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2025 DIGILAW 103 (HP)

Budhia @ Mangnu Ram v. State of Himachal Pradesh

2025-01-08

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant-Budhia @ Mangnu Ram, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, in case FIR No.26 of 2023, dated 17.04.2023, registered under Sections 302, 120-B, read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Kihar, District Chamba, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 3. As per the applicant, he is in judicial custody and is not required by the police for further investigation, as, nothing is to be recovered from him or at his instance. 4. The learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 5. According to the applicant, he is in custody for above one year and eight months and there is no possibility of conclusion of trial against him in near future, as, there are 52 witnesses and about 43 witnesses are yet to be examined by the prosecution in this case. 6. Applicant has also tried his luck, by moving similar application, before the Court of learned Additional Sessions Judge, Chamba, District Chamba, which was dismissed on 09.07.2024. 7. On the basis of the above facts, a prayer has been made to allow the application. 8. When put to notice, the police has filed the status report disclosing therein, that on 17.04.2023, when, Inspector Babu Ram, Incharge Police Station Kihar was present in the Court complex, Chamba, then ASI Swaroop Singh, Incharge Police Post Salooni, has informed that deceased Seema Devi has been brought to Health Centre Salooni, upon which, Inspector Babu Ram, along with ASI Swaroop Singh, filled form No.25-35 ABC and 25- 39 etc., on the spot and complainant Gilamo Devi got recorded her statement under Section 154 Cr.PC, disclosing therein that she had married her daughter Seema, as per the Hindu rites with Virender Kumar, resident of Village Nandla. 8.2. As per the complainant, in-laws of Seema kept her naturally for about two years. Out of the said wedlock, Seema had given birth to two children. 8.2. As per the complainant, in-laws of Seema kept her naturally for about two years. Out of the said wedlock, Seema had given birth to two children. Daughter is about three years old and son is about 4 months old. 8.3. It is the further case of the complainant that husband of deceased Seema, Virender has started quarreling with Seema and started demanding money, which the complainant had received, as, compensation, on account of the accident of her son Anil Kumar. 8.4. Thereafter, the complainant has purchased a vehicle in the name of her daughter bearing registration No.HP01C-1955 (taxi). It was being plied by Virender. 8.5. On 17.04.2023, the daughter of the complainant had made a video call, at about 10.39 a.m., disclosing therein that her husband is taking her to Aadhar Centre Maida for making Aadhar Card, upon which, the complainant had directed Seema not to go with Virender in the vehicle and requested her to go by bus. 8.6. On the same day, at about 3.30 p.m., the nephew of the complainant disclosed that Seema has been killed by her husband and dead body of Seema was lying at Salooni hospital. Complainant, along with her nephew, reached Salooni Hospital, where, dead body of Seema was kept. 8.7. On seeing the dead body a blueish ligature mark was found and on the basis of the above facts, the complainant has expressed her suspicion that her daughter has been killed by strangulation by her husband Virender. 9. On the basis of the above facts, the police registered the FIR, in question, and the police machinery swung into motion. 11. The dead body of Seema was sent to Jawahar Lal Nehru Medical College Chamba for postmortem examination. After postmortem examination, the dead body was handed over to the relatives for conducting the last rites. 12. Thereafter, accused Virender, along with vehicle No.HP01-C-1955, was brought to Police Station and he was arrested on 18.4.2023, at 3.00 p.m. He was also medico- legally examined on 18.4.2023. The spot was visited and spot map was prepared. On 18.4.2023, the team of DFU, has inspected the vehicle, involved in the incident. 13. During investigation, the I.O. Yashpal Singh has taken into possession one pair of ladies shoes, light pink in colour and one mobile phone make Redmi. The spot was visited and spot map was prepared. On 18.4.2023, the team of DFU, has inspected the vehicle, involved in the incident. 13. During investigation, the I.O. Yashpal Singh has taken into possession one pair of ladies shoes, light pink in colour and one mobile phone make Redmi. From the said vehicle, the team of RFSL, collected human hair, Bindi, small piece of bangle and pieces of seat cover of rear seat, were also preserved. 14. On 20.4.2023, a plastic bottle, having small quantity of liquid, from the dash board of the vehicle, Axe without handle, and one wooden handle, which were kept underneath the driver seat, were found, which were also taken into possession. 15. On 18.4.2023, accused Virender was remanded to police custody. On 19.4.2023, accused made a disclosure statement, under Section 27 of the Indian Evidence Act, by disclosing that he could identify the place where he has allegedly killed his wife. 16. Thereafter, the spot was visited and spot map was prepared. However, during investigation, it transpired that the said place has falsely been identified to mislead the police. 17. On 19.4.2023, search of house of accused Virender at Nandla was conducted. During search, one plastic bottle make Limca, having liquid in it, was also taken into possession. On 19.4.2023, as per the revelation made by accused Virender, in the investigation Chelo @ Seema was associated and she was arrested. She was also medico-legally examined and the physical evidence collected, by the doctors was also taken into possession. 18. On 20.4.2023, the police has inquired separately, from Virender and Chelo and it was found that in order to commit the said crime, accused Chelo @ Seema and Virender hatched a conspiracy, along with one another person. In this regard Virender has also made statement, under Section 27 of the Indian Evidence Act, and identified the spot from where piece of shoe, piece of cloth, broken piece of bangle, were got recovered, by accused Virender and the same were taken into possession. As per the further disclosure statement, he, along with his co-accused Chelo and Budhia @ Mangnu Ram (applicant), had committed the crime. 19. As per the further disclosure statement, he, along with his co-accused Chelo and Budhia @ Mangnu Ram (applicant), had committed the crime. 19. On 20.4.2023, accused Chelo has made a statement disclosing therein that at the spot, which is near GPS Thisla, on the kachha road, she along with accused Virender and Budhia @ Mangnu Ram had killed deceased by strangulation and she had identified the said place. On the basis of the statement, the spot map was prepared. On 21.4.2023, accused Chelo has made disclosure statement, under Section 27 of the Indian Evidence Act, and got recovered the Kurta, Salwar, Sweater and shoes, which were taken into possession. 20. On 20.04.2023, applicant Budhia @ Mangnu Ram, was also arrested. He was produced before the Court on 21.04.2024 and was remanded to police custody for four days. 21. During investigation, applicant Budhia @ Mangnu Ram, has made the statement, under Section 27 of the Indian Evidence Act, disclosing therein that he could identify the place, where the alleged crime has been committed. Consequently, he identified the place and spot map was prepared. He has also got recovered pants, shirt and jacket on 17.6.2023, from the house of his sister Jamna. According to him, the said fact was documented on 23.4.2023. 22. The water mill of applicant Budhia @ Mangnu Ram was searched, from where, Darat (big sickle), was got recovered. The said darat, was got recovered by applicant Budhia @ Mangnu Ram, which, he allegedly had taken with him and the same was taken into possession on 23.4.2023. 23. Accused Virender has got identified the place, from where he had purchased two liters of petrol and also got filled the air in the tyres of the car. Spot map of the same was prepared. 24. On 23.4.2023, footage of CCTV Camera installed at Salooni, was taken into possession. As per the CCTV footage, accused Virender, in his vehicle bearing No. HP01C-1955, was found visible coming to the place of occurrence from Salooni. 25. As per the CCTV footage of Bittu Dhaba, which was taken into possession, on 26.4.2023, on 17.04.2023, the date of incident, applicant Budhia @ Mangnu Ram was found to be alighted down and seen entering into Bittu Dhaba. On the same day, at about 12.05 pm, accused Virender, in his vehicle, was seen coming from Lamagh to Chakoli. 25. As per the CCTV footage of Bittu Dhaba, which was taken into possession, on 26.4.2023, on 17.04.2023, the date of incident, applicant Budhia @ Mangnu Ram was found to be alighted down and seen entering into Bittu Dhaba. On the same day, at about 12.05 pm, accused Virender, in his vehicle, was seen coming from Lamagh to Chakoli. CCTV Footage from Dhudhedi Nala was also taken into possession. 26. It is the further case of the police that call details of mobile numbers of all the three accused were obtained. It was found that applicant Budhia @ Mangnu Ram from his mobile number 88941-95602 had conversation with Chelo, on her mobile number 86268- 49384, on various occasions. As such, the involvement of the applicant was stated to be established. 27. It is their further case that on the day of incident, on 17.4.2023, applicant Budhia @ Mangnu Ram had called Chelo, thrice from 7.24 a.m. to 9.21 a.m. and thereafter, Chelo had called applicant Budhia @ Mangnu Ram, on seven occasions from 9.51 a.m. to 11.24 a.m. Similarly, from the mobile phone of accused Virender, calls were made on various occasions, on the mobile phone of Chelo. 28. As per the status report, on 17.4.2023, accused Virender right from the time, when, he has left his house had called Chelo. It has also been alleged by the Police that in the investigation, it was found that accused Virender had developed intimacy with Chelo and thereafter, this intimacy developed into love relationship. Due to this fact, differences had developed between Virender and his wife Seema. 29. On the basis of the above facts, the police had concluded that in order to get rid from Seema, accused Virender had hatched a conspiracy with a plan to finish Seema, so that he could marry with Chelo. 30. On 16.4.2023, when, deceased Seema Devi had expressed her intention to get the Aadhar Card prepared for her four months child, then, this fact was shared by accused Virender with his co-accused Chelo. Thereafter, they had hatched the plan and have allegedly associated applicant Budhia @ Mangnu Ram, in order to commit the said crime. 31. Applicant Budhia @ Mangnu Ram had agreed to help the other accused, for a sum of Rs.5,000/-. 32. Thereafter, they had hatched the plan and have allegedly associated applicant Budhia @ Mangnu Ram, in order to commit the said crime. 31. Applicant Budhia @ Mangnu Ram had agreed to help the other accused, for a sum of Rs.5,000/-. 32. Lastly, it has been submitted that after completion of the investigation, charge-sheet has been filed against all the three accused and the trial Court has taken cognizance and framed the charges against them and case is now listed for prosecution evidence. 33. Out of the total 61 witnesses, 4 have been given up, whereas, statements of 13 witnesses have been recorded. The case is now stated to be fixed on 8 th January, 2025, for recording the statements of prosecution witnesses at Serial Number 12, 13, 14, 15, and 9 th January, 2025, for recording the statements of prosecution witnesses at serial Number 20, 24 and 25. 34. On the basis of the above facts, it has been apprehended that in case, the applicant is released on bail, he may coerce the witnesses, as such, a prayer has been made to dismiss the application. 35. No doubt, the present case is based upon the circumstantial evidence, but, the law does not make any difference between circumstantial evidence or direct evidence. Circumstantial evidence is as important as the direct evidence. As such, case of the prosecution can be proved, on the basis of the circumstantial evidence. 36. The case is at very crucial stage, as the case is listed for recording the statements of material prosecution witnesses on 8.1.2025 and 9.1.2025. 37. Keeping in view the pace of trial, as well as, seriousness of the offence, this Court is of the view that there is no delay in the trial. The FIR, in question, was registered on 17.4.2023 and releasing the applicant on bail, at this stage, would give wrong single to the society, that after committing such heinous offence, the accused is moving freely in the society. 38. At the time of deciding the question of bail, a delicate balance, between the larger public interest and personal liberty, has to be maintained. As stated above, the entire case of the prosecution is based upon the circumstantial evidence and it cannot be said that the circumstantial evidence is only against the applicant. 39. 38. At the time of deciding the question of bail, a delicate balance, between the larger public interest and personal liberty, has to be maintained. As stated above, the entire case of the prosecution is based upon the circumstantial evidence and it cannot be said that the circumstantial evidence is only against the applicant. 39. Considering all these facts, this Court is of the view that the applicant has failed to make out a case for release him on bail, at this stage. As such, the application under consideration is accordingly dismissed. 40. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present application.