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2005 Supreme(Raj) 127
High Court Of Rajasthan
Judgename : Shiv Kumar Sharma, Shiv Kumar Sharma
Ramdayal - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 660 of 2000
Decided On : 01/17/2005
Mr. Praveen Jain, for the Appellant.
Mr. B.N. Sandhu, Public Prosecutor, for the State.
The main legal point established is the reliance on circumstantial evidence, including the last seen alive theory and identification of the deceased, to establish guilt in a criminal case.
Headnote:
Accused Appellant - Criminal Law - Section 302, Section 201, Section 364, IPC - The judgment discusses the evidence linking the accused to the crime, including the last seen theory, identification of the deceased, and motive. The court rejects the defense's arguments and upholds the conviction based on the evidence presented.
Fact of the Case:
The accused was convicted for the murder of a missing boy whose body was found in a well. The prosecution presented evidence linking the accused to the crime, while the defense claimed false implication and lack of motive.
Finding of the Court:
The court found the accused guilty based on ample evidence, including witness testimonies, last seen alive theory, identification of the deceased, and disposal of the body. The defense's arguments were rejected, and the conviction was upheld.
Issues: The main issues were the accused's involvement in the murder, identification of the deceased, and the presence of a motive for the crime.
Ratio Decidendi: The court relied on the last seen alive theory, identification of the deceased, and disposal of the body to establish the accused's guilt. The lack of motive for the crime was not considered significant in light of the evidence presented.
Final Decision: The appeals were rejected, and the accused's conviction was upheld. The court found no reason to interfere with the trial court's judgment.
Dalip Singh, J.-The aforesaid appeals have been filed by the accused-appellant. First appeal being
D.B. Criminal Appeal No. 66/2000 has been filed through the Counsel and the second appeal being
D.B. Criminal Jail Appeal No. 1009 of 2003 was sent by post from the jail by the accused appellant. Since, both these appeals are by the same accused and against the same Judgment , therefore, they are being decided by this common Judgment .
2. The accused-appellant has preferred these appeals against the impugned Judgment dated 08.09.2000 passed by the Sessions Judge, Tonk in Sessions Case No. 87/1997 convicting and sentencing the appellant to imprisonment for life for offence under Section 302, IPC alongwith fine of Rs. 500/-and in default of payment, to further undergo ten days imprisonment. The accused appellant was further convicted and sentenced for offence under Sections 201 and 364, IPC for five years rigorous imprisonment alongwith fine of Rs. 500/-and in default of payment of fine to further undergo ten days imprisonment. All the sentences were ordered to run concurrently.
3. The brief facts giving rise to these appeals are that on 02.08.1997 a minor boy Kalu s/o Girraj went missing and a report Exhibit P-1 to this effect was lodged by PW. 1 Girraj Prasad at Police Station Niwai, District Tonk. In the said report, it was stated by PW. 1 Girraj Prasad, father of the missing boy, that at around 5:30 PM on 02.08.1997 his boy aged about 4 years has been missing and he requested that boy be traced out. In the report the description of the boy and the cloths which he was wearing was also given. It was also stated that his name is Kalu and he is wearing a white shirt and a black "kachchha". This endorsement has been made by the police on said written report Exhibit P-1 lodged by PW. 1 Girraj Prasad.
4. It is the case of the prosecution that since the boy could not be traced out PW. 1 Girraj Prasad lodged another report Exhibit P-2 on 29.08.1997 at Police Station, Niwai stating therein that he had on 02.08.1997 lodged an earlier report regarding missing of his son but inspite of all his efforts to trace out the boy, he has been unable to locate the boy and he now fears that some person has kidnapped him. Upon the said report Exhibit P-2, Police registered a case under Sections 363 and 365, IPC and registered the First Information Report No. 227 of 1997 and started investigation.
5. In the meanwhile on 08.08.1997, a written report Exhibit P-5 came to be lodged by one Mahendra Singh at Police Station Kekri, District Ajmer that in the well of one Raghuvir Singh Rathore there is a dead body of a young boy in the water and it appears that the boy has been lying dead for about 3-4 days. On this report, police recovered the body and initiated proceedings under Section 174, CrPC. After the body was recovered, the police prepared the site plan of the well Exhibit P-6 and the Panchnama Exhibit P-7 indicating therein that the dead body is of an unidentified boy aged about 6 years whose hands are tied with a nylon rope and the "Panchas" present were of the opinion that someone after tieing the hands of the boy had thrown him in the well as a result of which the boy died by drowning. The police seized the black underwear which the boy was wearing and also one tabeez and prepared the seizure memo Exhibit P-8. The body was sent for the post mortem, the post mortem report is Exhibit P-13. The photograph of the deceased boy was also taken which is Exhibit P-23. The efforts were made to trace out the identity of the boy and his relatives in the village but when no trace was found the photograph of the deceased boy were published in the newspapers and the wireless message were also sent. It is the case of the prosecution that when this information reached at Police Station Niwai, the Police from Niwai went to the Police Station Kekri and obtained all the relevant records from the Police Station Kekri. During the course of investigation, statem
