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2013 DIGILAW 461 (RAJ)

Kishna Ram v. State of Rajasthan

2013-02-25

BANWARI LAL SHARMA, GOVIND MATHUR

body2013
JUDGMENT 1. This appeal is directed against the judgment dated 6.10.2004 passed by learned Additional Sessions Judge (Fast Track), Balotra, District Barmer recording conviction of the accused-appellant for the offence punishable under Section 302 I.P.C. and awarding the sentence of imprisonment for life with a fine of Rs. 5000/- and further to undergo six months' additional imprisonment in the event of default. 2. The factual matrix necessary to be noticed for adjudication of this appeal is that Shri Babu Lal (PW-9) submitted a written report to the Station House Officer, Police Station, Samdari on 15.6.2003 at 8:00 am with the assertion that in the night of 14.6.2003 his son Bhanwar Lal left the house with Kishna S/o. Bheema Ji Bheel and went to the residence of Nava Ram S/o. Moola Ji, resident of Majal. After availing two pouches of 'Miraj' Tobacco, he left the house of Nava Ram also. In the morning of 15.6.2003 Smt. Sita Devi mother of Babu Lal while proceeding to have famine relief work saw dead-body of Bhanwar Lal. The person of Bhanwar Lal was having several incised wounds on the body. 3. On the basis of the information aforesaid, a criminal case was lodged and the necessary investigation commenced. 4. The Investigating Agency after completing the investigation submitted a police report before the competent court and being a case triable by the court of sessions, the same was committed to the Sessions Court, Balotra. A charge for commission of offence punishable under Sections 302 I.P.C. and for Sections 4/25 and 7/25 of Indian Arms Act was framed after hearing the accused. On denial of the same, the trial commenced as desired. 5. The prosecution supported its case with the aid of witnesses (PW-1 to PW-17) and by exhibiting documents (Exhibit-P/1 to Exhibit-P/41). An opportunity was given to the accused to explain the adverse and incriminating circumstances appearing in prosecution evidence. The accused in general termed the adverse circumstances as false but did not choose to adduce evidence in defence. 6. The learned trial court after hearing learned counsel for the accused, learned Public Prosecutor and upon pondering the evidence available on record, held the accused-appellant guilty for commission of offence punishable under Section 302 I.P.C., accordingly recorded conviction and awarded the sentence. 7. 6. The learned trial court after hearing learned counsel for the accused, learned Public Prosecutor and upon pondering the evidence available on record, held the accused-appellant guilty for commission of offence punishable under Section 302 I.P.C., accordingly recorded conviction and awarded the sentence. 7. In appeal, the argument advanced by learned counsel for the accused-appellant is that the conviction is based on circumstantial evidence and that is having certain breakages inasmuch as no witness of last seen describes about the wearings of the accused-appellant. 8. While opposing the arguments advanced, it is submitted by learned Public Prosecutor that the circumstantial evidence relied upon by the trial court is sufficient enough to arrive at only one conclusion regarding the involvement of the accused-appellant in the crime concern. 9. Heard learned counsel for the appellant, learned Public Prosecutor and also examined the record available. 10. As per the statement made by Babu Lal (PW-9), his son deceased Bhanwara Ram left the house at 9:30 pm. This witness further submits that his son went to the house of Nava Ram to have Tobacco and in the morning of 15.6.2003 his mother Smt. Sita saw dead-body of Bhanwara Ram. The dead-body was subjected to autopsy and as per the medical evidence available on record, the cause of death was perforating injuries to left lung, spleen and intestine leading to hemorrhagic shock and death. In view of the medical evidence, there is no doubt about the homicidal death of Bhanwara Ram. Suffice it to mention here that as per the medical evidence available on record, the death of Bhanwara Ram occurred within and about 18 hours earlier to autopsy. The autopsy was made on 2:45 pm on 14.6.2003. On the basis of the time period noticed above, the death of Bhanwara Ram would have taken place about 10-11 pm on 14.6.2003.The prosecution, relied upon the link evidence of PW-9 Babu Lal, PW-2 Nava Ram and then the last seen evidence adduced by Kheta Ram (PW-5), Joga Ram (PW-6) and Gulab Ram (PW-12). As already stated, Babu Lal stated about the going of deceased to the house of Nava Ram. Nava Ram (PW-2) in quite specific terms stated that deceased Bhanwara Ram along with accused Kishna Ram came to his house and had two pouches of Tobacco. As already stated, Babu Lal stated about the going of deceased to the house of Nava Ram. Nava Ram (PW-2) in quite specific terms stated that deceased Bhanwara Ram along with accused Kishna Ram came to his house and had two pouches of Tobacco. As per Kheta Ram (PW-5), Joga Ram (PW-6) and Gulab Ram (PW-12) they left the house of Nava Ram along with deceased Bhanwara Ram and accused Kishna Ram at about 11:00 pm. After moving together for some distance they parted the parth and the accused-Kishna Ram moved to a different direction with deceased Bhanwara Ram. These three witnesses gave definite statement of fact about company of the deceased with accused before seeing the dead- body in the morning of 15.6.2003. No evidence is available on record relating to seeing of the deceased in any other company except the factual statement made by the witnesses of last seen named above. 11. The next evidence on which the trial court relied upon is the recovery of a blood-stained 'katar' at the instance of accused. It is relevant to note here that the accused was arrested on 15.6.2003 itself at 6:00 pm. At 6:45 pm a disclosure was made by him as per Exhibit-P/32 relating to the weapon of offence. On the basis of the disclosure so made, a blood-stained 'katar' was recovered on the same day at 7:45 pm. The recovery memo is available on record as Exhibit-P/9. The 'katar' so recovered was subjected to Serological Examination and as per the report given by Forensic Science Laboratory, the blood-stains were of "B" group, matching with the blood group of deceased. 12. The circumstances in the present case about movement of deceased Bhanwara Ram from his residence with accused Kishna Ram in the night of 14.6.2003; his reaching and presence at the house of Nava Ram (PW-2) in the same night and then further leaving the place with Kheta Ram (PW-5), Joga Ram (PW-6), Gulab Ram (PW-12) and accused Kishna Ram, and then company of the accused and the deceased, recovery of a blood-stained 'katar' and matching of blood-group of blood-stains available on the 'katar' with blood group of deceased forms an un-breakable chain of circumstance indicating towards only one conclusion i.e. the involvement of the accused with the crime in-question. No wrong, thus, is committed by the trial court while recording conviction and awarding sentence. 13. No wrong, thus, is committed by the trial court while recording conviction and awarding sentence. 13. For the reasons given above, we affirm the conviction recorded and the sentence awarded by the trial court. The appeal is dismissed.Appeal dismissed. *******