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SUPREME COURT OF INDIA
B.R. GAVAI, J.B. PARDIWALA, SANJAY KUMAR, JJ.
Rajesh & Anr. - Appellants
Versus
The State of Madhya Pradesh - Respondent
Criminal Appeal No(s). 793-794 of 2022 With Criminal Appeal No. 795 of 2022
Decided On : 21-09-2023
(A) Indian Penal Code, 1860 – Section 302 read with Section 120B, Section 364A read with Section 120B and 201 – Kidnapping, murder and conspiracy – Disappearance of evidence – Death penalty and life sentence – Circumstantial evidence – Prosecution must establish chain of unbroken events unerringly pointing to guilt of accused and none other – Prosecution utterly failed to pass muster in establishing its case – There are cavernous gaps in evidence that prosecution would offer as an ‘unbroken chain unerringly pointing to guilt of appellants – Discrepancies galore in prosecution’s case tear asunder fabric of its purported version as to how events unfolded – There is no clarity as to the time at which victim went missing – Purported discovery of dead body, murder weapon and other material objects, even if it was at behest of appellant, cannot be proved against him, as he was not accused of any offence and was not in police custody at the point of time he allegedly made confession – Manner and method in which Panchanama and memos were prepared in case on hand leave prosecution high and dry – Yawning infirmities and gaps in chain of circumstantial evidence warrant acquittal of appellants by giving them benefit of doubt – Conviction and sentences of appellants set aside on all counts. (Paras 14, 15, 16, 27, 31 and 39)
(B) Indian Evidence Act, 1872 – Section 27 – Disclosure statement – What is admissible is information and not opinion formed on it by police officer – Exact information given by accused while in ‘custody’ which led to recovery of articles has to be proved – Two essential requirements are that: (i) person giving information must be ‘accused of an offence’; and (ii) he must be in ‘police custody’ – If such a statement is made under undue pressure and compulsion from Investigating Officer, evidentiary value of such statement leading to recovery is nullified. (Paras 22, 23, 24, 25 and 26)
Facts of the case:
A 15-year-old lad, was killed brutally in last week of July, 2013. Trial Court convicted all three appellants on different counts. Om Prakash Yadav was held guilty under Section 364A read with Section 120B IPC while Raja Yadav and Rajesh Yadav were held guilty of offences under Section 302 IPC read with Section 120B IPC; Section 364A read with Section 120B IPC; and Section 201 IPC. Sentences were passed against the three of them on same day. Aggrieved thereby, all three convicts appealed to High Court of Madhya Pradesh. High Court confirmed their conviction and sentences, including death penalty visited upon Raja Yadav and Rajesh Yadav.
Findings of Court:
It is indeed perplexing that, despite the innumerable weak links and loopholes in the prosecution’s case, the Trial Court as well as the High Court were not only inclined to accept the same at face value but went to the extent of imposing and sustaining capital punishment on Rajesh Yadav and Raja Yadav. No valid and acceptable reasons were put forth as to why this case qualified as the ‘rarest of rare cases’, warranting such drastic punishment.
Result : Appeals allowed.
JUDGMENT :
Sanjay Kumar, J.
1. Ajit Pal @ Bobby, a 15-year-old lad, was killed brutally in the last week of July, 2013. A neighbour, Om Prakash Yadav, along with his brother, Raja Yadav, and son, Rajesh @ Rakesh Yadav, stood trial in Sessions Case No. 560 of 2013 for Ajit Pal’s murder and connected offences. By judgment dated 29.12.2016 passed therein, the learned Additional Sessions Judge, Jabalpur, Madhya Pradesh, convicted all three of them on different counts. Om Prakash Yadav was held guilty under Section 364A read with Section 120B IPC while Raja Yadav and Rajesh Yadav were held guilty of offences under Section 302 IPC read with Section 120B IPC; Section 364A read with Section 120B IPC; and Section 201 IPC. Sentences were passed against the three of them on the same day. Om Prakash Yadav was sentenced to life imprisonment along with default imprisonment of two months, if he failed to pay a fine of Rs.2,000/-. Raja Yadav and Rajesh Yadav were sentenced to death for the offences under Sections 302 and 364A IPC and to two months default imprisonment each, if they individually failed to pay the fine amounts of Rs.1,000/- and Rs.1,000/- respectively. Both of them were also sentenced to five years rigorous imprisonment and payment of fine of Rs.500/- each in relation to the offence under Section 201 IPC coupled with one month’s default imprisonment.
2. Aggrieved thereby, all three convicts appealed to the High Court of Madhya Pradesh. Their appeals were clubbed with ‘In reference (CRRFC-1 of 2017)’ received from the Sessions Court in the light of the death sentences. By judgment dated 10.08.2017 delivered in Criminal Appeal No. 83 of 2017, filed by Om Prakash Yadav, and Criminal Appeal No. 84 of 2017, filed by Rajesh Yadav and Raja Yadav, along with ‘In reference (CRRFC-1 of 2017)’, a Division Bench of the Madhya Pradesh High Court confirmed their conviction and sentences, including the death penalty visited upon Raja Yadav and Rajesh Yadav.
3. Assailing this verdict, the three convicts are before this Court by way of these appeals by special leave. Criminal Appeal No. 793 of 2022 was filed by Rajesh Yadav and Raja Yadav in the context of Criminal Appeal No. 84 of 2017, while Criminal Appeal No. 794 of 2022 was filed by them in relation to ‘In reference (CRRFC-1 of 2017)’. Criminal Appeal No. 795 of 2017 was filed by Om Prakash Yadav against the dismissal of Criminal Appeal No. 83 of 2017.
4. To establish its case, the prosecution had examined 17 witnesses before the Trial Court and marked 45 exhibits. The defence examined 3 witnesses and adduced 14 exhibits in evidence.
5. In brief, the prosecution’s case is as follows: Rajwant Kaur (PW-1), Ajit Pal’s mother, received a substantial sum of money upon sale of some property by her father. This sale was effected on 22.03.2013 but prior to that, a sum of Rs.10 lakhs was received by her in cash. On the date of registration of the sale deed, a sum of Rs.27.5 lakhs was received by cheque, in the name of her father. The balance amount was also received in cash on the same day. Out of the Rs.10 lakhs received by her, PW-1 created a fixed deposit for Rs.9 lakhs and Rs.1 lakh was kept in her account. This information was in the knowledge of Om Prakash Yadav, a neighbour, and his entire family. While so, on 26.03.2013, PW-1’s son, Ajit Pal, left the house at 9 o’clock in the night to see the ‘Holika’ and did not return. PW-1 lodged a ‘missing person’ report (Ex. P1) at Gorakhpur Police Station on 27.03.2013 at 16:15 hours. On 28.03.2013, PW-1’s brother, Amarjeet Singh @ Mitthu (PW-2), and Om Prakash Yadav went to the Gurudwara in Gwarighat to search for the boy. They did not find him there but while they were returning, PW-2 received a call on his mobile phone from mobile number 8305620342. The caller said - “I am Khan speaking, Bobby is with me. Send me 50 lakh rupees.” PW-2 went to PW-1 to tell her about this and at that time, another call came on his mobile phone from the same number. PW-2 g
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The prosecution must establish an unbroken chain of evidence beyond reasonable doubt for conviction, failing which the accused is entitled to acquittal.
Information leading to the discovery of fact cannot form the foundation of the prosecution case as it is one link in the chain of proof and the other links must be forged in a manner allowed by the l....
In cases relying on circumstantial evidence, the prosecution must establish a strong motive, reliable witness testimony, and a complete chain of evidence to prove guilt beyond a reasonable doubt.
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