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Himachal Pradesh High Court · body

2021 DIGILAW 117 (HP)

Arjun Singh v. State of H. P.

2021-03-06

SURESHWAR THAKUR

body2021
JUDGMENT : SURESHWAR THAKUR, J. 1. The accused, becomes aggrieved, from a verdict, of, conviction, and, consequent therewith sentence, imposed upon him, by the learned Additional Sessions Judge-II, Solan, H.P., upon, Session Trial No. 11ASJ-II/7 of 2016, where through he became convicted, for a charge, drawn under Section 307 of the I.P.C., and, also became sentenced to undergo simple imprisonment, extending for a period of seven years, and to pay fine of Rs. 5,000/-. In case of default, he became further sentenced to undergo simple imprisonment, for six months. However, the learned trial Court made an order, of, acquittal, upon the accused, for a charge drawn, under Section 506 of the I.PC. 2. Necessarily, the accused/appellant, for, invalidating the afore made conviction, and, the consequent therewith, imposition, of, the afore sentence, upon him, hence through the impugned verdict, has thereagainst, cast the instant appeal, before this Court. 3. The genesis, of, the prosecution case, becomes embodied in a statement made by the Uncle, of, the victim, statement whereof, is embodied in Ext. PW1/A, in pursuance whereof, the first information report, embodied in Ext. PW15/D, became recorded with the Police Station Arki. A narration is borne therein that on 6.6.2015, Up-Pradhan, Vinod Kumar, Ghanaghughat, telephonically informing the author, of, Ext. PW1/A, that his nephew Manoj Kumar, who operates, the, business, of, bee keeping at Ghanaghughat, becoming subjected to beatings by somebody, and, that the Up-Pradhan had called 108 ambulance. The the author, of, Ext. PW1/A, states therein, that his nephew was brought to Arki Hospital at 12:20 p.m. by 108 ambulance, and, that blood was oozing profusely, from his head, nose, and, legs and the other body parts. He also echoes therein, that he did not, hold any personal knowledge, of, the afore made assault, upon his nephew, and, prayed that an appropriate action, be taken on his complaint. An echoing occurs in Ext. PW6/A, that the victim, one Manoj Kumar, was unfit to make a statement. 4. An eye witness to the occurrence, PW-1, one Pankaj, who at the relevant time, of, occurrence, hence, happening at the site of occurrence, mentioned in Ext. An echoing occurs in Ext. PW6/A, that the victim, one Manoj Kumar, was unfit to make a statement. 4. An eye witness to the occurrence, PW-1, one Pankaj, who at the relevant time, of, occurrence, hence, happening at the site of occurrence, mentioned in Ext. PW17/E, had hence ingressed into the relevant tent, as, depicted therein, and, who made a statement, before the Investigating Officer concerned, that his entry into the tent becoming sequelled, by his, and, one Jai Prakash, hearing eruption(s), of noise therefrom, (i) and, with a further echoing therein qua, upon his entering into the tent, his noticing blood oozing from the head, of, the victim, Manoj Kumar, (ii) and, that Arjun Kumar was noticed to be holding a rod, in his hand, and, also the afore being noticed to flee from the site of occurrence. The afore made statement, before the Investigating Officer concerned, by one Pankaj Kumar, was in tandem therewith, hence testified, by him, in Court. 5. Obviously since PW-11, Pankaj Kumar, who testified, in support, of, the charge does become, an eye witness to the occurrence, (i) thereupon, when in his examination-in-chief, he has made underscoring(s), hence, unflinchingly underlining the incriminatory participation, of, the accused/convict, in the relevant offences, (ii), thereupon, when, even during the course, of, a rigorous cross-examination, whereto which, he became subjected to by the learned defense counsel, no elicitation(s), rather emanated from him, for undermining the attribution, by him, of, an incriminatory role to the accused, and, as became comprised in his examination-in-chief, thereupon his ocular account, vis-à-vis, the occurrence, does acquire the completest probative vigor. 6. In addition, the victim, stepped into the witness box, as PW-5, and, has completely supported the ocular account, narrated qua the occurrence, by PW-11, and, during the course, of, his exacting crossexamination, by the learned defense counsel, no voicing(s) emerged, rather for, denuding, the effect, of, his deposition, comprised in his examination-in-chief, wherein, rather he completely corroborates, the, credible ocular renditions, qua the occurrence, by PW-11. Consequently, with the completest interse corroboration, in proof, of, the charge, drawn under Section 307 IPC, against the accused/convict, hence making candid undislodged emergence(s), (i) thereupon, perse thereon(s), this Court, does not become, inclined to interfere with the verdict, of, conviction, returned against the accused. Consequently, with the completest interse corroboration, in proof, of, the charge, drawn under Section 307 IPC, against the accused/convict, hence making candid undislodged emergence(s), (i) thereupon, perse thereon(s), this Court, does not become, inclined to interfere with the verdict, of, conviction, returned against the accused. Added impetus to the afore inference, becomes garnered from the factum of, the defense counsel, during the course, of, his making cross-examination, upon PW-5, its taking to mete suggestion(s), to him, suggestion(s) whereof, became enveloped, in an affirmative parlance, rather connotative, vis-à-vis, owing to darkness, prevailing inside the tent, the victim being disabled to notice, and, identify the accused, (ii) and, with a disaffirmative answer, being meted thereto, by PW-5, (iii) thereupon, therethrough, the defense acquiesces, vis-àvis, the happening, of, the, incriminatory occurrence, of, the relevant scuffle, inside the tent, hence displayed in the site map, borne in Ext. PW17/E, and, when as aforestated, the purported disputed factum, of, participation, in the relevant incriminatory occurrence, of the convict/accused, became un-attempted to be shed of its efficacy, (iv) especially when it became un-erodingly pronounced, by PW-11, thereupon, the afore purported disputed factum, becomes completely waned, and, also blunted. 7. Be that as it may, the Investigating Officer concerned, during the course, of, conducting investigation(s), into the charged offence(s), had collected the rod, Ext. P-2, through memo, drawn in Ext. PW7/A, and, when one, of, the afore signatories thereto, namely one Dharam Chand, upon, stepping into the witness box, as PW-12, has, proceeded to prove, existence(s) thereon, of his valid signatures, (i) besides also, has proven all the recitals, borne therein, (ii) and, when no tenacious cross-examination, for repelling the truth, of, the recitals, borne therein, became conducted upon him, (iii) thereupon, the drawing, of, Ext. PW7/A, acquires an aura, of, validity. Even if, Ext. PW7/A, was not prepared in pursuance to compliance, being meted by the Investigating Officer, vis-à-vis, the apposite enshrined mandate, carried in Section 27, of, the Indian Evidence Act, where through, he became enjoined to ensure recovery, of, Ext. P-2, through his prior thereto, recording, a disclosure statement, of, the convict, and, whereafter, recoveries, as made by him, at the instance, of, the accused, of, Ext. P-2, would also fall within the domain, of Section 27 of the Indian Evidence Act, (iv) nonetheless the afore infirmity, does become enfeebled, from Ext. P-2, upon, its being sent, through road certificate, borne in Ext. P-2, would also fall within the domain, of Section 27 of the Indian Evidence Act, (iv) nonetheless the afore infirmity, does become enfeebled, from Ext. P-2, upon, its being sent, through road certificate, borne in Ext. PW15/B, to the chemical examiner, working at the FSL concerned, the latter, upon comparison, of, the blood stains carried thereon, with the blood group of the victim, rather making an opinion qua their occurring interse commonality. The afore made opinion, by FSL concerned, upon, the, weapon of offence, is, embodied, in, the apposite report, wheretowhich Ext. P-2, becomes designated. The afore opinion acquires the most formidable evidentiary vigor, as it is made upon Ext. P-2, upon its becoming enclosed in a sealed cloth parcel, and the afore sealed cloth parcel, hence enclosing it, uninterruptedly, and, in an un-broken chain, travelling upto the FSL concerned, imperatively since the stage, of, the collection, and, thereafter, it likewise hence it became produced, in Court, for its being shown, to the prosecution witnesses concerned. In addition, since the defence, has not questioned, during the course, of, its production in Court, hence the seals occurring thereon(s), nor has questioned the validity, of, collection, of, the blood samples , of, the victim, qua wherewith, the apposite matching(s), were made, (iv) thereupon, the opinion made by the FSL, in its report, borne in Ext. PX, and, its making an echoing, vis-à-vis, Ext. P-2, hence containing stains of blood, rather making, the, completest interse matching(s), with the blood group, of, the victim, does constrain this Court, to conclude that there occurs, the, completest, interse corroboration, interse the afore ocular account, qua the occurrence, visà- vis, the afore best scientific evidence, and, thereupon, the charge drawn, under Section 307, of, the IPC, becomes efficaciously proven. 8. In addition, through memo drawn, in Ext. PW7/D, stained mud piece, Ext. P-5, stained envelope, Ext. P-6, stained newspaper, Ext. P-4, became recovered and all were enclosed in jar Ext. P-3, and, whereafter, Ext. P-3, became enclosed in a sealed cloth parcel, and, thereafter, through road certificate, borne in Ext. PW15/B, all became sent to the FSL concerned, and, thereon, the latter, in its report, borne in Ext. P-X, upon, making interse matching(s), of, the blood stains, occurring thereon, with the blood group, of, the victim, made an opinion that there occurring, the, completest interse matching(s). PW15/B, all became sent to the FSL concerned, and, thereon, the latter, in its report, borne in Ext. P-X, upon, making interse matching(s), of, the blood stains, occurring thereon, with the blood group, of, the victim, made an opinion that there occurring, the, completest interse matching(s). The afore opinion does also, make the charge drawn against the accused, under Section 307 of the IPC, to, become completely proven, and, galvanized impetus thereto, becomes mobilized, from the collections, through Ext. PW13/A, of trousers, Ext. P-8, and, further from the afore collection, becoming enclosed, in a sealed parcel, and, thereafter becoming sent to, through, road certificate, borne in Ext. PW 15/B, to the FSL concerned, and, whereon(s), the FSL, upon making the interse matching(s), of, blood stains, carried thereon(s), with the blood group, of, the deceased, hence recording an opinion, qua their occurring interse matching(s). (i) In aftermath, the afore opinion, comprises the conclusive best scientific evidence, for, nailing the charge, under Section 307, of, the IPC, against the accused. Conspicuously, since the sealed cloth parcel, enclosing the afore alluded items, travelled in an un-interrupted and un-tampered condition, from the stage, of, their collections, upto the FSL concerned, and, thereafter, became produced/returned in an alike manner, before the learned trial Court, (ii) and, since upon their respective production(s), before the learned trial Court, the learned defense counsel, has not, questioned the existence, of, seals(s) thereon(s), nor has been able to elicit, from the signatory thereof, namely, one Dharam Chand, any echoing, for hence repelling the validity, of, drawings, qua therewith the afore respectively, prepared recovery memo(s). In sequel, the, incriminatory opinion, recorded upon, all the items, referred in the report, of, the FSL hence embodied in Ext. P-X, does acquire, fortifying incriminatory probative sanctity. 9. The Doctor concerned, who subjected the victim, to medical examination, has upon his stepping into the witness box, as PW-6, has proven, the, apposite MLC, drawn, by him, MLC whereof, is, embodied in Ext. PW6/B, whereins, the hereinafter extracted observations are made: “1. Split laceration frontal area of skull measuring 2 inchx 1 inch with underlying skull bone visible reddish in colour with clotted blood present. 2. Lacerated wound again on the frontal area of the skull measuring 1.5 inches x 1 inch with underlying skull bone visible, reddish in colour with clotted blood present. 3. Split laceration frontal area of skull measuring 2 inchx 1 inch with underlying skull bone visible reddish in colour with clotted blood present. 2. Lacerated wound again on the frontal area of the skull measuring 1.5 inches x 1 inch with underlying skull bone visible, reddish in colour with clotted blood present. 3. Split lacerated wound over parietal area of skull with underlying skull bone visible measuring 3 inches x 1 inch, reddish in colour with clotted blood present. 4. Lacerated wound over occipital area of skull with underlying skull bone visible measuring 4 inches x .5 inch, reddish in colour with clotted blood present.” He has also, upon being shown Ext. P-2 in Court, has disclosed that the hereinabove extracted injuries, being causable with user(s) thereof. Consequently, medical opinion, also succors, the aforestated credible ocular account(s), as well as, the, afore alluded scientific evidence, hence existing against the accused, thereupon, this Court becomes forbidden, to, accord any benefit, of, doubt, to the accused. 10. Lastly, PW-19, in his deposition, has underscored, that the injuries, noticed to be existing, on the body, of, the victim, upon his meteing treatment, to him, being dangerous to life, whereupon the conviction, and consequent therewith sentence, made upon, the accused, for a charge, drawn, under Section 307, of, the IPC, does not call for any interference, being made qua therewith. 11. In summa, there is no merit in the instant appeal, and, the same is dismissed. The impugned judgment is maintained and affirmed. No costs.