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IN THE HIGH COURT OF JUDICATURE AT PATNA
KISHORE KUMAR MANDAL, SANJAY KUMAR, JJ.
Rajesh Bhardwaj Son of Late Ganesh Prasad Singh - Appellant
Versus
The State of Bihar - Respondent
Criminal Appeal (DB) No. 928 of 2014
Decided On : 06-03-2017
The Court held that the prosecution had proved its case beyond shadow of all reasonable doubt that the appellant had committed murder of the deceased on the alleged date after her last seen by the PWs with him and the dead body was thrown in between the rail tracks at Karisath Railway Station in order to deceive the prosecution as a suicidal death. It was so done by the appellant in conspiracy with another accused.
Fact of the Case:
The deceased was found dead between the rail tracks at Karisath Railway Station. The prosecution alleged that the appellant had committed murder of the deceased on the alleged date after her last seen by the PWs with him and the dead body was thrown in between the rail tracks at Karisath Railway Station in order to deceive the prosecution as a suicidal death. It was so done by the appellant in conspiracy with another accused.
Finding of the Court:
The Court found that the prosecution had proved its case beyond shadow of all reasonable doubt that the appellant had committed murder of the deceased on the alleged date after her last seen by the PWs with him and the dead body was thrown in between the rail tracks at Karisath Railway Station in order to deceive the prosecution as a suicidal death. It was so done by the appellant in conspiracy with another accused.
Issues: 1. Whether the prosecution had proved its case beyond shadow of all reasonable doubt that the appellant had committed murder of the deceased on the alleged date after her last seen by the PWs with him and the dead body was thrown in between the rail tracks at Karisath Railway Station in order to deceive the prosecution as a suicidal death. 2. Whether it was so done by the appellant in conspiracy with another accused.
Ratio Decidendi: The Court held that the prosecution had proved its case beyond shadow of all reasonable doubt that the appellant had committed murder of the deceased on the alleged date after her last seen by the PWs with him and the dead body was thrown in between the rail tracks at Karisath Railway Station in order to deceive the prosecution as a suicidal death. It was so done by the appellant in conspiracy with another accused. The Court relied on the following evidence to support its conclusion: 1. The testimony of the PWs who had seen the appellant and the deceased together on the night of the murder. 2. The post-mortem report which showed that the deceased had died from multiple injuries. 3. The call detail records which showed that the appellant had made several calls to the deceased on the night of the murder. 4. The tower location data which showed that the appellant's phone was in the vicinity of the crime scene at the time of the murder.
Final Decision: The Court convicted the appellant of murder and sentenced him to life imprisonment.
22. Having held so, we shall now examine the complicity of the appellant in the crime. It has been argued with vehemence that it is a case of circumstantial evidence. What shall be the parameter of appreciation in a case like this has been adumbrated in the case of State through C.B.I. vs. Mahender Singh Dahiya AIR 2011 SC 1017. The present case falls short on many counts to prove conclusively the complicity of the appellant in the crime. Learned counsel for the informant, on the other hand, has submitted that it is a case of the victim last seen with the appellant late in the evening and the following morning her dead body was found deserted between the two main rail lines at the Karisath Railway Station. The motive for committing this heinous offence has also surfaced distinctly at the trial. The conduct of the appellant would also be a relevant consideration to fix the guilt. In this connection, he has highlighted that until filing of the charge-sheet in June 2009, the appellant had absconded. At least one year thereafter he surrendered. During this period, he never made any attempt to meet the parents of the victim or call them and console the untimely and tragic death of their only daughter. Until 1st week of January, no case of alibi was presented by him. The Court should ponder over these aspects of the matter also which prove only the guilt of the appellant. We find from the evidence of father (PW14) that she was the only daughter in the family. The father has stated on record that on her return to home from Kolkata in September, 2007 she herself disclosed to the family that she was deeply locked in love with the appellant since last few years. She also disclosed that since last 5-6 months the appellant was completely ignoring her as he had come in the company of other girls. The father, on record, has stated that she was completely tilted in love with the appellant and that she could go to any extent for him. The appellant, in his statement under Section 313 Cr. P.C., has also admitted that he was involved in a love affair with the victim and, in fact, he wanted to marry her. We would immediately turn to the testimony of PW-12. He is a close relative of the informant and is Kolkata based. On getting information about the location of her daughter from the father of the appellant, the informant (PW14) immediately called and requested this
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