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2021 DIGILAW 1418 (RAJ)

Dhula v. State Of Rajasthan

2021-08-10

MANOJ KUMAR GARG, SANDEEP MEHTA

body2021
JUDGMENT Manoj Kumar Garg, J. - The instant criminal appeal has been filed by the accused appellant under Section 374(2) Cr.P.C. against the judgment dated 21.09.2016 passed by the learned Additional Sessions Judge No.1, Udaipur in Sessions Case No.100/2013 (C.I.S. No.554/2014) whereby the learned Judge convicted and sentenced the accused-appellant as under :- OFFENCE PUNISHMENT Section 302 IPC Life Imprisonment with fine of Rs. 5,000/-, in default of payment of fine, to further undergo one years simple imprisonment. Section 397 IPC 7 years Simple Imprisonment 2. Both the sentences were ordered to run concurrently. 3. Brief facts of the case are that a written report (Ex.P/1) was filed by one Nathu Lal at the Police Station, Gogunda, Distt. Udaipur on 06.10.2011 stating therein that at about 1 O'clock, his mother Smt. Dhuli Bai, aged about 65 years, went for grazing buffaloes in the field of one Nana Lal. He was at the home till 4 O'clock. Thereafter, the complainant went to Amba Mata Temple. Their buffaloes returned home on their own at about 6 O'clock in the evening but his mother did not come back. His wife Smt.Geeta went to the field and searched but could not find Smt. Dhuli Bai. When the complainant returned home from the temple at about 7 O'clock, his wife told him that his mother had not returned home from the fields. The complainant, along with Padaa Meghwal, Heeralal Gurjar, Laxman Gurjar, Daulat Gurjar, Champa Gameti looked out in the fields, wells and forest to search his mother-Smt. Dhuli Bai. They found her slippers and veil in the field of Nana Lal Meghwal. On the western side, the dead body of Smt. Dhuli Bai was lying. The eyes of Smt. Dhuli Bai were punctured and her face was crushed by blows of stones. Her both legs were also crushed with stones. Both her legs had been chopped off and the silver rings and bangles worn on the feet and hands as well as the gold ear-rings worn in the nose, silver tops worn in the ears were missing. It was stated in the complaint that unknown persons killed her mother and looted the ornaments from her body. 4. On the basis of the said report, the Police registered an FIR No.248/2011 for offences under Sections 302, 397 IPC and started investigation. During the investigation, the appellant was arrested. It was stated in the complaint that unknown persons killed her mother and looted the ornaments from her body. 4. On the basis of the said report, the Police registered an FIR No.248/2011 for offences under Sections 302, 397 IPC and started investigation. During the investigation, the appellant was arrested. After usual investigation, the police filed charge sheet against the accused-appellant for offence punishable under Sections 302 & 397 IPC. The case was committed for trial to the court of Additional Sessions Judge No.1, Udaipur where the charges were framed against the accused-appellant. He pleaded not guilty and claimed trial. 5. At the trial, the prosecution examined as many as 23 witnesses in all and exhibited 31 documents in documentary evidence. Thereafter, the statement of the accused-appellant was recorded under Section 313 Cr.P.C. No witness was examined on the defence side. After conclusion of the trial, the learned Additional Sessions Judge No.1, Udaipur vide judgment dated 21.09.2016 convicted the appellant for offence under Section 302, 397 IPC and awarded the sentences mentioned above. 6. Learned counsel for the appellant vehemently argued that the prosecution case is based on circumstantial evidence and there is no direct evidence against the accused-appellant connecting him with commission of alleged offence. Learned counsel submitted that there is no evidence on record that the accused-appellant was last seen with the deceased. So far as the recovery of ornaments allegedly made by the police from the appellant, the ornaments were earlier shown to the witnesses so they could identify the ornaments. It is further argued that there is difference in the weight of the jewelry mentioned in the First Information Report and those recovered on the information of the accused. In nutshell, the learned counsel submitted that the recoveries are wholly unreliable and the same are liable to be discarded. In these circumstances, the learned trial Court was not justified in convicting the accused-appellant for the offence under Section 302 & 397 IPC. Learned counsel submits that the appeal of the accused-appellant merits acceptance in the facts and circumstance of the present case. 7. Per contra, learned Public Prosecutor opposed the submissions advanced by learned counsel for the appellant. While supporting the judgment of conviction passed by the learned trial Court, he submitted that there is circumstantial evidence, which fully connects the accused-appellant with the alleged crime. 7. Per contra, learned Public Prosecutor opposed the submissions advanced by learned counsel for the appellant. While supporting the judgment of conviction passed by the learned trial Court, he submitted that there is circumstantial evidence, which fully connects the accused-appellant with the alleged crime. The ornaments of the deceased-Smt. Dhuli Bai were recovered from the accused-appellant and were correctly identified by PW-1 Nathu Lal, the son of the deceased. He further submitted that after the arrest of the accused-appellant, the blood-stained clothes were recovered from his possession and the blood group on the clothes of the appellant matched with the blood group of the deceased. Thus, the prosecution was able to prove the allegations against the accused-appellant beyond all manner of doubt. He submitted that in these circumstances, the learned trial Court was perfectly justified in convicting the accused-appellant vide judgment dated 21.09.2016 and the same does not warrant interference by this Court. 8. We have heard the learned counsel for the appellant as well as learned public prosecutor, perused the impugned judgment passed by the learned trial court and also gone through the record of the case. 9. The informant-Nathu Lal, who is the son of the deceased, was examined as PW-1. He has stated that his mother went for grazing buffaloes in the field of Nana Lal Meghwal on 06.10.2011 and in the evening, the buffaloes returned but his mother did not come back. Thereafter, he along with other persons went for search of his mother and saw the dead body of his mother lying towards the western side of the field of Nana Lal Meghwal. Both her legs had been chopped off and the ornaments worn by her were missing. The accused-appellant was arrested on 15.10.2011 and recovery of ornaments was made from the possession of the appellant. The identification of the ornaments was conducted from PW-1 Nathu Lal vide Exhibit-P/10 and he correctly identified the ornaments belonging to his mother. These ornaments were also exhibited during the evidence of Nathu Lal at the trial and he correctly identified the same to be of his mother. 10. Pw-22 Pukhraj Shrimali is the Tehsildar, who got conducted the test identification parade of the ornaments, which were recovered at the instance of the accused-appellant. He deposed that identification proceedings were faithfully held and the witness Nathu Lal correctly identified the said ornaments in the proceedings. 11. 10. Pw-22 Pukhraj Shrimali is the Tehsildar, who got conducted the test identification parade of the ornaments, which were recovered at the instance of the accused-appellant. He deposed that identification proceedings were faithfully held and the witness Nathu Lal correctly identified the said ornaments in the proceedings. 11. Pw-6 Smt.Geeta Bai is the daughter-in-law of the deceased, who mentioned that her mother-in-law Smt. Dhuli Bai went for grazing buffaloes at about 1 O'clock in the afternoon. In the evening, when buffaloes came back and her mother-in-law did not return, then she informed her husband and after that, her husband along with some other persons went in search of her mother-in-law. The dead body of her mother-in-law was recovered from the field of Nana Ram Meghwal. She stated that her motherin-law always wore jewelry items, which were missing from her dead-body. 12. As per the post-mortem report (Ex.P-16), Smt. Dhuli Bai received three injuries in all. There was bilateral amputation of lower one third of both the legs. The fracture of Maxillary bone was found and right leg Tibia bone was visibly fractured. The cause of death was shock due to excessive bleeding from both the legs, which shows that the deceased was mercilessly killed by the assailant. As per the cogent testimony of the Investigating Officer, PW-21 Hanwant Singh, the blood stained shirt and pant of the appellant were recovered from his possession after his arrest. According to the FSL report, the blood group on the clothes of the appellant was found matching with the blood group found on the clothes of deceased. The aforesaid circumstances form a complete chain of circumstantial evidence unequivocally establishing guilt of the accused-appellant. 13. On similar facts and circumstances, the Hon'ble Supreme Court in the case of Gilbert Pereira Vs. State of Rajasthan, (2004) 12 SCC 281 held as under:- ".........The circumstances found proved against him conclusively establish that he must have committed the offence. As against that his defence that he was physically challenged and, therefore, not in a position to cause the injuries is unbelievable. The circumstances are so telling that even the trial court which placed implicit reliance on the evidence of DW-1 felt compelled to hold that the appellant must have snatched the ornaments from the deceased, though he may not have committed the murder. The circumstances are so telling that even the trial court which placed implicit reliance on the evidence of DW-1 felt compelled to hold that the appellant must have snatched the ornaments from the deceased, though he may not have committed the murder. These ornaments were later recovered at the instance of the appellant which is a strong circumstance to prove his complicity. 46. Though, in our opinion, the circumstances proved against the appellant are conclusive in nature, being consistent only with the hypothesis of his guilt, we may observe that once his defence that he was not capable of committing the offence on account of the physical handicap suffered by him is rejected, the presumption under Section 114 of the Evidence Act can also be drawn. In the instant case, the evidence discloses that only a few hours after the occurrence, the appellant sold the gold chain to PW-11, from whose custody the gold chain was recovered only 4 days later at the instance of the appellant, who had no explanation to offer as to how he came in possession of the gold chain belonging to the deceased. The presumption therefore arises that the appellant was the culprit who removed the gold chain from the person of the deceased. This presumption coupled with the other circumstances adverted to above especially the unexplained injuries on the hand of the accused and the blood of same group being found on the clothes of deceased as well as accused, gives rise to further presumption that the removal of gold ornament and the fatal attack on the deceased should have taken place as part of the same transaction." 14. In the instant case, it has been established that the appellant-Dhula was taken into custody on 15.10.2011 by the police and on the information given by him to the Investigating Officer under Section 27 of the Evidence Act, the police seized the ornaments worn by the deceased. A test identification parade was held in which the recovered ornaments were duly identified by PW-1 Nathu Lal, son of the deceased, as belonging to the deceased. No plausible explanation for being found in possession of the said ornaments immediately after the murder has been given by the accused-appellant. The evidence on record clearly proves charges against the accused and point exclusively to his guilt and of none else. 15. No plausible explanation for being found in possession of the said ornaments immediately after the murder has been given by the accused-appellant. The evidence on record clearly proves charges against the accused and point exclusively to his guilt and of none else. 15. We are, therefore, of the view that the incriminating links of circumstances proved by the prosecution against the appellant from a complete chain, which is consistent only with the hypothesis of guilt of the appellant. Each circumstance is incriminating in nature and the totality of circumstances conclusively establish the guild of the appellant. 16. Accordingly, this appeal being devoid of any merit, fails and is hereby dismissed. 17. Record of the trial court be sent back forthwith.