Back
2006 Supreme(Raj) 86
High Court Of Rajasthan
Judgename : Shiv Kumar Sharma,Vineet Kothari
Bhala Ram - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 1079 of 2001
Decided On : 01/09/2006
Mr. Kamlendra Sihag, for the Petitioner.
Mr. Brahmanand Sandu, Public Prosecutor, for the State.
The burden of proof on the prosecution in cases based on circumstantial evidence is much greater, and the chain of evidence furnished by those circumstances must be so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused.
Headnote:
Criminal Law - Rape and Murder - IPC Sections 302, 376, 379 - The court discussed the application of circumstantial evidence in establishing guilt, emphasizing the need for an unbroken chain of evidence and the burden of proof on the prosecution. The court cited legal provisions and interpretations from State of U.P. vs. Hari Mohan and State of Rajasthan vs. Gopal, highlighting the requirement for circumstances to be fully established and forming a complete chain of evidence pointing towards the guilt of the accused.
Fact of the Case:
The appellant was convicted for offences under Sections 302, 376, and 379 of the IPC for the rape and murder of a woman. The prosecution's case was based on circumstantial evidence as there were no eyewitnesses to the crime.
Finding of the Court:
The court found that the prosecution failed to establish an unbroken chain of evidence, and the appellant's presence at the crime scene and subsequent actions were not sufficient to prove his guilt beyond reasonable doubt. The court emphasized the need for conclusive evidence consistent only with the hypothesis of the accused's guilt.
Issues: The key issue was the sufficiency of circumstantial evidence to establish the guilt of the accused beyond reasonable doubt.
Ratio Decidendi: The court held that the burden of proof on the prosecution in cases based on circumstantial evidence is much greater, and any missing or weak link in the chain of evidence can be fatal for the prosecution. The court emphasized the need for circumstances to be fully established and form a complete chain of evidence pointing towards the guilt of the accused.
Final Decision: The court allowed the appeal, set aside the impugned judgment, and acquitted the appellant of all charges under Sections 302, 376, and 379 of the IPC.
Dr. Vineet Kothari, J.-This appeal is directed against the Judgment of learned Additional Sessions Judge, Kekri (Ajmer) dated 12.09.2001 convicting the appellant Bhala Ram for offence under Sections 302, 376, and 379, IPC, and imposing sentence to undergo life imprisonment and a fine of Rs. 1,000/-for offence under Section 302, IPC, 7 years rigorous imprisonment and a fine of Rs. 2,000/-for offence under Section 376 IPC and one year simple imprisonment and fine of Rs. 500/-for offence under Section 379, IPC.
2. According to the First Information Report lodged at Police Station Bhinai (Ajmer), by Suresh Chand Sharma S/o Radha Kishan, on 02.09.1998 that his Bhabhi Smt. Pushpa Devi wife of Om Prakash went to the agriculture field to cut the grass and bring it home, but she did not return home by evening and at about 8.00 P.M. in the night, complainant Suresh Chand alongwith Ramesh and some other persons went on their agriculture field where maize was grown. They found the dead body of Smt. Pushpa and around here neck, they found a round of her own saree, and it appears that somebody after committing rape with her, has murdered her. On the said First Information Report, the police undertook the investigation and framed charges under Sections 302, 376, 447 and 379 IPC against the appellant Bhala Ram. During the course of investigation, as many as 27 prosecution witnesses were examined, and 26 prosecution documents were exhibited before the trial Court as against five defence witnesses produced on the defence side. According to the post-mortem report Exhibit P-16 dated 03.09.1998, in the opinion of the doctors, the cause of death of deceased Pushpa occurred on account of respiratory failure due to asphyxia caused by strangulation. The injuries found on the body parts are described under the said post-mortem report, which are as under:-
“Multiple small abrasions each measuring about 5 mm x 1 mm present on mons pubis legit majora and inner side of upper part of both thighs. Public hairs are dark black in colour and matted at some places. They are cut and packed sealed and sent to chemical examiner. Linear streaks of blood stains present of both side of lateral aspect of labia majoras. Both vulva and pereneous centused vaginal discharges against undertaken (illegible). Parlous size non pregnant uterus advexa normal.
Injuries
A. Ante mortem: 1. Linear small abrasion measuring 5 mm x 1 mm on Rt upper eye lid.
2. Small abrasion measuring 5mm x 5mm near root of the nose.
B. Postmortem: 1. Abrasion 1"x1"x3" below the umbilicus on anterior abdominal
2. Abrasion 1" x1" medical aspect wall of Rt. knee
3. Abrasion 2" x1" medical surface of Rt. foot.
3. Injury report relating to appellant Bhala Ram is Exhibit P-24. The prosecution has sought to establish his case mostly on the basis of circumstantial evidence as there is no eye witness available in the present case.
4. According to PW. 1 Suresh Chand Sharma, brother-in-law of deceased Pushpa, on the date of incident i.e., 02.09.1998 when all the family members had gone to attend some family function of his sister at village Dhaal, only deceased Pushpa, her son Sunil and daughter Usha were at home, and when they reached home back at around 8.00 PM in the evening, then Sunil informed him that his mother had gone in the after-noon in the agriculture field for collecting the “Chara” and had not returned back by that time, then the said PW. 1 Suresh Chand alongwith his elder brother Ramesh and other persons of village i.e., Tej Singh, Kalyan Singh, Shiv Raj Tiwari, Laxmi Narayan Joshi etc. went to the agriculture field with torch, to find out deceased Pushpa. After sometime of search, they found the dead body of deceased Pushpa with a round of her saree around her neck and even her feet were bleeding, and blood was also coming out from her private parts and she was already dead. Thereupon, they went to the police station Bhinai, and report Exhibit P-1 was lodged by him.
5. PW. 7, Shetan Singh
