Badri Lal S/O Chhitar Lal vs State of Raj

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Raj) 1664

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Shiv Kumar Sharma, Guman Singh, JJ.
Badri Lal S/O Chhitar Lal and others - Appellant
Versus
State of Raj - Respondent
D.B. Criminal Appeal Nos. 37, 148 and 551 of 2004. (Against the judgment dated 20.12.2003 in Sessions Case No - 314/2001 passed by Sh. Govind Prasad Goyal, RHJS, Additional Sessions Judge (Fast Track) No. 1, Bundi).
Decided On : 2-04-2007

For the Appellants Badri Lal s/o Chhitar Lal:Arvind Kumar Gupta and Harsh Saini, Advocates.
For the Appellant Kamlesh:S.K. Jindal and Prashant Sharma, Advocate.
For the Appellant Badri Lal s/o Tej Mal: Vaibhav Gehlot, Amicus Curiae.
For the State: M.L. Goyal, Public Prosecutor.

Headnote:Indian Penal Code, 1860 – S. 34, 201 and 302 – Conviction and sentence – Appealed against – Circumstantial evidence –
Last seen circumstances suggest 4 day time gap – other person’s intervention ruled out as cross exam established deceased strained in – law relation – earrings recovered unidentified with no specific mark – accused did not abscond as brother corroborates him being home on day body recovered – prosecution fails to prove deceased earlobe cut by accused to remove earrings – Blood stains on t – shirt and knife of accused – no FSL report on that as not qualitative evidence – sentence and conviction liable for setting aside – appeal allowed.

JUDGMENT

1. - The appellants, three in number, were indicted before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi in Sessions Case No. 314/2001. Learned Judge vide Judgment dated December 20, 2003 convicted and sentenced the appellants as under : U/s. 302 IPC: Each to suffer life imprisonment and fine of As. 2000/-, default to further suffer three months simple imprisonment. U/s. 201 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment. U/s. 120B IPC : Each to suffer rigorous imprisonment for five years and fine of Rs. 2000/-, in default to further suffer three months simple imprisonment.Substantive sentences were directed to run concurrently.

2. On September 1, 2000 stark named dead body of Shree Lai got recovered from Machhli River by Police Station Dei District Bundi. A case under sections 302 and 201 IPC was registered and investigation commenced. Statements of witnesses under section 161 Cr.P.C. were recorded, dead body was subjected to autopsy, necessary memos were drawn and the appellants were arrested. On completion of investigation charge sheet was filed. in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi. Charges under sections 302, 201 and 120B IPC were framed. The accused denied the charges and claimed trial. The prosecution in support of its case examined as many as 18 witnesses. In the explanation under section 313 Cr.P.C., the appellants claimed innocence. Four witnesses in defence were examined. Learned trial Judge on hearing final submissions observed that although there was no eye witness of the occurrence, the prosecution was able to establish the guilt of the appellants by circumstantial evidence. Since the chain of circumstances was found complete, the appellants were convicted and sentenced as indicated above.

3. We have heard the submissions and scrutinised the record. The first circumstances found established by the learned trial court against the appellant was that death of Shree Lal was homicidal in nature. We find no infirmity in this observation. As per post mortem report (Ex.P-5) following ante mortem injuries were found on the dead body :

1. Incised wound 1/2 x 1/4 x 1/2 at back 7" below the nape of neck situated at 1/2 left side of vertebral column

2. Incised wound 1 x 1/4 x 1/4 at right side of back 1" below the scapula

3. Incised wound 1/2 x 1/4 x 1/4 at right side of back 4" below the scapular.

4. Abrasion 2" x 11/2 at right side of back 11/2 below the scapular.

5. Abrasion 2" x 11/2 at right buttuck

6. Abrasion 3/4 x 1/4 at medial side of left elbow joint.

7. Abrasion 1 x 3/4 at medial side of right elbow joint

8. Abrasion 1/4 x ⅛ at forehead 11/2 above the right eye brow

9. Abrasion 11/2 x ⅛ at left side of forehead 11/4 above . the eyebrow

10. Incised wound 1 x ⅛ x ⅛ at right nostril.

11. Lacerated wound 1/4 x ⅛ x ⅛ at right ear lobule

12. Lacerated wound 1/2 x 1/4 x full thickness at left ear lobule.

13. Incised wound 1/2 x 1/4 x 1/4 at left cheek.

14. Incised wound 1/4 x 1/4 x ⅛ at left side of face 11/2 below the injury No. 13.

15. Incised wound 3/4 x 1/2 x muscle deep at left side of chest 4" below the nipple.

16. Stab wound 3/4 x 1/2 x cavity deep left side of abdomen 6" below the nipple.

17. Stab wound 3/4 x 1/2 x cavity deep left side of abdomen 8" below the nipple.

18. Incised wound 3/4 x 1/2 x muscle deep at right side of chest 4" below the nipple.

19. Stab wound 3/4 x 1/4 x cavity deep at right hypochondric region of abdomen.

20. Stab wound 3/4 x 1/4 x cavity deep at right hypochondric region of abdomen 1" medially away from injury No. 19.

21. Incised wound 3/4 x 1/4 x muscle deep at epigastic region of abdomen 1 1/4 medially away from injury No. 20 at same lane.

22. Incised wound 1/2 x 1/4 x muscle deep at epigastic region of abdomen 1/4 medially away from injury No. 21 at same lane above the umblicus.

According to Dr. A.K. Saxena (Pw.3) the

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