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SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, JJ.
Rahul – Appellant
Versus
State of Haryana – Respondent
Criminal Appeal No. 262 of 2021, S.L.P. (Crl.) No. 3449 of 2019
Decided On : 03-03-2021
Criminal – Conviction – Sections 34, 302 of the Indian Penal Code, 1860 – Sections 34 & 302 – (IPC) – Arms Act, 1959 – Section 25(1B)(a) – Alleged murder by firing – Circumstantial Evidence – The post mortem report that, injuries were caused over the body of the deceased with a firearm and the bullet was found embedded in the body – Chain of circumstances established – Motive also established – On the basis of evidence in record the High is justifiable in its judgment. (Para 22)
Facts of the Case:
As per the case of the prosecution, the appellant his father-in-law and brother-in-law caused the death of deceased by firing and thrown him in the pit. The appellant and other accused, by name, were charge-sheeted under Section 302 read with Section 34, IPC and the appellant was also charge-sheeted for offence under Section 25(1B)(a) of the Arms Act, 1959. The Trial Court, held that both the accused were guilty for offence under Section 302 read with Section 34, IPC and appellant is also guilty for offence under Section 25 of the Arms Act and convicted them accordingly. Aggrieved by the conviction, appellant approached the High Court. The High Court, by judgment has allowed the appeal partly by acquitting the other accused. The High Court has held that prosecution has failed to prove its case against the appellant before High Court beyond reasonable doubt. Hence this appeal.
Findings of the Court:
There is a complete chain of evidence which would lead to irresistible conclusion that the appellant-accused has committed the offence and none else. Even the recoveries are sufficiently proved with the cogent evidence. From the evidence on record, we are of the considered view that prosecution has proved the guilt of the accused beyond reasonable doubt by leading cogent evidence. Further, the motive is also proved by the prosecution. Hence the findings of the High Court against appellants are justifiable.
Result: The appeal is devoid of merits and hence the same is dismissed.
JUDGMENT :
R. SUBHASH REDDY, J.
1. Leave granted.
2. This appeal has been preferred, aggrieved by the judgment and order dated 06th December 2016 passed by the High Court of Punjab and Haryana at Chandigarh, confirming the conviction recorded and sentence imposed, for the offence punishable under Section 302 read with Section 34 of Indian Penal Code (IPC) and under Section 25(1B)(a) of the Arms Act, 1959, by the learned Sessions Judge, Bhiwani.
3. On 07.08.2010 a telephonic message was received in Police Station, Charkhi Dadri from one Jaswant Singh, resident of Village Kaliyana, to the effect that in the pit of panchayat land adjoining KaliyanaJhojhu road towards hill, dead body of a young boy was lying. After receiving the said information, the Inspector of Police/SHO of the Police Station along with other police officials reached the spot for investigation. After reaching the place of occurrence, they found a dead body of an unknown person with fire arm injury marks. At the place of occurrence, two empties of brass having marka of 8 MM PF on their bottom were recovered along with a pair of chappals. Bloodstained earth was collected from the spot and converted into sealed parcels. The complainant Jaswant Singh who was examined, during the trial, as PW-6 was present and his statement was recorded. The inspecting officers have found marks of dragging of the deceased on the kacha road which was going towards hill; there were also marks of tyres of a small vehicle. On checking of the dead body by the police, they have noticed two firearm shots on both sides of waist and there was a deep wound on the back of right ear and left jaw of the mouth was cut. The dead body was smeared with blood and they suspected, some unknown persons have brought the deceased in a vehicle and committed murder by causing fire arm injuries. On the complaint of Jaswant Singh (PW-6) a crime was registered in FIR No. 297 on 07.08.2010 for the offence punishable under Section 302 read with Section 34, IPC and Section 25 of the Arms Act.
4. After registering the crime, investigation was taken up. The post mortem of the dead body was conducted in PGIMS Rohtak. For identification of dead body, news item was got published in the newspaper along with the photograph of the deceased. During the investigation of the case, on 14.08.2010, the mother of the deceased Kasturi Devi (PW-12) and the brother of the deceased, by name, Anil Kumar (PW-3) approached the police on the basis of news publication and identified the deceased as Jitender, who was son of PW-12 and brother of PW-3 and resident of Kanhra. After recording the statements of the aforesaid witnesses, investigation was proceeded on the basis of call details of the deceased and statements of the mother and brother of the deceased. After collecting necessary evidence, the appellant herein, i.e. Rahul, a resident of Mirpur was arrested on 21.08.2010. It is stated that during the interrogation, the accused Rahul made disclosure statement that about six months earlier he was married with Priyanka, daughter of Ramesh, caste Jat, resident of village Chandwas. He had suspicion on the character of his wife and he is stated to have informed his father-in-law Ramesh Kumar and brother-in-law Ashok Kumar, that Priyanka has illicit relation with Jitender (deceased), resident of village Kanhra. Therefore, they have decided to eliminate Jitender. As per the case of the prosecution, on 06.08.2010 at about 06:00 p.m. as per their plan, appellant (Rahul) called Jitender, his father-in-law Ramesh and brother-in-law Ashok to Badhra. He was having a Maruti car bearing registration no. DL-9CJ-5165 and thereafter in Badhra, Jitender had two bottles of beer and he came under influence of liquor. Further, the case of the prosecution is that all of them have taken the deceased from Jhojhu to Kaliyana hill where Jitender also got down from the car and they have fired on the deceased and thrown him in the pit. The Maruti car bearing registra
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