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SUPREME COURT OF INDIA
R. BANUMATHI, UDAY UMESH LALIT, JJ.
STATE OF HIMACHAL PRADESH – Appellant
Versus
RAJ KUMAR – Respondent
CRIMINAL APPEAL NO. 31 OF 2018 (Arising out of SLP (Crl.) No. 1204 of 2015)
Decided On : 08-01-2018
(2006) 10 SCC 681; (2006) 12 SCC 254; (2002) 1 SCC 731; (2000) 1 SCC 471; (1999) 8 SCC 679 – Relied upon
(b) Circumstantial evidence – Motive – PW 15 categorically stating motive of accused for assaulting deceased – Not properly appreciated by High Court. (Para 13)
(c) Criminal trial – Appreciation of evidence – Test and approach of court – Whether the evidence read as a whole appears to be truthful – Drawbacks and infirmities to be evaluated – Instantly High Court erred in doubting evidence of PW 1. (Para 15)
(d) Criminal trial – Last seen theory – Deceased last seen with accused – Accused not explaining hanging of body of deceased – Strong militating circumstance against him – Section 313, Code of criminal Procedure, 1973. (Para 16, 17)
(e) Criminal trial – Circumstantial evidence – Prosecution establishing:-(i) Motive; (ii) accused beating the deceased and taking her away; (iii) Homicidal death of deceased; (iv) Accused not reporting to the police about missing of deceased; and (v) Accused failing to explain death of deceased – Circumstances forming a complete chain pointing out guilt of accused and none-else. (Para 18)
Facts of the case:
Husband of deceased Meena Devi passed away about eleven years ago prior to the incident. Meena Devi was residing with her son Jeewan Lal (PW-1), daughter Rekha Devi (PW-2) and accused Raj Kumar (brother-in-law) in the joint family house. On 23.08.2007 at 08.30 p.m., respondent-accused came there in drunken condition and started abusing Meena Devi and her children PW-1 and PW-2 without any reason and threatened to kill them. Barf Devi-grandmother of PW-1 took Jeewan Lal (PW-1) to adjoining sleeping room and bolted the room from outside. She asked Rekha Devi (PW-2) daughter of deceased to go to the house of her maternal uncle Anant Ram (PW-3). While being inside the room, PW-1 heard the cries of his mother Meena Devi and from the window saw the respondent-accused taking her mother towards the house of another accused Om Prakash. After few hours, accused opened the door and told him that his mother had run away from the house and that he should tell the same to his maternal uncle Anant Ram (PW-3). On 25.08.2007, Anant Ram (PW-3) received a phone call from Nek Ram informing that the dead body of deceased Meena Devi was found hanging from a tree at Ghat Bahu forest. Statement of PW-1 was recorded, based on which, case in FIR No.250 of 2007 was registered under Section 302 IPC and Section 201 read with Section 34 IPC.
The trial court convicted the respondent-accused under Section 302 IPC and Section 201 IPC read with Section 34 IPC and sentenced him to undergo imprisonment for life.
The High Court allowed the criminal appeal filed by the respondent-accused thereby setting aside the conviction and the sentence of life imprisonment imposed upon him.
Finding of the Court:
High Court erred in acquitting the accused.
Result: Appeal allowed.
JUDGMENT
R. BANUMATHI, J.
Leave granted.
2. This appeal preferred by the State challenges the judgment of the High Court of Himachal Pradesh in Criminal Appeal No.559 of 2008 acquitting the respondent under Section 302 IPC by setting aside his conviction and the sentence of life imprisonment imposed upon him by the trial court.
3. Husband of deceased Meena Devi passed away about eleven years ago prior to the incident. Meena Devi was residing with her son Jeewan Lal (PW-1), daughter Rekha Devi (PW-2) and accused Raj Kumar (brother-in-law) in the joint family house. On 23.08.2007 at 08.30 p.m., while Meena Devi was taking meal along with her family, respondent-accused came there in drunken condition and started abusing Meena Devi and her children PW-1 and PW-2 without any reason and threatened to kill them. Barf Devi-grandmother of PW-1 who was present in the house took Jeewan Lal (PW-1) to adjoining sleeping room and bolted the room from outside. She asked Rekha Devi (PW-2) daughter of deceased to go to the house of her maternal uncle Anant Ram (PW-3). While being inside the room, PW-1 heard the cries of his mother Meena Devi and from the window saw the respondent-accused taking her mother towards the house of another accused Om Prakash. After few hours, accused opened the door and told him that his mother had run away from the house and that he should tell the same to his maternal uncle Anant Ram (PW-3). Under such threat from respondent-accused and another accused Ramesh Kumar, PW-1 told his maternal uncle (PW-3) that his mother had run away from the house. On 24.08.2007 at about 02.00 a.m., Anant Ram (PW-3) came to the house of accused. Thereafter, PW-1 and PW-3 went to Dharampur Police Station and informed the police about missing of Meena Devi. On 25.08.2007, they again went to the police station Dharampur and at about 11.00-11.30 a.m; at the time Anant Ram (PW-3) received a phone call from Nek Ram informing that the dead body of deceased Meena Devi was found hanging from a tree at Ghat Bahu forest. Thereafter, PW-1 and PW-3 along with police party went to the spot and found that the dead body of Meena Devi was hanging from the branch of a pine tree with a plastic rope, tied around her neck. Statement of PW-1 was recorded, based on which, case in FIR No.250 of 2007 was registered under Section 302 IPC and Section 201 read with Section 34 IPC.
4. Initial investigation was conducted by Sub-Inspector of Police Sat Prakash (PW-20) and further investigation was conducted by Inspector of Police LR Thakur (PW-22). PW-22 prepared spot map, inquest and conducted further investigation. Dr. Vivek Banyal (PW-24) conducted autopsy and opined that "....death was because of haemorrhagic shock due to rupture of spleen and anti-mortem injuries suggesting gagging. Hanging was post-mortem". Accused Raj Kumar was taken to custody on 25.08.2007 and he was interrogated. Confession statement of accused was recorded on 27.08.2007 which led to the recovery of a lady shirt from the room of the house of accused Ramesh Kumar which was under construction. Upon completion of investigation, chargesheet was fled against accused Raj Kumar, Ramesh Kumar, Om Prakash and Barf Devi under Section 302 IPC and Section 201 read with Section 34 IPC.
5. To bring home the guilt of the accused, in the Sessions Court, prosecution has examined as many as twenty four witnesses and marked number of exhibits and material objects. In the questioning under Section 313 Cr.P.C., the accused denied all the incriminating circumstances and evidence and pleaded that he is innocent. The accused has not offered any explanation on the death of deceased Meena Devi.
6. Based upon the evidence of Anant Ram (PW-3) and Bhindra Devi (PW-15), the trial court held that Meena Devi suffered harassment at the hands of her brother-in-law (respondent-accused). The trial court held that Jeewan Lal (PW-1) son of the deceased had spoken about the overt act of the accused in beating the deceased and
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