1976 Supreme(Raj) 225
RAJASTHAN HIGH COURT
V.P.Tyagi, M.L.Shrimal, JJ.
Mehanduda & anr - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 1138 of 1971.
Decided On : 6-04-1976
The prosecution must prove its case beyond a reasonable doubt in order to secure a conviction.
Headnote:
CRIMINAL APPEAL - Murder - Conviction and sentence - Challenge - Eye witnesses - Contradictions and omissions in statements - Medical evidence - Doubtful - Benefit of doubt - Conviction set aside - Sentence maintained for causing injuries to other witnesses.
Fact of the Case:
The appellants were convicted of murdering Jeewan and causing injuries to three other persons. The prosecution relied on the testimony of four eyewitnesses, but the court found contradictions and omissions in their statements. The medical evidence was also doubtful, with the doctors disagreeing on the nature of the injuries and the weapon used to inflict them. The court held that the prosecution had not proved its case beyond a reasonable doubt and set aside the appellants' convictions for murder.
Finding of the Court:
The court found that the prosecution had not proved its case beyond a reasonable doubt. The eyewitnesses' statements were contradictory and contained omissions, and the medical evidence was doubtful. The court held that the appellants were entitled to the benefit of the doubt and set aside their convictions for murder.
Issues: 1. Whether the prosecution had proved its case beyond a reasonable doubt. 2. Whether the eyewitnesses' statements were reliable. 3. Whether the medical evidence was reliable.
Ratio Decidendi: The court held that the prosecution had not proved its case beyond a reasonable doubt. The eyewitnesses' statements were contradictory and contained omissions, and the medical evidence was doubtful. The court held that the appellants were entitled to the benefit of the doubt and set aside their convictions for murder.
Final Decision: The appellants' convictions for murder were set aside. Their convictions for causing injuries to other witnesses were maintained.
JUDGMENT
1. - This appeal has been directed against the judgement dated November 27, 1971 of the learned Sessions Judge, Pali, whereby the convicted the accused appellants Mehanduda and Madia for committing the murder of Jeewan (Since deceased) and causing injuries to PW/1 Mst. Sarwani, PW/5 Sarwan and PW/8 Harji and sentenced them as under:- | Mehanduda | u/s 302 IPC | Life Imprisonment (rigorous) and a fine of Rs. 100/-, in default of payment of fine to further undergo six month's rigorous imprisonment. |
| u/s 324 IPC | Two year's rigorous imprisonment. The substantive sentences were ordered to run concurrently. |
| Madia | u/s 323 IPC | One year's rigorous imprisonment each for causding simple injuries on the person. Sarwani and Sarwan i.e. two years' rigorous imprisonment both the sentences were ordered to run concurrently. |
The other three accused viz. Kishna, Heera and Chouthia were acquitted of all the charges framed against them. Accused Chhoga son of Raju was found to be abscording and as such no order was passed regarding him.
2. The fields of Jeewan (since deceased) and his father PW.11 Bakhta are adjacent to the fields of accused Mahenduda, Kishna and others. The fields of PW.11 Bakhta, father of the deceased were being irrigated by the well known as "Dhedki" and the fields of the accused were irrigated by the well "Dhed". There are three 'neem' trees growing on the southern side of the watercourse passing near the well "Dhed". There was a long standing dispute regarding the ownership of these trees between the family members of Jeewan (deceased) and the family members of accused Mehanduda. On the date of occurrence, that is, December 26, 1970 just before the occurrence PW.1 Mst. Sarwani was picking up billies in her field. PW.10 Aidan was operating the Persian wheel and PW.5 Sarwan was diverting the water towards the wheat crop. In the noon time Jeewan (deceased) came to the filed and saw accused Mehanduda cutting the branches of the 'neem' tree. Jeewan (deceased) objected to it and the accused Mehanduda climbed down from the "neem" tree. A verbal alteration took place between them. Hearing the noise PW.1 Mst. Sarwani, PW.5 Sarwan and PW.10 Aidan proceeded towards the water course and when they climbed up the water course near the 'Dhed" well, they noticed that the six accused persons viz. Mehanduda, Madia, Kishna, Heera, Chouthia and Chhoga were inflicting injuries on the person of Jeewan (deceased), Mehanduda inflicted blows on the person of Jeewan (deceased) both from the sharp and the reverse side of the axe, while accused Kishna, Heera and Madia inflicted lathi injuries and accused Chouthia and Chhoga facilitated the infliction of injuries by holding Jeewan (deceased).In the course of the incident PW.8 Harjit intervened to save Jeewan (deceased) but they were also belaboured. As a result of the injuries Jeewan met with instantaneous death. PW.10 Aidan was chased by the accused but as he could not be caught, noinjury was inflicted on him. After some time PW.11 Bakhta, father of Jeewan (deceased) came to the field. The eye witnesses of the occurrence narrated the entire story to him. Thereafter he went to the Police Station Kalu to lodge a first information report of this occurrence. The distance between the Police Station and the place of occurrence is 18 miles. The first information report of this occurrence was recorded by PW.17 Shri Arzal Khan at 11.30 p.m. on December 26, 1970. The first information report is Ex.P22. A case under Sections 302 and 323 was registered against all the above mentioned six accused persons. As no conveyance was available, the Sub-Inspector of Police reached the place of occurrence at 10.30 A.M. on December 27, 1970. He prepared a description memo of the dead body of Jeewan (deceased) Ex. P12, and inspected the site He found a blood-stained axe belonging to the accused lying near the dead body. As the axe was blood stained it was sei
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