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Rajasthan High Court · body

2000 DIGILAW 333 (RAJ)

Mangia v. State

2000-03-10

D.N.JOSHI, N.N.MATHUR

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JUDGMENT 1. - This appeal is directed against the judgment dated 8.9.80 passed by the learned Sessions Judge, Bhilwara convicting the appellant Mangia S/o Lalu, Bheru and Mangia S/o Rama for offence under Sec,. 302 IPC and sentenced each of them to imprisonment for life. During the pendency of the appeal the accused Mangia S/o Lalu, Bheru S/o Lalu have died and, therefore, the appeal filed by them has abated. Thus, now the appeal of Mangia S/o Rama is before us for consideration. 2. The prosecution case as set out during the trial is that the villagers of Sabrana' submitted a written report dated 12.9.99 at police station, Banera stating inter alia that the dead bodies of Mst. Nanda, Balu and Mst. Raji and Rama were found in their field. It was suspected that some miscreants have killed them. On this information, police registered a case of offence under Section 302 IPC and proceeded with the investigation. The police prepared the inquest report and sent the dead bodies for post-mortem. After 5 days of the incident, the statement of PW 11 Gopal was recorded. He claimed himself to be the eye witness of the incident. The statement of PW 7 Kalyan was also recorded. He stated that the accused persons made an extra judicial confession of the guilt before him. The police arrested the accused Mangia S/o Lalu, Smt. Dhapu Hazari, Bheru, Goma and Mangia S/o Rama. After usual investigation, Police laid chargesheet against the aforesaid accused persons. 3. The accused persons pleaded not guilty and claimed trial. The prosecution in support of the case examined 24 witnesses and produced certain documents. The accused persons in their statement under Section 313 Cr.P.C. stated that they have been falsely implicated. The trial court rejected the evidence of recovery of weapon of offence. The trial court acquitted all the accused persons including the present appellants of the charge of murder of Nanda, Balu and Rama. However, relying on the evidence of the extra judicial confession and statement of PW 11 Gopal, held the three appellants guilty of murder of Mst. Raji. They have been convicted and sentenced as noticed above. 4. Assailing the conviction of the appellant, it is contended by Mr. However, relying on the evidence of the extra judicial confession and statement of PW 11 Gopal, held the three appellants guilty of murder of Mst. Raji. They have been convicted and sentenced as noticed above. 4. Assailing the conviction of the appellant, it is contended by Mr. B.N. Kalla, learned counsel appearing for the appellant that the evidence of extra-judicial confession deserves to be discarded as it alleged to have been made by all the accused in chorus and further it is a weak type of evidence. As regards the PW 11 Gopal is concerned, it is submitted that his statement has been recorded after 5 days of the incident. He has also pointed out number of infirmities in his statement. It is stressed that there was absolutely no reason for the accused persons to commit the murder of Mst. Raji. On the other hand learned Public Prosecutor has supported the judgment of the trial court. 5. We have scaned the prosecution evidence carefully. As far as the evidence of extra judicial confession is concerned, it deserves to be rejected straightway as PW 7 Kalyan has stated that all the accused persons came to him and made extra-judicial confession. He stated that : " ikapksa us eq>s dgk fd ge yksx ckyw&ekny mlds csVs uUnk o mldh vkSjr jkth oxSjg dks ekj vk;s gSaA " It is difficult to believe that all the accused persons after committing the ghasty murders will approach to PW 7 Kalyan Singh and make confession of the guilt in chorus. There is nothing to show. as to why they should have made confession before PW 7 Kalyan Singh. The evidence of PW 7 Kalyan does not inspire confidence and the same is rejected. 6. PW 11 Gopal has stated that he had gone near the field of the deceased persons for grazing of the cattle. He saw Mst. Raji running towards the village. She was being chased by the accused Mangia S/o Lalu, other Mangia S/o Rama and Bheria. Mangia S/o Lalu caught her and the other Mangia gave a `Kulhari' blow on her head. Raji fell down. Thereafter, all the three accused persons ran towards the field of Nanda. The other accused persons also joined them. He also stated that Mangia with black complexion had given a `Kulhari' blow on the head of Mst. Raji. Mangia S/o Lalu caught her and the other Mangia gave a `Kulhari' blow on her head. Raji fell down. Thereafter, all the three accused persons ran towards the field of Nanda. The other accused persons also joined them. He also stated that Mangia with black complexion had given a `Kulhari' blow on the head of Mst. Raji. He disclosed the name of Mangia's father as Lalu, In the earlier part of statement, he stated that the `Kulhari' blow was given by Mangia S/o Rama on the head of Mst. Raji. In subsequent part of his statement, he stated that Bheria and younger Mangia had thrown Mst. Raji on the ground and Mangia with black complexion had given a `Kulhari' blow on the head of Raji. From the arrest memo. It appears that Mangia S/o Lalu was of 42 years old whereas Mangia S/o Raju was of 50 years old. Thus, it appears that when this witness says about the Chota Mangia; he is referring to Mangia S/o Lalu. Thus, this witness does not appears to be certain as which Mangia inflicted Kulhari blow on the head of Mst. Raji. He has also stated that after seeing the incident, he became unconscious and fell down. He gained conscious after an hour and went to his house. He remained sick for 5 days. Out of fear, he did not disclose the incident to anybody. After 5 days, he disclosed the incident to his father. Thereafter the police recorded his statement. At the first instance the explanation given by Gopal for not disclosing the incident for 5 days does not appears to be natural. Father of Gopal namely Debi has not been produced by the prosecution who could have thrown light with respect to the condition of Gopal to whether he was in fit condition to narrate the incident. In view of this, we do not consider it safe to uphold the conviction of Mangia S/o Rama on the sole testimony of PW 11 Gopal. In our view he is not a witness of sterling worth. 7. The contention of Mr. B.N. Kalla that there was absolutely no reason for the accused persons who belongs to the Chamar community to commit the murder of four persons of Jat community can not said to be without substance. The possibility of false implication of the accused persons cannot be ruled out. 7. The contention of Mr. B.N. Kalla that there was absolutely no reason for the accused persons who belongs to the Chamar community to commit the murder of four persons of Jat community can not said to be without substance. The possibility of false implication of the accused persons cannot be ruled out. In our opinion the appellant Mangia S/o Rama is entitled to the benefit of doubt.Consequently, this appeal is allowed. Conviction of the appellant Mangia S/o Rama of offence under Section 302 and 34 IPC is set aside. He is acquitted of offence under section 302/34 IPC. The appellant is on bail. The bail bonds stand discharged.Appeal allowed. *******