1994 Supreme(Raj) 579
RAJASTHAN HIGH COURT
J.R.Chopra, Rajendra Sartena, JJ.
State of Rajasthan - Appellant
Versus
Prakash Chanel - Respondent
D.B. Criminal Appeal No. 200 of 1977.
Decided On : 12-01-1994
In a criminal case, the prosecution must prove the guilt of the accused beyond a reasonable doubt. Circumstantial evidence alone is not sufficient to convict an accused unless it is strong and conclusive.
Headnote:
CRIMINAL APPEAL - SECTION 302, 458, 429, 380 AND 467 IPC - FACTUAL CIRCUMSTANCES - EVIDENCE - INTERPRETATION - COURT'S FINDINGS - ACQUITTAL OF ACCUSED - APPEAL BY STATE - DISMISSAL.
Fact of the Case:
The case involved the murder of Gauri Shanker, who was found dead in his house with an injury on his neck. The prosecution alleged that the accused, Prakash Chand, committed the murder due to a dispute over the payment of a 'theka' agreement. The accused was arrested, and his footprints and fingerprints were taken. Bloodstained clothes and a weapon were recovered from his house.
Finding of the Court:
The trial court acquitted the accused, holding that the evidence against him was insufficient. The court found that the footprints and fingerprints could not be conclusively linked to the accused, and that the recovery of the bloodstained clothes and weapon was unreliable. The court also noted that the accused had a motive to kill the deceased, but that this motive was not sufficient to convict him in the absence of strong evidence.
Issues: 1. Whether the evidence against the accused was sufficient to prove his guilt beyond a reasonable doubt. 2. Whether the trial court erred in acquitting the accused.
Ratio Decidendi: The court held that the trial court did not err in acquitting the accused. The court found that the evidence against the accused was circumstantial and inconclusive. The court also found that the trial court had properly considered all the evidence and had reached a reasonable conclusion.
Final Decision: The appeal filed by the State against the acquittal of the accused was dismissed.
JUDGMENT
1. This an appeal filed by the State of Rajasthan against the judgment of the learned Addl. Sessions Judge, Ganga Nagar, dated 24-1-077 rendered in Sessions Case No. 54/76 State v. Prakash Chand whereby the learned Addl Sessions Judge has acquitted the accused respondent Prakash Chand of the offences under sections 302, 458, 429, 380 and 467 1PC by giving him benefit of doubt.
2. The facts necessary to be noticed for the disposal of this appeal briefly stated are, that deceased Gauri Shanker was owning certain land in village Jodhewala. Earlier. he was cultivating his land but later, he started giving it on theka'. Initially, a 'theka' was given to Sarpanch Shri Kaur Singh (PW 1) but in the fateful year, in which the murder of Shri Gauri Shanker has taken place, 'theka' of his land was given in favour of Prakash Chand, accused, for a sum of Rs. 6500/- & an agreement (Ex.P. 26) was executed in lieu thereof, Rs. 3000/- were paid at that very moment, but for the 244 State of Rajasthan v. Prakash Chand, Cr. L.R. (Raj.) 1994 . remaining amount of Rs. 3500/- a pro-note was got executed in favour of Shri Gauri Shanker, which has been marked as Ex. P/27. It is alleged that the non-payment of the said amount was the reason for commission of the murder of Shri Gauri Shanker by Prakash Chand. accused. It is alleged by PW 7 Punja Ram, deceased neighbourer, that he felt that some foul smell was coming from the house of Gauri Shankar. He then met Dulla and informed about the foul smell coming from Gauri Shanker's house. Dulla is the person, who was grazing the cattle of Gauri Shanker. When Punja Ram enquired from Dulla as to what has happened to the goats of Gauri Shanker, he told that Gauri Shanker used to leave his goats with him for grazing and he (Gauri Shanker) himself collected them from him but for some days, neither he (Gauri Shanker) brought his goats to him nor took them back. Punja Ram, PW 7, then informed him that some foul smell is coming from Gauri Shanker's house and, therefore, they should go and find out. On this, Dulla Ram, Punja Ram and one Kalu Ram went to the house of Gauri Shanker. They scaled over the wall of house of Gauri Shanker & jumped in his house & found Gauri Shanker dead in the kitchen. They found one injury on his neck. They also found one goat & two lambs dead in the house. Then they went & informed about it to Sarpanch Shri Kato- Singh, who sent information to Gauri Shanker's grand sons Hanuman (PW 2) and Devki Nandan (PW 5), who were living with their mother in the town of Sriganga Nagar. Shri Kaur Singh, Sarpanch, also went to the house of deceased Gauri Shanker and jumped into it from the house of Punja Ram alongwith one Jagtar Singh and found the statement of Punja Ram correct and it was he, who reported the matter to the police on. which investigation started. Two foot prints were found inside the 'chowk' of the house by Devki Nandan and two foot prints outside his house along with a ladder were also found there. The ladder was found fixed with the back wall of the chowk. The moulds of those foot prints were taken on the next date. It was suspected that there are certain finger prints on the brass 'Iota' which was lying near the dead body and, therefore, that too was taken into possession. The dead body was sent for post mortem examination, which was conducted by Dr. Amrik Singh but he being outside the country, post mortem report (Ex P 38), which was prepared by him was got proved by PW 13 Ramdutt, Compounder. Accused Prakash Chand was arrested on 10.3-75 and thereafter his specimen foot prints were also taken along with his finger prints by the local Magistrate. It is further alleged that accused gave information about recovery of blood stained shirt and 'chaddar' as well as 'toka', which is said to be the weapon of offence. It was on his information and it was at his instance that blood stained shirt and blood stained 'chaddar' were recovered from his house under his bed and blood staine
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