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High Court Of Rajasthan
Judgename : L.S.Mehta,C.M.Lodha
STATE - Appellant
Versus
BHOLA SINGH - Respondent
Cri. (Jail) Appeal 486 Of 1968
Decided On : 11/15/1968
CRIMINAL LAW - Murder - Conviction and sentence - Appeal - Evidence - Appreciation of - Motive - Proof of - Corroboration - Circumstantial evidence - Identification of accused - Non-examination of witnesses - Adverse inference - Inconsistent statements - Sentence - Modification.
Fact of the Case:
Bhola Singh and Kor Singh were convicted and sentenced to death and life imprisonment, respectively, for the murders of Darshan Singh and Makhan Singh. The prosecution's case was that Bhola Singh had a dispute with Makhan Singh over water rights, and that he and Kor Singh went to the victims' house at night and killed them with a gun and a spear. The accused denied the charges, claiming that they were falsely implicated due to enmity with the victims' family.
Finding of the Court:
The court found that the prosecution had proved its case beyond reasonable doubt. The three eyewitnesses, who were family members of the victims, had consistently identified the accused as the perpetrators of the crime. Their testimony was corroborated by circumstantial evidence, including the recovery of the murder weapons and the accused's flight from the village after the incident. The court rejected the defense of alibi and the argument that the prosecution had failed to prove motive, holding that motive was not essential for a conviction in a case where the evidence against the accused was clear and reliable.
Issues: 1. Whether the prosecution had proved its case beyond reasonable doubt. 2. Whether the accused's alibi was credible. 3. Whether the absence of proof of motive was fatal to the prosecution's case. 4. Whether the trial court erred in convicting the accused based on the testimony of eyewitnesses who were related to the victims.
Ratio Decidendi: 1. The court held that the prosecution had proved its case beyond reasonable doubt based on the following factors: (a) The testimony of the three eyewitnesses, who were family members of the victims, was consistent and reliable. (b) The testimony of the eyewitnesses was corroborated by circumstantial evidence, including the recovery of the murder weapons and the accused's flight from the village after the incident. (c) The accused's alibi was not credible, as it was contradicted by the testimony of the eyewitnesses. (d) The absence of proof of motive was not fatal to the prosecution's case, as motive is not essential for a conviction in a case where the evidence against the accused is clear and reliable.
Final Decision: The court upheld the convictions of the accused but modified the death sentence imposed on Bhola Singh to life imprisonment, considering the fact that the trial court had awarded a lesser penalty to Kor Singh, who was equally guilty of the murder.
MEHTA, J.
( 1 ) THERE lived one Nand Singh Sikh in the village Uttamsinghwala. He had had six sons, namely (1) Bhola Singh, (2) Gurdev Singh, (3) Darshan Singh, (4) Makhan singh, (5) Raja Singh and (6) Gurmej Singh. The accused Bhola Singh had been separated from the joint family. He was living in the northern portion of the family house, in the Chak Uttamsinghwala. The rest of the brothers were living with their parents in its southern part. The other accused Kor Singh is the son of the accused Bhola Singhs wifes sister. It is alleged by the prosecution that on July 21. 1967, at about noon, when the deceased Makhan Singh and Raja Singh were irrigating their agricultural land, their brother Bhola Singh blocked the water course and diverted water towards his own land. Makhan Singh objected to it and turned water towards his land on the rear side, with the result that water stopped from flowing into Bhola Singhs field. This enraged Bhola Singh. He hurriedly went to his house and returned to his field with a "barcha". His father Nand Singh, his mother Mst. Gurdayal Kaur, P. W. 2, and his uncle Hari Singh intervened. They stopped Bhola Singh from putting up fight with his brother. Both Raja Singh and Makhan Singh returned home, at about 2. 30 p. m. They after taking their evening meals, went to bed at about 8 p. m. Raja Singh, Gurmej singh and their mother Mst. Gurdayal Kaur slept on three cots, placed near each other, towards the door of the house. The deceased Makhan Singh and Darshan singh slept on their cots lying at a distance of nearly three "paundas" (15 ft.)away from the cot of their mother. The other ladies of the family, including the wife of the deceased Makhan Singh, Smt. Ranjeet Kaur and Smt. Sarjeet Kaur wife of Darshan Singh, slept in the court-yard of the family house. Bhola Singhs family was sleeping at his own dwelling place. During the night intervening 21st and 22nd July, 1967, Bhola Singh, along with kor Singh, passed near the cot of Raja Singh and then reached the place where makhan Singh and Darshan Singh were lying asleep. Bhola Singh fired his pistol at darshan Singh, hitting him on his chest. Kor Singh inflicted a "barcha" blow to makhan Singhs chest. Raja Singh, P. W. 1, and Mst. Gurdayal Kaur, P. W. 2, who were awoken, rushed up to the place where the murders were committed. Kor singh after piercing the spear in the chest of Makhan Singh took it out with force. In the course of this frenzied attempt Makhan Singh fell down from his cot. Raja singh and Mst. Gurdayal Kaur wanted to catch hold of the accused persons, but they were warned with impending danger. Their attempt, therefore, remained abortive. Raja Singh, and Mst. Gurdayal Kaur lifted Makhan Singh and put him on his cot. Soon after they saw Bhola Singh on the roof of his apartment. He intimidated Raja Singh and others with dire consequences from his roof. After a short while Bhola Singh removed all his family members from his house. Makhan singh and Darshan Singh both died on the spot. On hearing an alarm Hari Singh, amar Singh, Sajjan Singh, Jeet Singh and other villagers arrived at the place after half an hour of the occurrence. Next day at about 6 or 7 a. m. Raja Singh went to the Police Station, hanumangarh, which is at a distance of nearly 16 miles from Uttamsinghwala chak and lodged First information report Ex. P. 1 at 9 a. m. The Station House Officer kishore Singh. P. W. 6, registered a case under Section 302, I. P. C. and then investigation followed. Soon after he reached the spot and found there the dead bodies of Darshan Singh and Makhan Singh. He got one twelve bore live cartridge at the place of the occurrence. It was duly sealed and seized by him. He prepared site plan Ex. P, 2, description memo of the site Ex. P. 2-A, inquest reports of the deceased Makhan Singh and Darshan Singh, Exs. P. 6 and P. 7 respectively, recovery memo of the live cartridge Ex. P. 10, recovery memo of "barcha" Ex. P. 16 and the recovery memo of the
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