1989 Supreme(Raj) 566
RAJASTHAN HIGH COURT
D.L.Mehta, S.S.Byas, JJ.
Bhanwar Lal And Ors. - Appellant
Versus
State Of Rajasthan - Respondent
D.B. Cr. Appeal No. 384 of 1985.
Decided On : 28-02-1989
The requirement of credible evidence to dislodge the presumption of innocence and the insufficiency of motive alone to warrant conviction.
Headnote:
Appeal - Conviction under Sections 302/149 and 147 Indian Penal Code - Summary of Acts and Sections: Indian Penal Code, Sections 302, 149, and 147 - The court analyzed the testimony of witnesses, the nature of injuries, and the conduct of the accused and witnesses to determine the credibility of the evidence. The court emphasized the requirement of credible evidence to dislodge the presumption of innocence and highlighted the insufficiency of motive alone to warrant conviction. The appeal was allowed, and the appellants were acquitted of the charges.
Fact of the Case:
The appellants were convicted under Sections 302/149 and 147 Indian Penal Code for the murder of the deceased victim. The prosecution's case relied on eyewitness testimony and medical evidence to establish the guilt of the appellants.
Finding of the Court:
The court found that the testimony of the eyewitnesses was not credible and highlighted inconsistencies in their accounts. It emphasized the need for credible evidence to dislodge the presumption of innocence and concluded that the prosecution failed to prove the guilt of the appellants beyond a reasonable doubt.
Issues: The key issue was the credibility of the eyewitness testimony and the sufficiency of evidence to establish the guilt of the appellants.
Ratio Decidendi: The court emphasized the requirement of credible evidence to dislodge the presumption of innocence and highlighted the insufficiency of motive alone to warrant conviction.
Final Decision: The appeal was allowed, and the convictions of the appellants under Sections 147 & 302 read with 149 Indian Penal Code were set aside. The appellants were acquitted of the charges.
JUDGMENT
1. - The appeal is directed against the judgment of the learned Sessions Judge, Ajmer dated August 19, 1985 convicting the nine appellants viz. (1) Bhanwar Lal, (2) Poosa, (3) Rang Lal, (4) Rameshwar, (5) Ridh Karan, (6) Mohan, (7) Dev Karan, (8) Nanda and (9) Hagama under Sections 302/149 and 147 Indian Penal Code and sentencing each of them to imprisonment for life with a tine of L 1,000/-, on the first count and one year's rigorous imprisonment under the second count.
2. Succinctly stated, the prosecution case is as follows: The appellant except Hagama are residents of village Moojhuolav, Police Station Kishangarh District Ajmer. The deceased victim Har Chand was the brother of PW 2 Har Karan and father of PW 3 Sheodan. They are also residents of the same village. Relations between the members of the accused party and the members of the complainant party headed by the deceased Har Chand, had sunk low deep. Two or three days before 25-8-1984 an incident of "Marpeet" took place between the parties and a police case was registered against some members of the appellants party. Appellant Bhanwar Lal and his companions were arrested in that case on 22-8-1984. One Chhagan Lal belonged to the party of the appellants. At about 8 00 A.M. on 25-8-1984, the deceased Har Chand fired a shot at Chhagan Lal and injured him thereby. A report of this incident was lodged at about 10 00 A.M. on the same day at Police Station Kishangarh and a case Under Section 307, Indian Penal Code was registered.
3. At about 8.00 A.M. on the same day that is 25-8-1984, PW 2 Har Karan and PW 3 Sheodan went toward the village tank to case themselves. They saw Har Chand coming from the village side and running towards the tank. The nine appellants were running closely behind him. They were all armed with Lathies The foot of Har Chand slipped near the well of Man Singh, and he fell down. The appellants overtook him and started landing blows to him with their lathies PW 2 Har Karan and PW 3 Sheodan got frightened and hid themselves behind the bushes. They saw that the appellants continued to strike blows to Har Chand till he was dead. Har Chand bad a gun and a bag of cartridges with him. Appellant Rameshwar took up that gun and the bag of cartridges. When the appellants found Har Chand dead. they retreated and went towards the village. Appellant Rameshwar took away the gun and the bag of cartridges with him When the accused went away, PW 2 Har Karen and PW 3 Sheodan went to Har Chand. PW 5 Ghisa, Vishra, Raghunath and Bhawani Singh also came there. They all found Har Chand dead. PW 2 Har Karan went to the house of Bhawani Singh where he found his son Tejmal. Tejmal took down report Ex. P. 17 as dictated to him by PW 2 Har Karan. PW 10 Dayal Singh, Station House Officer, Police Station Kishangarh came to village Moojhuolay at about 4.00 P.M. on that very day in connection with the investigation of the criminal case registered Under Section 307 Indian Penal Code in connection with the gun fired at Chhagan Lal by Har Chand. Written report Ex. P-17 was presented to him A case was thereon registered and the investigation ensued. The Investigating Officer Dayal Singh visited the site and prepare the site plan Ex P-2. He also prepared the inquest report of the victim's dead body. The post mortem examination of the victim' dead body was conducted next day on 26-8-1984 at about 9.00 A.M. by PW 6 Dr. P.C. Agarwal the then Medical Officer Incharge, Government Hospital, Kishangarh. The Doctor noticed the following ante-mortem injuries over the victim's dead body:
External-
1. Puncture wound 3 c.m.s. x 2.5 c.m.s. x bone deep on the left mandibular region, middle part, with injuries & vessels bones etc;
2. Incised wound 2 c.m.s. x 1 c.m. x bone-deep on right fore arm middle part, posterior aspect with fracture of radio ulna;
3. Lacerated wound, 4 c.m.s. x 1 c.m. x bone-deep on right leg, middle part, front aspect, with fracture of tibia fibula;
4. Swelling on left thigh, low
Click Here to Read the rest of this document
Back
