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SUPREME COURT OF INDIA
K.S.Radhakrishnan, A.K.Sikri, JJ.
Tara Singh – Appellant
Vs.
State through Home Secretary, Uttarakhand – Respondents
[Criminal Appeal No. 859 of 2007] [Criminal Appeal No. 1722 of 2012]
Decided On : 25.02.2014
Facts of the Case – Appellant herein in the instant case was prosecuted along with co accused persons for causing death of deceased, a minor boy of five years by strangulating him and thereafter hiding his body in a cave.Sessions judge while acquitting A2 and A3, convicted appellant and A1 u/ss 302 and Section 201.Appeals thereagainst were Dismissed by High Court.
B. Present appeal has been filed against said order of High Court.
Findings of the Court –
The Court held that even though it was not a case of direct evidence as there was no eyewitness to the actual occurrence .However, at the same time having regard to testimony of all witnesses, conclusion of the courts below that there was a complete chain of circumstances proving the charges against the appellant and A1 held justified. This chain of circumstances consisted of following links:
"i) The accused persons were harbouring enmity against the family of deceased.
ii) Immediately three days before the date of incident from the side of accused persons threat was given to the family of the deceased that their family lineage would be brought to an end.
iii) Three days after the threat deceased, a young boy of five years, who was the only member of third generation in the family of (grandfather of the deceased) was found missing.
iv) Half an hour before he was found missing, when he was grazing the cattle all alone, it was seen by (PW3), one of the prosecution witnesses, that the appellants came to near deceased and sat with him.
v) Thereafter (PW1) saw appellants taking deceased with them by holding him physically and his mouth gagged.
vi) The boy could not be traced out on 15.10.1982 even after in all the places where he could have been found. The next day i.e. on 16.10.1982, the dead body of the deceased, on search, was found in a cave.
vii) On postmortem of the dead body it was found that the boy had died of strangulation."
As a result, these appeals were held to be devoid of any merit and were accordingly dismissed.
JUDGMENT : -
A.K.SIKRI, J. –
1. The appellants in these two separate appeals challenge the impugned judgment and order dated 16.5.2006 passed by the High Court of Uttranchal whereby the High Court has been pleased to confirm the conviction and sentence of the appellant to undergo life imprisonment u/s 302 IPC and further sentence of four years rigorous imprisonment u/s 201 IPC.
2. The appellants were charged for committing murder of 5 years old boy named Bharat Singh. As per the prosecution version, Bharat Singh was the grandson of Ram Singh. Ram Singh was grazing the cattle on 15.10.1982. At about 1.30 p.m. on that day, he instructed his grandson Bharat Singh(the deceased) to look after the cattle as he was going to his house for lunch. The boy obeyed the instructions of his grandfather and started grazing the cattle. After some time, when Ram Singh came back from his house, he found the boy missing. He called out his grandson by name but without any response.
On this, Ram Singh along with his son Pratap Singh(Uncle of missing boy and the complainant) started their search for the boy. When the boy was not traced till evening Pratap Singh (PW – 4) even informed the Patwari (Revenue Officer) about this. He also joined the father and grandfather in searching the missing boy. The search went on till late night but with no results. However, when the search began next morning i.e. on 16.10.1982, at about 11.00 a.m. the dead body of the boy Bharat Singh was found lying in a cave. FIR No.A – 5 was lodged with the Patwari in which Diwan Singh son of Nathu Singh, Ramesh Singh s/o Diwan Singh and Diwan Singh s/o Mahendra Singh were named on suspicion by the complainant.
The dead body was taken into custody by Patwari (PW5) who prepared the inquest report (Ex.A6), sketch of the dead body (Ex.A – 7) and the sample seal (Ex.A – 10). At about 3.10 P.M. on 18.10.1982 the autopsy was conducted of the deceased Bharat Singh by Dr.C.B. Pal (PW2) in the district Headquarters at Pithoragarh who prepared the post – mortem report (Ex.A1).The said Medical Officer found following ante mortem injuries on the body of the deceased:
a. Legature marking 2.5 cm. in bred then circling the next transversely and obliquely. The whole of the legature mark depressed encircling upto back of both ears, knot on the left side.
b. Lacerated wound on the back of head measuring 3.5 cm. x 1 cm. x bone deep.
c. Abrasion mark measuring 3.5. cm x 0.5 cm. obliquely on the left side of the forehead.
d. Contusion mark measuring 5 cm x 2 cm on the anterior part of left axial.
e. Multiple contusion and abrasion mark present all over the body.
f. Contusion mark 4 cm x (six) just below the chin.
3. The Investigation Officer after investigation, submitted the charge – sheet (Ex.A – 17) on 29.1.1983 against four accused persons namely RameshSingh s/o Diwan Singh (S/o Mahendra Singh), Diwan Singh s/o Mahendra Singh, Diwan Singh s/o Nathu Singh, Tara Singh s/o Diwan Singh s/o Nathu Singh. The name of appellant Tara Singh figured in the charge sheet, though in the FIR it was not mentioned.
4. On 27.9.1983, the ld. Sessions Judge Pithoragarh framed the charges against the accused Diwan Singh s/o Nathu Singh and accused Diwan Singh s/o Nathu Singh relating to offence punishable u/s 302 r/w Section 34 of the IPC and he further framed charges against accused person Ram Singh and Tara Singh (the appellant herein) under 3 heads i.e. u/s 302 of the IPC, u/s 364of the IPC and u/s 201 of the IPC. All the accused persons pleaded not guilty and claimed to be tried.
5. After the trial, the learned Sessions Judge pronounced his judgment dated 16.11.1984 thereby acquitting Diwan Singh s/o Nathu Singh and Diwan Singh s/o Mahendra Singh of the charge of murder under Section 302 IPC. However, in so far as the appellants are concerned, they were convicted under Section 302 IPC for committing the murder of Bharat Singh as well asunder Section 201 IPC for concealing the dead body in a cave. Both were sentenced to imp
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