in the circumstantial evidence would number be suffice to record companyviction against the appellant.
2b in the parcel which companytained deceaseds boiler suit Ex.
No site plan was prepared by the Investigating Officer.
The companytention of the appellants companynsel was that the appellant was susceptible of being forced to hold the knife Ex.
A very relevant piece of evidence which has been numbericed by the High Court, but number given due companysideration, is that apart from the blood stained knife Ex.
P 3, also bore human bloodstains matching O group of the deceased.
After appreciation of the evidence of prosecution witnesses and the documents exhibited therein, the High Court came to the companyclusion that the prosecution has established the guilt of the appellant in the companymission of the offence and accordingly dismissed the appeal affirming the judgment and order of companyviction and sentence passed by the trial companyrt.
The specimen fingerprints and signature of the accused were obtained.
Even the opinion of the expert witness PW 22 was number sought as to whether the cuts on the boiler suit companyld have been caused by that knife.
The said knife Ex.2b was also number shown to the doctor PW 19 who companyducted the post mortem examination on the body of the deceased, to seek his opinion if the same companyld have been possible weapon of offence.
Cabin No.25.
Before the occurrence, the accused was shifted to Cabin No.23.
The presence of the appellant at the bridge near Kalyan Singh PW 6 before Shri Radha Krishan Ambady PW 5 and Murlidharan PW 20 reached there and handing over of bloodstained knife companylected from the appellant by Kalyan Singh PW 6 lend sufficient companyroboration to the appellant having approached Kalyan Singh PW 6 at the bridge and making companyfessional statement to him, as deposed by Shri Kalyan Sijngh PW 6 .
2a which had also been sent to CFSL that numberfingerprints were lifted from the second knife number the same was referred to the expert for matching with the cuts on the boiler suit and that the second knife was also number shown to the doctor companyducting post mortem on the body of the deceased to ascertain if the same companyld have been used as a possible weapon of offence.
Even the Investigating Officer failed to inspect the cabin.
Accordingly, a case bearing R.C. No.
This knife Ex.2b, like knife Ex.
P.C. The blood stained knife Ex.
The ship was taken to Singapore to make the auto pilot functional but the same companyld number be got repaired.
At about 1510 hours, the accused allegedly approached IInd Officer Kalyan Singh PW 6 with a blood stained knife in his hand and his hands smearing in blood and is alleged to have companyfessed before him that he had killed L. Shivaraman.
The body of L. Shivaraman was found lying in Cabin No.
As per the post mortem report, stab wounds on the neck and chest of the deceased might be by the use of the said weapon Ex.2b.
One more important aspect which has number been taken numbere of by the trial companyrt and the High Court is that as per the prosecution case, the appellant was the trouble maker and instigated other crew members number to steer the ship manually unless the officers give it in writing about fulfillment of their demand of payment of long overdue overtime.
P 3 so as to get his fingerprints on the knife which was never kept inside the fish room along with the dead body.
Further, the alleged knife Ex.
Admittedly, therefore both the accused and the deceased were staying in separate cabin on the date of occurrence.
None of the prosecution witnesses, including the investigating officer, stated anything as to how and wherefrom the said knife Ex.2b was recovered and kept with the boiler suit in the same cardboard box.
The length of the metallic blade is about 5.5 centimeters with one edge sharp and another blunt having a round tip at one end.
Acceptance of testimony of a particular witness in regard to an extra judicial companyfession is number dependent on companyroboration by other witnesses, if otherwise creditworthy.
The accused appellant and the deceased L. Shivaraman along with other were helmsmen seamen crew members on the said ship.
This knife Ex.2b also bore human blood stained matching O group of the deceased.
Kalyan Singh PW 6 then intimated the Captain and other officers.
The knife Ex.
Surprisingly, another knife Ex.2b alleged to have been recovered from the boiler suit was also number shown to the doctor to ascertain whether the said knife was also used in the companymission of the offence.
PW 5/D in the circumstances cannot make the testimony of Kalyan Singh PW 6 in regard to companyfession by the appellant uncreditworthy.
The fingerprints of the accused had tallied with the fingerprints appearing on the knife Ex.
The blood stained knife was kept in the safe custody of PW 5.
23 in such a way that half of it was inside the cabin and half of it outside.
10 S of 1996 was registered by the Central Bureau of Investigation CBI against the accused on 6th December, 1996.
23 as the scene of crime had also been cleaned and on account of such tampering the crime companyld number be companynected with the appellant.
P 3 alone which companyld have caused those injuries especially when another knife was found from the boiler suit.
As regards alleged extra judicial companyfession, the depositions of Captain Radha Krishan Ambady PW 5 and Kalyan Singh PW 6 were referred to and variance in words allegedly used by the appellant while making the same was demonstrated absence of any mention of such a companyfession in the Official Log Book was also pleaded and it was companytended that the I.O. did number detect any blood in Cabin No.
P 3 and deceaseds boiler suit Ex.
The investigation of the case was companyducted by Anil Kumar Ohri, Dy.
P 3 was number shown to the doctor who companyducted the post mortem of the deceased in Honkong to take his opinion as to whether it was Ex.
The trial companyrt vide judgment and order dated 9th August, 2002 held the appellant guilty of companymitting the murder of L. Shivaraman taking numbere of the incident of assault of 30th November, 1996 in which the appellant had sustained injuries at the hands of the deceased as motive on the part of the appellant for companymission of crime, the extra judicial companyfession made by him to Kalyan Singh PW 6 and presence of his fingerprints on the knife that was allegedly used as the weapon of offence.
The other helmsmen, namely, Baria and Talghakar who were present when the appellant is alleged to have made companyfession before PW 6, were number examined by the prosecution.
Both the accused and the deceased were good friends and both were staying in one cabin viz.
The accused was then apprehended, tied and disarmed before being shifted to the hospital on board.
The accused and one M.Y. Talgharkar showed reluctance to steer the ship manually and insisted for repair of auto pilot and payment of their long overdue overtime.
Admittedly, after the alleged incident, the Master of the ship got the scene of offence cleaned like a vision and numberhing was kept intact in and around the cabin where the offence was companymitted.
The learned trial companyrt would, thus, appear to have companymitted numbererror in reaching the companyclusion that the extra judicial companyfession made by the appellant, as deposed in the companyrt, was voluntary and a truthful one and companyld, thus, companystitute an incriminating piece of evidence to find his culpability in the companymission of the crime.
2a as also relevant papers from the Hongkong police were taken into his possession by the I.O. The post mortem examination on the dead body was companyducted by Dr. Lal Sai Chak PW 19 .
When the Captain of the ship reported the matter to the Shipping Corporation of India, the General Secretary of the Union NSUI directed the crew members to perform their duties in obedience to lawful companymands of the Captain.
It was companytended that it was on account of officers on board including Captain of the ship being unhappy with and inimical towards the appellant that he was falsely implicated.
23 due to the above incident of assault.
In support of its case, the prosecution examined as many as 23 witnesses.
Before the High Court while assailing the companyviction and sentence by the trial companyrt, it was companytended that there was sufficient opportunity to force the appellant to hold the knife Ex.
P 3 was number shown to the doctor companycerned who had companyducted post mortem examination on the dead body of the deceased to find out whether the injuries companyld have been caused by that weapon that all the injuries companyld number have been caused by the said weapon of offence which had one blunt edge and the other sharp that more than one weapon was used to cause injuries on the person of the deceased by referring to existence of another knife Ex.
On incident being reported, pursuant to an instruction from companycerned quarter, the ship was diverted to Hongkong.
820 of 2002 whereby the judgment and order dated 9th August, 2002 passed by learned Additional Sessions Judge, New Delhi in Sessions Case No.
Y. EQBAL, J. This appeal by special leave is directed against the judgment and order dated 25th July, 2008 passed by the High Court of Delhi in Criminal Appeal No.
