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SUPREME COURT OF INDIA
S.A. BOBDE, ASHOK BHUSHAN, JJ.
DEVRAJ – APPELLANT
VERSUS
STATE OF CHHATTISGARH – RESPONDNET
CRIMINAL APPEAL NO.423 OF 2015
Decided On : 25-07-2016
(1976) 1 SCC 389; (1991) 3 SCC 627; (2015) 3 SCC 220 – Relied upon
(b) Criminal trial – Hostile witness – PW 13 and PW 16 declared hostile – However, their evidence about role of the appellant in killing the deceased remained unshaken – Courts below rightly relied upon such evidence for convicting the appellant. (Para 20)
(c) Constitution of India – Article 136 – In criminal appeals Supreme Court normally does not interfere with concurrent findings of courts below – Such findings cannot be interfered unless perverse – Instantly, courts below recording findings based on evidence on record – Findings neither perverse nor containing any illegality rendering the findings not reliable – Conviction awarded to appellant fully justified. (Para 25, 27)
(2005) 6 SCC 211; (2011) 2 SCC 385 – Relied upon
Facts of the case:
Trial court had convicted the appellant-Devraj and Dinda @ Deenanath under Section 302 and 201 IPC and awarded imprisonment for life and to pay fine of Rs.1,000/-each for the charge levelled under Section 302 IPC and RI for three years and to pay fine of Rs.1,000/-each for the charge under Section 201 IPC. Four other accused were acquitted by the First Additional Sessions Judge.
The High Court although acquitted the accused Dinda @ Deenanath, it confirmed the conviction of the appellant under Section 302 IPC. The High Court has set aside the conviction and sentence of Devraj under Section 201 IPC.
Finding of the Court:
Conviction is fully justified.
Result: Appeal dismissed.
JUDGMENT :
ASHOK BHUSHAN, J.
This appeal has been filed against the judgment and order dated 7th January, 2013 of the High Court of Chhattisgarh in Criminal Appeal No. 780 of 2008. The First Additional Sessions Judge in Sessions Trial No.396 of 2006 had convicted the appellant-Devraj and Dinda @ Deenanath under Section 302 and 201 IPC and awarded imprisonment for life and to pay fine of Rs.1,000/-each for the charge levelled under Section 302 IPC and RI for three years and to pay fine of Rs.1,000/-each for the charge under Section 201 IPC. Four other accused were acquitted by the First Additional Sessions Judge. The High Court in Criminal Appeal No.780 of 2008 although acquitted the accused Dinda @ Deenanath, it confirmed the conviction of the appellant under Section 302 IPC. The High Court has set aside the conviction and sentence of Devraj under Section 201 IPC.
2. Aggrieved by the judgment and order of the High Court, Devraj has come up in this appeal.
3. The prosecution case in brief is:
There existed a land dispute between the deceased Devi Prasad @ Prachar and Devraj, Dinda @ Deenanath. Devraj and Dinda @ Deenanath are real brothers whereas deceased Devi Prasad was their cousin brother. On 26th June, 2006, after 8 p.m. when deceased Devi Prasad was going along with one Ratan Singh Guruji in a motorcycle he was intercepted by five persons near pakkar tree. The deceased was beaten by geda and lathi by Devraj, Dinda and others and after killing him his body along with motorcycle was thrown below Rakhet Pulia. The body was seen on next day morning by a boy of village who informed the wife of the deceased. Thereafter, First Information Report was lodged by Anita Bai at 10.15 a.m. on 27th June, 2006. Police official came on the spot prepared death panchnama and site plan. The statements from various persons were recorded. The charges were framed against six accused under Section 147, 148,149, 302 and 201 IPC. The accused Sheonath, Thema @ Vishwanath, Devraj, Dinda @ Deenanath, Khoru and Dayalal were sent for trial.
4. The prosecution examined 20 witnesses and placed reliance on various exhibits. Learned Additional Sessions Judge after examining the statements of witnesses held charges under Section 302 and 201 IPC proved against accused Devraj and Dinda @ Deenanath, other four accused were acquitted by the Trial Court.
5. The Trial Court placed heavy reliance on witnesses PW.8-Ratan Singh, PW.13-Shivlochan and PW.16-Ajar Das who were found to be eye-witnesses. The statements of witnesses were found corroboration from other evidence. Although witnesses PW.13-Shivlochan and PW.16-Ajar Das were declared hostile witnesses and they were cross-examined but the Trial Court relied on their statements having found to be truthful and worth reliance.
6. Both Devraj and Dinda @ Deenanath filed an appeal before the High Court. The High Court vide its judgment and order dated 7th January, 2013 acquitted Dinda @ Deenanath from all the charges. However, it confirmed the conviction of the appellant-Devraj under Section 302 IPC while setting aside the conviction under Section 201 IPC.
7. Devraj is before us in this appeal. Only Devraj being in this appeal, we need to confine our discussion with regard to the evidence against Devraj only and as to whether the courts below on valid materials and evidence were justified in convicting Devraj.
8. We have heard Shri Akshat Shrivastava, learned counsel appearing for the appellant and Shri C.D. Singh, learned Additional Advocate General for the State.
9. Learned counsel for the appellant in support of the appeal contended that the courts below have relied on three eye-witnesses namely PW.8-Ratan Singh, PW.13-Shivlochan and PW.16-Ajar Das. PW.13-Shivlochan and PW.16-Ajar Das having been declared hostile witnesses, their evidence could not have been relied and PW.8-Ratan Singh, another eye-witness having not stated that Devraj had assaulted the deceased hence there was no evidence worth name to convict the accuse
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