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High Court Of Rajasthan
Judgename : J.S.Ranawat,D.M.Bhandari
STATE OF RAJASTHAN - Appellant
Versus
SHIV SINGH - Respondent
Criminal Appeal 171 Of 1958
Decided On : 12/03/1960
CRIMINAL - MURDER - CONVICTION - APPEAL AGAINST ACQUITTAL - CIRCUMSTANTIAL EVIDENCE - SUFFICIENCY - CONFESSION - ADMISSIBILITY - SECTION 25 OF THE EVIDENCE ACT - INTERPRETATION.
Fact of the Case:
The accused was acquitted of the murder of his son. The State appealed against the acquittal. The High Court found that the trial court had erred in rejecting the prosecution evidence on flimsy grounds and that the finding of acquittal was perverse.
Finding of the Court:
The High Court held that the accused was guilty of murder under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life.
Issues: 1. Whether the circumstantial evidence was sufficient to prove the guilt of the accused beyond reasonable doubt? 2. Whether the trial court erred in rejecting the prosecution evidence? 3. Whether the finding of acquittal was perverse? 4. Whether the accused was entitled to the benefit of doubt?
Ratio Decidendi: 1. The High Court held that the circumstantial evidence was sufficient to prove the guilt of the accused beyond reasonable doubt. The court considered the following circumstances: a. The accused was annoyed with his son on account of his making a compromise with the maternal grandmother Mst. Shivi in the litigation about the house in Ratanada and even threatened to kill him on the night previous to the night of the incident. b. The accused had purchased an old and rusty sword from Dildarkhan on the 23rd of February, 1957. c. That sword was given to Badrilal for sharpening who returned the sword after sharpening it to the accused at about 8 p. m. on the night of the incident. d. The accused went to the Police Station at about 5. 45 p. m. to make a report with a sword in his hand. e. The sword was blood stained and on chemical examination it was found positive for human blood and that the sword has been proved to be the one which he (the accused) had purchased On the 23rd of February, 1957 from Dildar-khan and got it sharpened from Badrilal. f. The coat which the accused was wearing and the canvas shoes which he had on his feet were found to be stained with human blood. g. He took the Police to the place where the dead body of Mohan was lying. h. On medical examination it was found that the injuries on Mohan were inflicted by a sharp edged weapon like a sword which was recovered from the possession of the accused. i. Mohan was alive till early hours of the morning and was last seen by his wife Mst. Kamla going to the nohra. 2. The High Court held that the trial court erred in rejecting the prosecution evidence on flimsy grounds. The court noted that the trial court had rejected the testimony of three witnesses who had identified the accused and the sword, on the ground that no identification parade was held before a magistrate. The High Court held that this was not a valid ground for rejecting the testimony of the witnesses, as identification parades are not always necessary and the witnesses had identified the accused and the sword at the police station. 3. The High Court held that the finding of acquittal was perverse. The court noted that the trial court had failed to consider the circumstantial evidence against the accused and had relied on the testimony of a witness who had contradicted her own police statement. The High Court held that the trial court's finding was not supported by the evidence on record.
Final Decision: The High Court set aside the order of acquittal of the trial court and convicted the accused under Section 302 of the Indian Penal Code. The court sentenced the accused to imprisonment for life.
BHANDARI, J.
( 1 ) THIS is an appeal on behalf of the State against the judgment of the Additional sessions Judge, Jodhpur, by which he acquitted Shiv Singh respondent of a charge under Section 302, I. P. C.
( 2 ) THE prosecution case is that the respondent Shivsingh murdered his own son mohan in the early hours of the morning on the 24th of February 19s7. The motive for the murder is said to be that the deceased did not comply with the wishes of his father in making a compromise with his maternal grand-mother Mst. Shivi and in spite of the strong objection on his behalf, he entered into a compromise with her on the 20th, of February, 1957. The litigation was about some immoveable property and under the terms of the compromise, it was partly held to be of Mohan and partly of Mst. Shivi. The accused tried to persuade Mohan to go back on the compromise. To this the deceased did not agree. The accused thereupon threatened to skill him and made up his mind to do so and with that end in view, he purchased a sword for Rs. 3/-from a kabari Dildar Khan on the 23rd of February 1957. He took that sword to Badri Lal for sharpening and got it sharpened on payment of annas eight. The accused and his son Mohan with his wife resided in a house at Ratanada in jodhpur City. This house belonged to Mst. Shivi who also resided in it. Mohan used to sell milk and for that purpose he kept a number of she-buffaloes in a nohra a little distance from the house in which he resided. Mohan went from his house to the nohra early in the morning to much the cattle with one balti (bucket) and a lantern. It is alleged that the accused finding it to be a suitable opportunity for killing his son went to the nohra and inflicted a number of injuries to him with the sword. With one blow he wholly severed off the head from the trunk and with another blow he severed off the right hand at wrist joint and inflicted a number of other incised wounds which are entered in the post mortem examination report (Ex. P/11 ).
( 3 ) THE prosecution case is that this murder was witnessed by Mst. Kamala, wife of the deceased who is alleged to have gone to the nohra to supply him a pot for the purpose of measuring the milk which her husband had forgotten to take with him when he went to the nohra. After murdering his own son, the accused went away to the room in the house. He brooded for sometime over the whole affair and then ultimately made up his mind to report the matter to the police With this purpose he locked his own room and went to the Police Station, Jodhpur City with the blood stained sword. On his way to the Police Station, he purchased some wine from a liquor shop and drank part of it. It was very early in the morning that the accused reached the Jodhpur Police Station. Mr. J. K. Balani, the Assistant superintendent of Police had his residential quarters in the Police Station building and he was awakened by Dalpat Singh Constable on the accused asking him to do so. He saw the accused standing with a naked sword which had marks of fresh blood on it. The accused is said to have told him that he had killed his son and had come to surrender. The Assistant Superintendent of Police then got the first information report recorded by Nathi Raj Head Constable. This is a detailed document in which the motive of the murder, the story of the purchase of the sword for the purpose of murdering and getting it sharpened and then the story of the actual commission of the offence are narrated. The accused was at that time wearing a dhoti, a green woollen coat, a shirt and canvas shoes on his feet. The dhoti and the coat and the shoes had blood stains on them. In the presence of moatbirs all these things were taken possession of by the Police. The lower portion of the sword was blood stained to the extent of l-4 1/2" from the bottom side so that portion was wrapped with a piece of cloth and a seizure memo was prepared relating to the sword, which is Ex. P/3 on the record. The can
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