1994 Supreme(Raj) 749
RAJASTHAN HIGH COURT
B.R.Arora, P.P.Naolekar, JJ.
Kalu alias Chhotu and others - Appellants
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 290 of 1982.
Decided On : 4-05-1994
Evidence of an approver must be corroborated by independent evidence, and identification of the accused made after a lapse of time and in poor lighting conditions is doubtful.
Headnote:
CRIMINAL APPEAL - CONVICTION FOR DACOITY AND MURDER - EVIDENCE OF APPROVER - IDENTIFICATION OF ACCUSED - MEDICAL EVIDENCE - RECOVERIES - THUMB IMPRESSION COMPARISON - DOUBT REGARDING PARTICIPATION OF ACCUSED - ACQUITTAL.
Fact of the Case:
Accused-appellants were convicted for dacoity and murder of Ramjas Bishnoi. The prosecution case was based on the statement of an approver, identification of the accused by eyewitnesses, medical evidence, and recoveries of articles from the accused.
Finding of the Court:
The court found that the evidence of the approver was not reliable and did not inspire confidence. The identification of the accused was also doubtful as it was made after a lapse of nine months and in poor lighting conditions. The medical evidence supported the prosecution case, but the recoveries of articles from the accused were doubtful. The court also noted that the thumb impression of one of the accused matched that of another person who had been convicted in a separate case, raising suspicion about the presence of the accused at the scene of the crime.
Issues: 1. Whether the evidence of the approver was reliable. 2. Whether the identification of the accused was reliable. 3. Whether the medical evidence supported the prosecution case. 4. Whether the recoveries of articles from the accused were reliable. 5. Whether the thumb impression comparison raised a doubt about the presence of the accused at the scene of the crime.
Ratio Decidendi: 1. The evidence of an approver is competent, but it must be corroborated by independent evidence. In this case, the evidence of the approver was not corroborated and did not inspire confidence. 2. Identification of the accused made after a lapse of nine months and in poor lighting conditions is doubtful. 3. Medical evidence can support the prosecution case, but in this case, the recoveries of articles from the accused were doubtful. 4. Thumb impression comparison can raise a doubt about the presence of the accused at the scene of the crime.
Final Decision: The court allowed the appeals filed by the accused-appellants, set aside the judgment of the lower court, and acquitted the appellants of all charges.
JUDGMENT
1. These two appeals are directed against the judgment dated 29-7-1982, passed by the Additional Sessions Judge, Raisinghnagar, by which the learned Additional Sessions Judge convicted accused-appellants Kalu alias Chhotu, Lakhi, Birjia, Amar Singh and Ram Swaroop for the offence under Section 396 read with Section 397 I.P.C. and sentenced each of the accused-appellants to undergo imprisonment for life and a fine of Rs. 500/-and in default of payment of fine further to undergo six months' rigorous imprisonment. Accused-appellants Kalu, Lakhi and Birjia were, also, convicted for the offence under Section 460 1PC and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 500/- each and in default of payment of fine to further undergo six months' rigorous imprisonment.
2. The accused-appellants were tried by the learned Additional Sessions Judge for the offences under Section 396 read with 397 and Section 460 IPC for committing dacoity in the house of one Ramjas Bishnoi in his Dhani situated in 2. MS.R., Police Station, Anoopgarh, and, also, committed the murder of Ramjas Bishnoi. The case of the prosecution is that in the intervening night of 18/19th January, 1978, the accused-appellants along with PW 1 Prithvi Singh went to the Dhani of Ramjas Bishnoi at about 1.30 a.m. on a jeep. Accused-appellant Ram Swaroop was deputed to keep a watch on the outer-side of the house and accused-appellant Amar Singh was deputed to keep a watch on the servant's quarter, who bolted the doors of the servant's quarters from out-side. Accused-appellants Kalu, Lakhi and Birjia and PW 1 Prithvi Singh reached near the house and found the door of the outer-room dosed. Accused Birjia entered into the room through a gap of one and a half feet in between the lower part of the door and the floor-level and opened the door of the outer- room. Thereafter the accused gave beatings to Ramjas, who was sleeping in the room and he, after receiving the injuries, became unconscious. Thereafter the three accused, viz., Kalu, Lakhi and Birjia proceeded towards the inner-room in the Dhani and knocked on the door. The door was not opened by the inmates and these accused, after breaking the door, entered into the room and asked PW 9 Chando, PW 10 Manohari and PW 14 Nihal Singh, who were inside the room to show the where-abouts of the money and other valuable articles. During this period, PW 1 Prithvi Singh was left to keep a watch on Ramjas Bishnoi as well as on the outer- room. On the refusal of the aforesaid three witnesses to show the where-abouts of the money and valuable articles, they were given beatings by these accused persons and in the light of two torches, which the accused were carrying, they went inside the store-room, opened the boxes and took-out the money and valuables etc. and went away. PW 9 Chando received as many as nine injuries while PW 10 Manohari received one bullet injury and PW 14 Nihal Singh, also, received one injury on the lower part of left jaw. Ramjas Bishnoi, also, received eight injuries and became unconscious. He was, later on, taken to P.B.M. Hospital, Bikaner, but he could not be cured and ultimately he succumbed to the injuries on 28-1-1978. Though the accused were expecting a heavy amount in the Dhani but they could be able to take-away only Rs. 400/-to Rs. 500/-, one gold Chain (Dora), one gold Tabiz having the symbol of Hanumanji, one pair of Paijeb, one wrist watch, one time-piece and certain clothes. The report of the incident was lodged at Police Station, Anoopgarh, in the same night at about 330 a.m. by PW 14 Nihal Singh. PW 4 Gurudeo Singh, who was the Sin of Ramjas Bishnoi, accompanied Nihal Singh to the Police Station. Accused Kalu, Ram Swaroop, Birjia, Lakhi, Amar Singh and PW 1 Prithvi Singh were arrested by PW 19 Ratan Singh - the Investigating Officer -on 5-10-1978. A request for their identification was made by PW 19 Ratan Singh by way of moving an application before PW 8 Mr. Radhey Shyam G
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