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2020 DIGILAW 815 (HP)

Panch Ram v. State of Himachal Pradesh

2020-11-10

CHANDER BHUSAN BAROWALIA, SURESHWAR THAKUR

body2020
JUDGMENT Sureshwar Thakur, J. - The instant appeal, stands directed, by the appellants, against the judgment of their conviction, as, pronounced, on, 5.9.2019, by the learned Additional Sessions Judge, Hamirpur, upon, Session Trial No. 11 of 2016, wherethrough, findings, of conviction, became returned, upon, the appellants, for, theirs committing offence(s) punishable, under Section 147, 148, and, under Sections 302, read with Section 149, of the Indian Penal Code, (i) and, also therethrough, the, accused/appellants, stood sentenced, to, undergo rigorous imprisonment extendable, for, a period of two years, and, to pay a fine of Rs. 5000/- each, and, in default of payment of the fine amount, they become sentenced, to, further undergo simple imprisonment, for, a period of six months, for, commission of offence, punishable under Sections 147, and, 148 of the Indian Penal Code, and, besides each stood sentenced, to, undergo rigorous imprisonment, for, life, and, to pay a fine of Rs. 15,000/- each, and, in default of payment, of, fine amount, each stood further sentenced, to, undergo simple imprisonment for a period of one year, for, commission, of, an offence punishable under Section 302, read with Section 149, of, the Indian Penal Code. The appellants becoming aggrieved, from, the afore verdict of conviction, made upon, them, and, also from the imposition, upon them, of, the afore sentences, hence thereagainst, cast a challenge, through, theirs instituting the instant appeal, before this Court. 2. The genesis of the prosecution case, as, becomes encapsulated, in the statement, of, one Vinay Kumar, statement whereof is comprised, in, Ext. PW9/A, makes narrations therein, (i) that, on 23.3.2016, his, on account of Holi festival, falling on the afore date, hence not preceding to work, rather his as, of, earlier, along with Rinku, Ashu, Panku and Subhash, assembling in the fields of Rinku, and, theirs preparing meat, (ii) and, at about 6.30 PM, on the afore date, 3-4 Nepalis coming near the afore site, and, theirs thereat proceeding, to, rub cannabis plant with their hands. The afore act of the Nepali persons, are narrated therein, to become protested by Rinku, and, thereupon the Nepalis, leaving the site, and, returning to the site, at, about 7.30 PM, along with 7-8 persons, and, all of them, carrying Darats, axes and dandas. The afore act of the Nepali persons, are narrated therein, to become protested by Rinku, and, thereupon the Nepalis, leaving the site, and, returning to the site, at, about 7.30 PM, along with 7-8 persons, and, all of them, carrying Darats, axes and dandas. Moreover, he also narrates therein, that he along with PW-1 Pankaj Kumar, witnessing the afore Nepalis, inflicting blows, with user of afore weapons, of, offence, upon, Ashu and Rinku, and, in sequel thereto, blood oozing therefrom. He further makes a narration therein, qua hence theirs taking, to, hide themselves, near the wheat fields, and, owing to fear, theirs raising, a, hue and cry. Upon theirs raising, a, hue and cry, the Nepalis are, echoed therein, to flee from the spot, towards their house/shelter(s), and, thereafter, upon theirs reaching the spot, theirs noticing that Ashu, and, Rinku lying on the ground, in an injured condition, and, blood oozing from their injuries. Moreover, a further narration is also carried therein, that one axe, pieces of dandas, hence also lying on the spot. Furthermore, he states that slippers and plastic boots, were, also found lying on the spot. The villagers upon hearing their hue(s) , and, cry(ies), are echoed therein, to, also arrive at the spot. Both Ashu, and, Rinku were taken to Regional Hospital, Hamirpur, and, on reaching there, injured Rinku was declared brought dead, and, injured Ashwani was referred to PGI Hospital, but enroute, at place Bangana, he is stated to succumb, to, his injuries. 3. In pursuance, to, the recording of Ext. PW9/A, a formal FIR, bearing No. 22 of 2016, borne in Ext. PW-33/A, became registered with the Police Station Nadaun, District Hamirpur, Himachal Pradesh 4. 3. In pursuance, to, the recording of Ext. PW9/A, a formal FIR, bearing No. 22 of 2016, borne in Ext. PW-33/A, became registered with the Police Station Nadaun, District Hamirpur, Himachal Pradesh 4. The learned counsel for the appellants, makes a vehement submission before this Court, that, since the identity, of, the accused, being not known either to PW-1, Pankaj Kumar, or, to, PW-9 Vinay Kumar, who respectively stepped into witness box as PW-1, and, as PW-9, (i) thereupon the identification(s), of, the accused, by both the afore prosecution witnesses, only in court, becoming legally frail, imperatively for, (a) want of theirs, in their respectively made previous statements, disclosing therein, the key physical attributes, of, accused, for, thereafter theirs becoming enabled, to, in a valid test identification parade, hence, held by the Investigating Officer concerned, to, identify the accused, (b) thereupon reiteratedly, the afore identification in court, of the accused, by PW-1, and, by PW-9, becoming impeachable, (c) whereupon the alleged incriminatory participation, of the accused, as, becomes anchored, upon, the purported ocular account, hence rendered, by PW-1, and, PW-9, also concomitantly becomes impeachable. Moreover, the ocular account rendered, vis-a-vis, the occurrence by PW-1 and PW-9 becomes construable to be lacking, in, any probative sanctity or evidentiary vigors. 5. However, the afore submission, as, made before this Court, would hence hold tenacity only upon, a thorough, and, incisive reading, of, the testimony, rendered by PW-1, or by the Investigating Officer,hence unraveling, vis-a-vis, its/theirs containing echoings, in consonance with, the afore made submission, (a) thereupon the afore omission, would constitute a gross investigative failure, and, this Court would become constrained, to reverse the verdict of conviction, pronounced upon the accused. However, a careful reading of the deposition, occurring in the examination- in-chief of PW-1, makes candid underscroings, vis-a-vis, PW-1, making echoings qua upon his asking the names, of, the accused, theirs disclosing their names, as, Lame Chhame, and, others as Puran, Kalle, and, Rajesh. However, obviously only Hari Parshad @ Lame Chhame, and, Puran are arrayed, respectively, as co-accused No. 2, and, co-accused No. 3, in Sessions Trial No. 11 of 2016, (b) whereas, the other incriminatory participants in the relevant incident, in as much as, Kale, and, Rajesh are evidently juveniles, and, trial upon them was made by the Juvenile Justice Board concerned. Even the name of co-accused Panch Ram, does not figure, in the afore made examination-in-chief, by PW-1. Even the name of co-accused Panch Ram, does not figure, in the afore made examination-in-chief, by PW-1. However, even if assumingly, the afore made disclosure, as, occurring in the examination-in-chief, of PW-1, is, an improvement, and, or an embellishment, upon, his previously recorded statement, in writing, and, as embodied in Ext. PW-31/D-5, in as much as, his not naming the afore(s) therein(s), (c) and, also if PW-1, namely Pankaj, does not name co-accused No.1, as, the incriminatory participant, in the relevant incident, yet, all the exculpatory effects thereof rather become effaced (a) upon a reading of the cross-examination, as, made, upon, PW-1, disclosing, vis-a-vis, suggestion(s) carrying affirmative echoings, hence attributing incriminatory participation of the accused, in the relevant charged offences, becoming meted to him, in as much as, therein occurring, a, reference of the accused persons, arriving at the site of occurrence, on the day, whereat it occurred, (b) and, qua wherewith(s) a negative answer became hence meted, by PW-1, (c) per-se thereupon this Court becomes constrained, to draw an inevitable inference, and, as obviously ensues therefrom, in as much as, the learned defence counsel, rather solitarily therethrough acquiescing, to, the arrival of the accused, at the relevant site of occurrence, and, on the relevant date, besides time, and his also acquiescing, vis-a-vis, the incriminatory participation, of the accused, in the charged offence. Furthermore, therefrom an inference also becomes erectable, qua, the afore suggestion, carrying an entrenched tinge, of, familiarit(ies), of, PW-1, with the names, and, also with the identities of the accused, whereupon he became facilitated, to, without any preceding therewith, hence identification parade, being conducted by the Investigating Officer concerned, to, hence make their apt identification in court, (i) nor hence the afore purported identification, in Court, by PW-1, of the accused, acquires any purported taint, of, his embellishing, or, improving upon his previous statement recorded in writing. Moreover, infirmities, if any, in the afore made inferences, become completely cemented, through the defence counsel, while holding PW-1, to, cross-examination, his also meteing a suggestion, to him, rather suggestive of the participation of the accused, in the incriminatory occurrence, in as much as, his meteing a suggestion wherethrough, he strived to elicit, a, specific answer, vis-a-vis, the weapons of offence, hence, wielded, at the relevant time, by each of the accused, (ii) suggestion whereof per-se mobilizes an inference, qua, the defence, therethrough acquiescing, vis-a-vis, the participation of the accused, in, the charged offences. Reiteratedly, thereupon the afore made submission before this Court, appertaining to lack, of, making of previous valid statements, before the Investigating Officer, by PW-1 and or by PW-9 and, therein, his/theirs making disclosures, vis-a-vis, the key physical attributes, of each of the accused, for, thereafter(s) theirs becoming facilitated, to, in a valid identification parade, hence identify them thereat, and, rather theirs identifying in court, each of the accused, hence rendering faulty, the, identification, of the accused only in court, rather does necessarily, and, obviously become(s) construable, to be an argument, hence warranting rejection, (iii) significantly, for the aforestated reasons. In sequitur, the, identification in Court, by the afore PWs, of all the accused, becomes enveloped, in an aura of evidentiary creditworthiness. 6. Be that as it may, apart from the afore made inferences, additional impetus thereto becomes bolstered, through PW-10, and, PW-11, both, of, whom, are, the uncontroverted employers, of, the accused, in their respective examinations-in-chief, making candid voicings qua theirs holding knowledge, qua the participation of the accused, in the charged offence. Moreover, both the afore prosecution witnesses, in their respective examinations-in-chief, proceeded to identify the accused, to be the persons, vis-a-vis, whom they made the afore alluded bespeakings, in their respective examinations-in-chief. The afore made bespeakings, occurring in the examinations-in-chief of PW-10, and, PW-11, remained unattempted, to be refuted, vis-a-vis, their efficacy, even during, the course of the learned defence counsel, conducting cross-examinations, upon them. The afore made bespeakings, occurring in the examinations-in-chief of PW-10, and, PW-11, remained unattempted, to be refuted, vis-a-vis, their efficacy, even during, the course of the learned defence counsel, conducting cross-examinations, upon them. The effects of the afore omission(s), is, qua this Court being leaned to conclude, (i) vis-a-vis, the identification(s), of, the accused, through the afore unshattered testifications, of, PW-10, and, PW-11, cogently purveying succor, to the depositions of PW-1 and PW-9 hence obviously through theirs rendering corroboration(s) thereto, (ii) and, also thereupon, dehors, any test identification parade, being conducted by the Investigating Officer concerned, prior to all the afores, rather making the identification(s) in court, of the accused, rather their inter-se corroborative testification, vis-a-vis, the factum probandem, and, as emanates, from a conjoint reading, of, the testimony, rendered by PW-1, and, PW-9, and, also by PW-10, and, PW11,hence emphatically clinching, the charges drawn against the accused. Moreover, therethroughs, most emphasisingly, the afore purported wants, of, holding(s) of the apposite test identification parade, by the Investigating Officer concerned, and also his wants, of, eliciting the participation(s) thereins, of, the accused, and, of PW-1 and PW-9, did not render, incapacitated either PW-1 or PW-9, to identify the accused, in, Court, (b) nor hence the afore wants render nugatory, the credible ocular account made by PW-1 and PW-9, and, appertaining to the incriminatory participation, of, the accused, in the charged offence. Furthermore, the effect, of, the afore drawn inference, is qua, the, report of the FSL concerned, wherein no incriminatory echoings, are borne, vis-a-vis, the accused also being rendered nugatory. 7. The learned counsel appearing, for the appellants has also contended, with much vigor, before this Court, that since, readings of the echoings, occurring in the examination-in-chief, of, PW-1, and, of PW-9, (i) unfold qua theirs fleeing, from the spot, and, theirs hiding in the wheat fields, occurring in the vicinity of the site of occurrence, hence both PW-1, and, PW-9, became precluded, to sight, the happening at the relevant site, and, also their ocular account(s) rather not holding any credibility. However, the strength of the afore, becomes completely blunted, hence from the trite echoings, borne, in the cross-examination of PW-1, wherein suggestions appertaining, to the duration, of, the incriminatory incident, became meted to PW-1, and, obviously therefrom, an inference becomes erectable, vis-a-vis, the defence acquiescing, to, the sighting, of, the occurrence, by PW-1, and, PW-9. However, the strength of the afore, becomes completely blunted, hence from the trite echoings, borne, in the cross-examination of PW-1, wherein suggestions appertaining, to the duration, of, the incriminatory incident, became meted to PW-1, and, obviously therefrom, an inference becomes erectable, vis-a-vis, the defence acquiescing, to, the sighting, of, the occurrence, by PW-1, and, PW-9. In aftermath, when as aforestated, they rather, render their respective depositions, without any taint, of, theirs improving or embellishing, upon theirs respectively recorded previous statements in writing, and, nor when they render narrations, vis-a-vis, the charged offence, with any iota, of, any inter-se contradictions, rather when there occur(s), the completest inter-se corroborations, interse, the test-imony(ies), of, PW-1, and, of PW-9, (ii) thereupon their consistent ocular account(s), vis-a-vis, the charged offence, become amenable, for, fastening, of, credibility thereto. 8. The post mortem report, appertaining to deceased Rinku, is, comprised in Ext. PW-16/B, and, thereins, the ante-mortem injuries occurring thereons, hence find narration(s), injuries whereof are extracted hereinafter:- 1. There was clean cut margin incised wound on right side of chin, obliquely placed. It was 6 cm long with maximum breadth 2 cm and there was clotted blood present in and around the wound. Wound was bone deep, cutting the mandible. 2. Central incisor right side and lateral incisor left side of upper jaw were absent with injury to there sockets and was presence of bleeding from these sockets and their gums, whereas lateral incisor of right side and medial incisor of left side of upper jaw were loose due to dislocation with presence of bleeding. There was reddish coloured abrasion of inner surface of upper lip corresponding to all incisors of upper jaw in area of 4cm x 3 cm and upper lip was swollen. 3. There were patterned bruises in three directions,two parallel bruises on each three directions as soon in the diagram in the post mortem report was suggestive of either with stick or with rod. Each bruise was in area of 13 cm x 1.5 cm. These said bruises were of reddish coloured and on back of chest in infra scapular regions. 4. There were reddish coloured patterned bruises on back of chest on left side lateral to D 5 D 11, parallel to each other, each bruise was in area of 13cm x 1 cm. 5. There was reddish coloured bruise over right scapula in area of 8 cm x 3 cm. 4. There were reddish coloured patterned bruises on back of chest on left side lateral to D 5 D 11, parallel to each other, each bruise was in area of 13cm x 1 cm. 5. There was reddish coloured bruise over right scapula in area of 8 cm x 3 cm. 6. There was reddish blue coloured contusion on lateral aspect of right arm in its proximal portion in area of 9 cm x 1.5 cm. 7. Medial to above said contusion mentioned in injury No. 6, there was reddish blue coloured contusion on said right arm in area of 2 cm x 1.5 cm. 8. Reddish coloured abrasion was present in middle 1/3 portion of right fore arm on back side in area of 2 cm x 0.5 cm. 9. There were sharp edged incised wounds, two in number in occipital area, one on right side was 4 cm x 2cm x bone deep, whereas the another one was in mid portion, medial to the above said wound, it was 2cm x 1 cm x bone deep. Blood fluid was coming out from these wounds. During dissection of scalp and skull, clotted was present over whole of skull and its mussels as well as on inner surface of scalp over both parietal regions, left temporal region up to ear. There was fracture of occipital bone, fracture was depressed comminuted in occipital region in area of 5cm x 4 cm. After opening the skull cap, there was extra dural haemorrhage, dura was torn in occipital region. There were subdural and sub arachnoid haemorrhages. Contusion of right cerebral hemisphere was present in its back portion in area of4.5 cm x 5.5 cm. 10. Left clavicle was fractured, there were fracture of rib 1st to 11th on left side of chest, left pleural cavity was having about one litter of blood fluid, lower lobe of left lung was ruptured. Right clavicle was fractured, there were fracture of ribs 1 to 4 on right side, right upper lobe of lung was ruptured. There was about 750 ml of blood fluid in right thoracic cavity. The intercostal muscles were grossly contused at the site of fracture ribs on both sides. 11. There was harp edged wound with clean cutmargins, over proximal portion of nose, it was 1.5 cm x 0.5 cm x bone deep with fracture nasal bone. There was about 750 ml of blood fluid in right thoracic cavity. The intercostal muscles were grossly contused at the site of fracture ribs on both sides. 11. There was harp edged wound with clean cutmargins, over proximal portion of nose, it was 1.5 cm x 0.5 cm x bone deep with fracture nasal bone. Clotted blood was present in and around the wound. 12. There were multiple reddish coloured abrasion son right side of face in area of 8 cm x 5 cm. Underlying right maxilla was fractured. 13. There was reddish coloured abrasion on right side of fore head extending to right eyebrow in area of 3cm x 2 cm. 14. Reddish coloured abrasion in 2 cm x 1 cm area on left side of fore head above eyebrow was present. 15. Reddish blue coloured contusion was present on left side of fore head in area of 6 cm x 5 cm. 16. There were multiple reddish coloured abrasion on back of right hand over its proximal part in area of 8 cm x 1 cm. 17. Reddish coloured abrasion on back of right wrist and fore arm in area of 5 cm x 0.5 cm over reddish coloured contusion in area of 5 cm x 6 cm. 18. There was reddish coloured linear abrasion onmedial side of right arm in lower half portion of length1.5 cm over radish coloured contusion in area of 2 cm x 1.5 cm. 19. There was reddish coloured abrasion in upper 1/3 portion of right thigh on its lateral surface in area of1.5 cm x 1 cm. 9. The post mortem report appertaining to deceased Ashwani Kumar is comprised in Ext. PW-16/F, and, thereons the ante-mortem injuries occurring therein(s) hence find narrations, injuries whereof are extracted hereinafter:- 1. There was bluish coloured contusion below right Ear in area of 9 cm x 8 cm. 2. Right eye was blackish blue and swollen and was a black eye. There was reddish coloured abrasion on right side of face in area of 6 cm x 3 cm. 3. There was bluish coloured contusion on lateral and posterior surface of right shoulder and right arm in area of 22 cm x 11 cm. 4. There was bluish coloured contusion on back of abdomen on right side extending to right gluteal region in area of 41 cm x 18 cm, extending from level of D 10. 3. There was bluish coloured contusion on lateral and posterior surface of right shoulder and right arm in area of 22 cm x 11 cm. 4. There was bluish coloured contusion on back of abdomen on right side extending to right gluteal region in area of 41 cm x 18 cm, extending from level of D 10. 5. There was reddish coloured abrasion over front to lateral surface of right iliac crest in area of 04 cm x 01cm. 6. Bluish red coloured contusion was present on back surface of right hand in area of 08 cm x 10 cm. 7. Reddish coloured abrasions were present on back of fingers (Index to little and thumb) of right hand over joints of proximal middle phalanges joints. 8. During dissection of scalp and skull, there was clotted blood over whole of skull and over inner surface of scalp, after removing clotted blood, there was depressed, comminuted fracture in right temporo parietal bones of skull in area of 08 cm x 05 cm extending as fissure fracture in left temporo parietal bone and left temporal bone upto left year, blood fluid was coming out from the site of fracture. Afterre moving skull cap, there was extra dural haemorrhage. Dura was torn at right temporo parietalarea, after opening dura, there was diffused sub-duraland sub archnoid haemorrhages. Cerebral hemisphereon right side was contused in area of 05 cm x 04 cm over outer surface with presence of small piece of bone in it. After removing the dura and brain, there was fissure fracture in right anterior cranial fossa. 10. Pw-16, who conducted autopsy, upon, the bodies of the afore deceased, stepped into the witness box, and, during the course of his examination-in-chief, has proven, the, afore post mortem reports. Moreover during the course of his examination-in-chief, upon, permission being granted, by the learned Trial Judge, the sealed cloth parcel(s) containing therewithin(s), the weapons of offence, became opened, and, after retrieving them, from, the sealed paracels, hence holding therewithin(s), the, recovered weapons of offence, each became shown to PW-16, (i) and, thereins, he loudly pronounces, vis-a-vis, injuries borne, in, Ext. PW-16/B, and, Ext. PW-16/F, rather, being causable through user thereon(s), of, the afore shown, to him, hence weapons of offence. PW-16/B, and, Ext. PW-16/F, rather, being causable through user thereon(s), of, the afore shown, to him, hence weapons of offence. The afore made pronouncement, occurring in the examination-in-chief of PW-16, acquires an aura of evidentiary solemnity, paramountly, when no efficacious cross-examination qua therewith, became conducted upon him, by the learned defence counsel, (ii) therefrom an apt corollary ensues, qua, hence there occurring inter-se compatibility, inter-se medical evidence, and, vis-a-vis, the afore alluded credible ocular account, appertaining to the incriminatory participation, of, the accused, in, the charged offence. 11. The recoveries of weapons of offence, where to which, became respectively assigned exhibit Marks, P-2, P-4, P-6, and, P-8, became effectuated, through Ext. PW3/D. Moreover the recovery of 6 Darats, became effectuated, through memo comprised in Ext. PW-8/B. However, the afore made recovery(ies), through the afore drawn memos, remained uneffectuated through the statutorily ordained mechanism, as, becomes embodied, in Section 27 of the Indian Evidence Act, in as much as, despite the afore provisions rather casting, (a) a statutory injunction upon the Investigating Officer, to record a valid disclosure statement, of the accused, prior to the recovery, of, weapons of offence, being effectuated, (b) besides the afore drawn disclosure statement(s) , containing the signatures, of, the accused, (c) whereafter, the recoursings, by the Investigating Officer concerned, to effectuate recovery(ies) of weapons of offence, through recovery memos, hence may become construable to be a valid recoursing(s), whereas, rather the Investigating Officer breaching the afore mandate, thereupon, prima facie, no validity is assignable to the afore made recovery(ies). However, thereupon this Court would not come, to negate the afore drawn conclusion, nor would negate the conspicuous loud credible echoings, made respectively by PW-1, and, PW-9, underlining therein the incriminatory participation of the accused in the charged offence, and, whereto become(s), meted, the, completest corroboration(s), by PWs-10, and, PW-11, and, besides when completest inter-se synchronizations, upsurge inter-se, medical evidence, and, ocular account(s). 12. Conspicuously and reiteratedly, the recoveries of weapons of offence, became effectuated through memo Ext. PW-3/D, and, through memo Ext. PW-8/B, and, since the marginal witnesses thereto, in their respective examinations-in-chief, efficaciously prove all the recitals, as borne, in the afore memos, thereupon validity is to be assigned to the drawings of the afore memos. 12. Conspicuously and reiteratedly, the recoveries of weapons of offence, became effectuated through memo Ext. PW-3/D, and, through memo Ext. PW-8/B, and, since the marginal witnesses thereto, in their respective examinations-in-chief, efficaciously prove all the recitals, as borne, in the afore memos, thereupon validity is to be assigned to the drawings of the afore memos. Moreover, both the afore, during the course of their respective examinations-in-chief, became shown the weapons of offence, enclosed within the cloth parcels, after theirs becoming retrieved therefrom, and, whereupon(s), they disclosed them to be the ones, as became recovered, through, the afore memos, comprised in Ext. PW-3/D, and, in Ext. PW-8/B. However, during the course of the learned defence counsel, conducting cross-examinations, upon them, he rather omitted to mete any suggestions to them, hence containing echoings, vis-a-vis, falsity of drawings of the afore memos Ext. PW-3/D, and, Ext. PW-8/B. Consequently, the afore echoings occurring in, the, examinations-inchief of PW-3, and, PW-8, and, appertaining to validity of drawings of Ext. PW-3/D, and, Ext. PW-8/B, acquire an aura of completest evidentiary solemnity, and, also cast a further effect qua the defence acquiescing, vis-a-vis, their user, at the relevant time, by the accused, in the charged offence(s). Moreover, the learned defence counsel, while holding the afore to cross-examination, omitted to also mete any suggestion, to each of them, hence personificatory, vis-a-vis, the place, of, the apposite recovery(ies), rather not being the apposite place(s), hence occupied by any of the accused. Conspicuously, the effect of the afore omission, is, rather it garnering an inference, qua hence the place(s) wherefrom, the weapons of offence, as, became recovered, through drawing(s), of, memos, respectively borne in Ext. PW-3/D, and, in Ext. PW-8/B, being construable, to be in possession, and, occupation, of the accused, (i) and, also concomitantly therefrom inferences, hence become sparked, vis-a-vis, the recovery(ies) made through the afore memos, being validly proven, on, all facets. Moreover, therefrom a further apt sequel becomes bolstered qua within the afore place(s), the accused hiding, or, camouflaging the weapons of offence(s), reiteratedly for wants of the afores, becoming cross-examined, hence appertaining to the afore factum. Consequently, infirmities, if any, as purportedly spur for, from, the afore memos, not being drawn, in consonance with the mandate, borne in Section 27 of the Evidence Act, rather therethroughs becoming subsumed, and, underwhelmed. 13. Xxx 14. Consequently, infirmities, if any, as purportedly spur for, from, the afore memos, not being drawn, in consonance with the mandate, borne in Section 27 of the Evidence Act, rather therethroughs becoming subsumed, and, underwhelmed. 13. Xxx 14. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has appraised the entire evidence, on record, in a wholesome and harmonious manner, apart therefrom, the analysis of the material, on record, by the learned trial Court, does not, suffer from any gross perversity or absurdity of mis-appreciation and non appreciation of evidence on record. Consequently, there is no merit in the instant appeal, hence, it is dismissed, and, the impugned verdict, is, affirmed, and, maintained. Records be sent back forthwith.