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2020 DIGILAW 203 (RAJ)

Ashok Kumar v. State of Rajasthan

2020-01-22

ABHAY CHATURVEDI, SANDEEP MEHTA

body2020
ORDER : 1. The appellant Ashok Kumar @ Ashoki has been convicted and sentenced as below vide judgment dated 14.12.2016 passed by the learned Special Judge, (Women Atrocities Act) Cases, Sri Ganganagar in Sessions Case No. 70/2013 (275/2014): Offence Sentences Fine Fine Default sentences Under Section 302 IPC Life Imprisonment Rs. 10,000/- 6 Months' Additional S.I. 2. Being aggrieved of his conviction and sentences, the appellant has preferred this appeal under Section 374(2) Cr.P.C. 3. Ramchandra (PW-3), Sub Inspector posted at the Police Outpost Meera Chowk, Police Station Jawahar Nagar, District Sri Ganganagar received a telephonic information from the City Control Room on 19.04.2013 at about 05.30 pm. that a quarrel was going on near Hanuman Temple in Street No. 5, Ashok Nagar-B. Acting on the information, Ramchandra, S.I. alongwith F.C. Keshar Singh proceeded towards the place of incident. He reached the house in Street No. 5; the door whereof was open. Dead bodies of an old lady and a man were lying in the courtyard of the house. On inquiring from the neighbours, Ramchandra came to know that the lady's name was Rajbala and the man was her son Rajkumar. He was told that half an hour ago, the lady's grandson Ashok Kumar son of Hanuman Meghwal came to the house and after indulging into a quarrel with them, he left the spot declaring that he had done away with both and had ended the dispute forever. No one from the neighbourhood agreed to present a report whereupon, Ramchandra lodged the report (Ex. P/7) with these allegations to the SHO, Police Station Jawahar Nagar. It was further mentioned in the report that the injuries to both the dead persons had been inflicted by a sharp weapon and that a blood stained axe was lying nearby. It was inferred by him that Ashok killed his grandmother and uncle owing to an internal family feud. On the basis of the above report, an FIR No. 228/2013 (Ex. P/8) was registered at the Police Station Jawahar Nagar, Sri Ganganagar for the offence under Section 302 IPC. Investigation was assigned to the Officer Incharge, Police Station Jawahar Nagar Shri Arvind Kumar (PW-13). The formal documents pertaining to the crime scene viz. Panchayatnama Lash of the two dead bodies, seizure memo of the dead bodies, site inspection plan, the site inspection memo, etc. were prepared. Investigation was assigned to the Officer Incharge, Police Station Jawahar Nagar Shri Arvind Kumar (PW-13). The formal documents pertaining to the crime scene viz. Panchayatnama Lash of the two dead bodies, seizure memo of the dead bodies, site inspection plan, the site inspection memo, etc. were prepared. The accused appellant was arrested on 19.04.2013 at 08.40 pm. vide arrest memo (Ex. P/11). Blood stained clothes worn by the accused at the time of his arrest were seized vide seizure memo (Ex. P/12). After concluding the investigation, a charge-sheet came to be filed against the accused appellant for the offence under Section 302 IPC. As the offence was Sessions triable, the case was committed and transferred to the Court of Special Judge, Women Atrocities Act Cases, Sri Ganganagar for trial where, charge was framed against the appellant for the above offence. The accused denied the charge and claimed trial. The prosecution examined as many as 13 witnesses and exhibited 52 documents in support of its case. Upon being questioned under Section 313 Cr.P.C. and when confronted with the circumstances appearing against him in the prosecution evidence, the accused denied the same and claimed to be innocent. Two Documents were exhibited but, no oral evidence was led in defence. While the trial was underway, the FSL report pertaining to the blood stained articles seized from the spot, the blood stained clothes of the deceased and the blood stained clothes worn by the accused at the time of incident was received and was exhibited as Ex. P/37. As per the FSL Report, blood group of the blood stains found on the clothes of the deceased Rajbala and the blood stains found on the clothes of the accused matched with each other (Ex. P/37). After hearing the arguments advanced by the prosecution and the defence and upon appreciating the material available on record, the learned trial court, proceeded to convict and sentence the appellant as above. Hence this appeal. 4. Shri Jagdish Vishnoi, learned counsel representing the appellant, vehemently and fervently contends that there is no direct or indirect evidence on the record of the case which can be considered sufficient so as to link the appellant with the alleged offence. The trial court's Judgment is based purely on conjectures and surmises. Hence this appeal. 4. Shri Jagdish Vishnoi, learned counsel representing the appellant, vehemently and fervently contends that there is no direct or indirect evidence on the record of the case which can be considered sufficient so as to link the appellant with the alleged offence. The trial court's Judgment is based purely on conjectures and surmises. No witness was examined by the prosecution from the neighbourhood of the house in question so as to establish that the appellant was seen entering the house before the incident took place or was seen leaving the same thereafter. The evidence of motive attributed to the appellant by the witness Bishna Devi @ Asha (PW-2) is very weak and vacillating. The motive attributed to the appellant that he wanted a stake in the property of Smt. Rajbala would also be attributable to Bishna Devi, being the daughter of Rajbala, who would be having the same interest in her property. He urges that the aspersion cast in the evidence of Bishna Devi that Rajbala had filed an application against Ashok Kumar in the court of the SDM, Sri Ganganagar was not corroborated because no such document was collected by the I.O. during investigation nor was any such document exhibited on record of the case. He further submits that the accused was arrested in the late hours of 19.04.2013 and therefore, it was not possible for the Seizure Officer to have noticed blood stains existing on his clothes. As per Shri Vishnoi, it is unnatural that the accused would continue to wear the blood stained clothes after more than 3 hours of the incident. He thus urges that the evidence available on the record is not sufficient to affirm the guilt of the accused and he deserves to be acquitted of the charge. On these grounds, he implores the Court to accept the appeal and set aside the impugned Judgment. 5. Per contra, learned Public Prosecutor vehemently and fervently opposes the submissions advanced by the appellant's counsel. He contends that Ramchandra Sub-Inspector is a totally independent person who had casually proceeded to the spot upon receiving an information that a quarrel was taking place near Hanuman Temple, Street No. 5, Ashok Nagar. The witness had no idea about the identity of the two deceased persons or the assault. He contends that Ramchandra Sub-Inspector is a totally independent person who had casually proceeded to the spot upon receiving an information that a quarrel was taking place near Hanuman Temple, Street No. 5, Ashok Nagar. The witness had no idea about the identity of the two deceased persons or the assault. The neighbours informed the witness that the name of the deceased was Rajbala and that her grandson Ashok Kumar had come to the house and had run away after indulging in a quarrel, declaring that he had killed the two inmates of the house and had put an end to the disputes. He submits that the information given by the neighbours to Ramchandra is admissible in evidence by virtue of Section 32(8) of the Evidence Act. He further submits that the accused was found with his clothes stained with 'A' Group human blood which is same as the blood group of Smt. Rajbala and his failure to explain the presence of such blood stains soon after the incident is indicative of his inculpability for the murders. On these grounds, learned Public Prosecutor implored the Court to dismiss the appeal and affirm the impugned judgment. 6. We have given our thoughtful consideration to the submissions advanced at Bar, and have carefully re-appreciated the evidence available on record. 7. The fact that the deaths of Smt. Rajbala and Shri Rajkumar were homicidal is well established and was not even challenged by learned counsel representing the appellant. Yet, we have gone through the testimony of the Medical Jurist Dr. S.M. Batra (PW-7) who conducted the autopsy on the two dead bodies and issued the postmortem reports Ex. P/18 (Rajkumar) and Ex. P/19 (Rajbala). Both the dead bodies were found having incised wounds on vital body parts which were sufficient in the ordinary course of nature to cause death. The immediate neighbours did not come-forth to give evidence against the accused and thus, the entire case of the prosecution is based on inferences which are circumstantial in nature. Bishna Devi @ Asha (PW-2), being the daughter of Smt. Rajbala, sister of Rajkumar and the maternal aunt of the accused appellant, stated that Ashok Kumar used to fight with Smt. Rajbala demanding that the house should be sold and he should be given his share therefrom. Bishna Devi @ Asha (PW-2), being the daughter of Smt. Rajbala, sister of Rajkumar and the maternal aunt of the accused appellant, stated that Ashok Kumar used to fight with Smt. Rajbala demanding that the house should be sold and he should be given his share therefrom. The witness also alleged that Rajbala filed an application against Ashok Kumar in the year 2013 in which, notice was issued to Ashok Kumar. No significant cross-examination was conducted from Bishna Devi regarding her allegation that Ashok Kumar used to quarrel with Smt. Rajbala and used to demand a share in the value of the house so as to depreciate the evidentiary worth of what had been deposed by her in her examination-in-chief. Thus, this is a strong evidence of motive which provides a significant link in the chain of circumstances against the accused appellant. Ramchandra (PW-3), Sub-Inspector, the first informant alleged in his evidence that he reached the place of incident upon being instructed by the City Control Room. He saw the two dead bodies in the house. He inquired from the neighbours who told him about the names of the two deceased persons. He was also apprised by the neighbours that half an hour earlier, Ashok Kumar son of Hanuman Meghwal, the grandson of Rajbala, had come there; he quarreled with them and ran away saying that he had killed them and had put an end to the quarrel. These statements given by the neighbours to the I.O. constitute a relevant fact by virtue of Section 32(8) of the Indian Evidence Act. The non-examination of the neighbours in evidence either during investigation or at trial is explicable because it has come in the evidence of numerous witnesses that the investigating officer tried to call the neighbours to give evidence but none of them stepped forward. The hesitation of the neighbourhood people for giving evidence can be understood because the common people would feel daunted by the consequences of giving evidence. The accused appellant was arrested by the investigating officer Arvind Kumar (PW-13) on the very day of the incident vide arrest memo (Ex. P/11) and at the time of his arrest, he was found wearing blood stained clothes (Jeans (trouser) and a shirt) which were seized vide seizure memo (Ex. P/12). These blood stained apparel of the accused were seized and sealed at the spot. P/11) and at the time of his arrest, he was found wearing blood stained clothes (Jeans (trouser) and a shirt) which were seized vide seizure memo (Ex. P/12). These blood stained apparel of the accused were seized and sealed at the spot. Learned counsel for the appellant did not advance any argument regarding the link evidence required to prove the sanctity of the seized articles but still, we have minutely perused the same and find that the prosecution has led clinching evidence to satisfy the Court that the articles seized during investigation including the clothes taken from the two dead bodies, the clothes of the accused and the other bloodstained articles, were sealed at the spot and the seals remained intact right from the time of seizure till the same were received at the FSL on 17.05.2013. As per the FSL Report, the blood stains noticed on the clothes of Smt. Rajbala and the blood stains noticed on the clothes of the accused appellant gave positive test for the presence of 'A' Group human blood. The duty of explaining as to how these matching blood stains came on his clothes, was that of the accused but he failed to do so. Considering the above significant links of evidence available on record, we are of the opinion that the prosecution has duly proved the complete chain of circumstances pointing invariably towards the guilt of the accused and inconsistent with his innocence or the guilt of anyone else. The police officials had no reason whatsoever to falsely implicate the accused in this case. 8. In wake of the discussion made herein above, we are of the firm opinion that conviction of the accused appellant as recorded by the trial court vide the impugned judgment is based on a thorough and apropos appreciation of evidence available on record. The impugned judgment dated 14.12.2016 passed by the learned Special Judge, (Women Atrocities Act) Cases, Sri Ganganagar in Sessions Case No. 70/2013 (275/2014) does not suffer from any infirmity whatsoever warranting interference therein. 9. Thus, the appeal fails and is hereby dismissed as being devoid of merit. 10. Record be returned to the trial court forthwith.