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Allahabad High Court · body

2014 DIGILAW 789 (ALL)

Chhakki Lal v. State of U. P.

2014-03-05

RAMESH SINHA, SHEO KUMAR SINGH

body2014
JUDGMENT Ramesh Sinha, J.: - Heard Sri Ram Brij Misra, learned counsel for the appellant, Sri Sangam Lal Kesarvani, learned AGA for the State and perused the record. 2. This appeal has been filed against the judgment and order dated 1.8.1990 passed by Ist Addl. Sessions Judge, Kanpur Nagar in S.T. No.241 of 1987 convicting the appellant u/s 302 IPC and sentencing him for life imprisonment. 3. The prosecution story in brief is that Smt. Ram Rati on account of difficult financial condition of her husband, Chhakki Lal, used to quarrel with him. She had quarrelled in the morning on 18.4.1987 at about 2.30 p.m. Her cries were heard outside the hut and when P.W.1 Aad Ram and P.W.2 Smt. Saggo reached reached near the hut of Chhakki Lal, they found him standing at the door with his daughter with an axe in his hand. The accused on enquiry relating to the cause of cry of Ram Rati, told that he had finished her as she used to quarrel with him daily and tarment him by her behaviour. Thereafter the accused threw away the axe and fled away taking his minor daughter. Other people of the locality collected there but by that time the accused had left the place. 4. The FIR of the case was lodged as Ex.Ka.1 on 18.4.1987 at 3.30 p.m. relating to occurrence of murder of the same day at 2.30 p.m. The distance between the place of occurrence and police station is 1½ kms. The FIR has been proved by P.W.1 Aad Ram, the informant himself. It was scribed by constable clerk of P.S. Kakadeo. He has been examined as P.W.6, constable Krishna Bahadur Singh. He stated that he reduced the FIR into writing on the dictation of P.W.1 Aad Ram. On the basis of the said FIR, the case was registered under Section 302 IPC. Entries relating to registration of the case were made in the G.D. The copy of the said G.D. is Ex.Ka.14. This document Ex.Ka.14 has been proved by I.O. Diwan Giri, P.W.4. 5. P.W.7 Dr. S.K. Misra conducted the post-mortem report of body of deceased on 19.4.1987 and in his opinion, cause of death of deceased was shock as a result of injuries on head. The skull below injury no.1 and 2 was fractured. This document Ex.Ka.14 has been proved by I.O. Diwan Giri, P.W.4. 5. P.W.7 Dr. S.K. Misra conducted the post-mortem report of body of deceased on 19.4.1987 and in his opinion, cause of death of deceased was shock as a result of injuries on head. The skull below injury no.1 and 2 was fractured. He proved the post-mortem examination report Ext.Ka.16 and found the following ante-mortem injuries of the body of deceased Smt. Ram Rati: - Ante-mortem injuries: - (1) Incised wound 10 cm. x 3.5 cm. x bone deep on right side of skull 1 cm. above and 4 cm. lateral to outer angle of the eye (right). (2) Incised wound 5 cm. x 2 cm. x bone deep on right side of skull 2.5 cm. above injury No.(1). 6. The panchayatnama Ex.Ka.6 prepared was on the same day i.e. 18.4.1987 between 4.30 p.m. to 5.35 p.m by P.W.4 Diwan Giri which also mentions about the two injuries on the head of the deceased.. 7. The weapon of murder is stated to be kulhari (axe) Ex.1. P.W.1 Aad Ram and P.W.2 Smt. Saggo deposed about the axe thrown by the accused after the commission of the crime near the hut where the dead-body was found. P.W.1 Aad Ram proved the axe, as the murder weapon and it was marked as Ex. Ka-I. P.W.7 Dr. S.K. Misra also stated that ante-mortem incised wounds on the dead body of the deceased could be caused by an axe. The axe was recovered by the Investigating Officer on the day of crime i.e. 18.4.1987. The recovery memo prepared of blood stain axe is marked as Ex.Ka.2. The report of the Chemical Examiner Ex.Ka.17 proved that on the axe human blood was found. 8. The accused was arrested on 19.4.1987 along with his one year daughter. The accused was found wearing blood-stained kurta which was taken into custody and the recovery memo was prepared on 19.4.1987 marked as Ext.Ka. The daughter of the appellant aged about one year was also recovered when the accused was arrested on 19.4.1987. She was given in the supurdagi marked as Ext.Ka. 5 of the informant who was the uncle of the deceased. The report dated 27.6.1988 shows that the items sent for chemical analysis of kurta which the accused was wearing, human blood was found on it and the said report has been marked as Ext.Ka. 17. She was given in the supurdagi marked as Ext.Ka. 5 of the informant who was the uncle of the deceased. The report dated 27.6.1988 shows that the items sent for chemical analysis of kurta which the accused was wearing, human blood was found on it and the said report has been marked as Ext.Ka. 17. The I.O recorded the statement of the witnesses and prepared site-plan etc. and submitted charge sheet marked as Ext.Ka. 13. 9. The case was committed to the Court of Sessions and charges were framed against the accused on 7.1.1988 by the trial court u/s 302 IPC. The accused pleaded not guilty and claimed to be tried. 10. The prosecution in support of it's case examined P.W.1 Aad Ram, the informant and P.W.2 Smt. Saggo, w/o P.W.1 as witnesses of fact, whereas the P.W.4 Diwan Giri, I.O of the case and P.W.3 Jhallo was the witness of recovered axe. P.W.4 Diwan Giri, P.W.5 Surendra Pal Singh, Chauki In-charge of P.S. Kakadeo, P.W.6 Krishna Bahadur Singh who has proved FIR and P.W.7 S.K. Mishra who has conducted the post-mortem of the deceased. 11. The accused in his statement recorded u/s 313 Cr.P.C. has denied the prosecution allegations and submitted that he has been falsely implicated in the present case. The accused did not lead any evidence in defence. 12. P.W.1 Aad Ram is the informant of the case and he was the uncle of the deceased. He has deposed that the deceased was her niece had complained to his wife Smt. Saggo about the harassment and quarrel being made by the accused for providing him money due to which on the day of the incident, there was some quarrel between the accused and his wife in the morning and on the same day at about 2.30 p.m., shriek was coming from the house of the accused on which he along with his wife Smt. Saggo and sister Parwati and others went to the hut of his niece and when they reached at the door the accused was seen by them coming out of the house of hut with one year old daughter in his lap along with an axe in his hand and on being asked about the cause of quarrel, the accused while abusing his wife commented that she used to harass him daily and she has been set at right (Thikane laga diya hai). The accused has thrown the axe at door and went away with his minor daughter. On the spot one Sukhpal has also arrived and witness the incident. They saw their niece in the pool of blood in the hut and there was injury on her head. There was blood on the body as well as the axe which was lying there. P.W.1 has denied the suggestion of the defence that the deceased was of unsound mind or she has earlier tried to jump in the well and on the other hand has supported the prosecution cas as stated above. P.W.2 Smt. Saggo wife of P.W.1 and aunt of deceased has also deposed in a similar manner as has been stated by P.W.1. 13. P.W.3 Jhalloo was witness of recovery of axe from the hut where the dead-body of the deceased was lying and further deposed that there was blood on the axe and proved the recovery memo as Ext.Ka.5 and Ext.Ka.2. He also proved the witness of the recovery of blood-stained kurta which the accused was found wearing when he was arrested and also proved the same as Ext.Ka.4. He further proved supurdagi of one year old daughter of the accused when he was arrested and marked as Ext.Ka.5. 14. P.W.4, Diwan Giri is the Station Officer of P.S. Naubasta who is the Investigating Officer of the case and deposed before the trial court that Panchayatnama of the dead-body was conducted in his presence and inquest report report was prepared by the Sub-Inspector Ram Autar Singh Chauhan and proved Ext.Ka.6. He also proved the various police papers prepared during investigation and recorded the statement of the witnesses and deposed that he has prepared site plan of the place of occurrence and submitted charge sheet against the accused. P.W.5 Surendra Singh was the In-charge of Police Outpost Pandunagar of Police Station Kakadeo and has stated that on 19.4.1987, the accused was arrested wearing blood-stained kurta along with one year daughter and proved the recovery memo Ext.Ka.4 and Ext.Ka.5 which was proved by P.W.3 Jhallo. 15. P.W.6 Krishna Bahadur Singh, Constable Moharir deposed that he was posted at Police Station Kakadeo on 18.4.1987 and deposed that the informant Aad Ram lodged an oral report on 15.30 hours in the afternoon which was written by him as has been dictated by P.W.1 marked as Ext.Ka.1. 16. P.W.7 is Dr. 15. P.W.6 Krishna Bahadur Singh, Constable Moharir deposed that he was posted at Police Station Kakadeo on 18.4.1987 and deposed that the informant Aad Ram lodged an oral report on 15.30 hours in the afternoon which was written by him as has been dictated by P.W.1 marked as Ext.Ka.1. 16. P.W.7 is Dr. S.K. Mishra conducted the post-mortem of the deceased on 19.4.1987 at U.H.M. Hospital, Kanpur and stated that the injuries which was received by the deceased was of axe. He found skull fractured below injury no.1 and 2. He has proved the post-mortem as Ext.Ka.16. 17. It has been argued by Sri Ram Brij Mishra, learned learned counsel for the appellant that the deceased was not arrested from his house and arrested by the police on the next day i.e. 19.4.1987 from Chhaterpur in M.P. and has been falsely implicated in the present case. He drawn attention of the court towards some contradictions between the statement of P.W.1 and P.W.2 on the basis of which he argued that the testimony of the said two witnesses are not trustworthy and reliable one. The accused has been in jail since 19.4.1987 i.e. about 27 years and now he is aged about 62 years. The accused is having daughter namely Km. Rajkumari Ahiwar aged about 23 years who has submitted Form A through Superintendent of District Jail Fatehgarh to the State Government on 28.3.2004 for release the appellant looking into his conduct and incarceration in jail. The trial court has misread the evidence on record and convicted the appellant, hence judgment and order passed by the trial court be set-aside and the accused be acquitted. 18. Per contra learned AGA argued that there is clinching evidence against the appellant for murdering his wife and he was seen coming from his hut with blood-stained axe in his hand along with his minor daughter in his lap and on being questioned by P.W.1 and 2 cause of quarrel he stated that doubt the harassment made by the deceased. She was done to death and the accused threw away the blood-stained axe at the place of occurrence and went away with his minor daughter. The accused was arrested on the next day of the incident wearing blood-stained kurta along with minor daughter by the police in district Kanpur Nagar. She was done to death and the accused threw away the blood-stained axe at the place of occurrence and went away with his minor daughter. The accused was arrested on the next day of the incident wearing blood-stained kurta along with minor daughter by the police in district Kanpur Nagar. The chain of circumstances showing the guilt of accused has been proved by the prosecution before the trial court and the trial court has rightly convicted the accused. The conviction and sentence of the appellant by the trial court is fully justified. 19. Considered the submissions advanced by learned counsel for the parties and perused the record. 20. In the instant case, the evidence on record, therefore, is of circumstantial in nature. None has deposed that the accused was seen murdering Ram Rati but the circumstances alleged in this case indicate the guilt of the accused. It is now to be seen in the scrutiny of the eye witness and other evidence on record as to how far these circumstances have been successful in connecting the accused with the crime in question. The circumstantial evidence, under these circumstances, has to be complete in itself to create a reasonable ground for the conclusion that in all human probability the act must have been done by the accused. These circumstances from which conclusion of the guilt is to be drawn, are to be fully established. The facts so established should be consistent with the hypothesis of the guilt of the accused and these should not be explained on any other hypothesis except that the accused is guilty. The circumstances have to be of conclusive nature and tendency. These circumstances should exclude every possible hypothesis except the one to be proved and there must be a complete chain of evidence as not to leave any reasonable ground consistent with the innocence of the accused. 21. It transpires from the evidence on record that on the alarm raised by the deceased, P.W.1 Aad Ram and P.W.2 Smt. Saggo reached the hut and seen the accused coming out of the house with the blood-stained axe along with minor daughter and being inquired about the cause of quarrel, the appellant stated that due to harassment made by the deceased she was done to death and the accused threw away the axe and had went away along with his minor daughter. The accused was arrested by the appellants on 19.4.1987 within the Police Station Kakadeo wearing blood-stained kurta with his minor daughter. The blood stained kurta was taken into custody by the police and recovery memo was prepared of the same in-front of independent witness. Out of which one of the witness P.W.3 Jhalloo has proved the said recovery of blood-stained kurta of the accused. The blood-stained axe and kurta was sent to the chemical examination by the I.O and the report of the chemical analysis which is on record shows that the human blood was found on the axe which was lying at the place of occurrence where the dead-body of the deceased was lying in a pool of blood and the kurta which the appellant was wearing at the time of his arrest blood stains were found. The post-mortem of the deceased shows that she had received incised wound on her head and her skull was found to be fractured and the cause of death was shown to be shock as a result of injuries over head by P.W.7 Dr. S.K. Mishra who has deposed that the injuries could be caused by axe. Thus, the chain of circumstances is complete which shows that it was the appellant who had murdered his wife. Hence, the prosecution has bring home the guilt of the accused. 22. Thus, the conviction and sentence of the appellant by the trial court is hereby upheld. 23. The appeal lacks merit and is, accordingly, dismissed. 24. It is needless to say that the appellant is at liberty to approach the State Government for the remission of the sentence which may be sympathetically and expeditiously considered by the State Government in view of the provisions u/s 432 Cr.P.C taking into account that the appellant is in jail since for last 27 years and by now he has become 62 years old.