2013 Supreme(Raj) 1853
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mohammad Rafiq, Nisha Gupta, JJ.
Girraj Singh - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Appeal No. 332 of 2004.
Decided On : 24-09-2013
Advocates:
For the Appellant:P.R.S. Rajawat, Advocate.
For the State: Javed Choudhary, Public Prosecutor.
Circumstantial evidence alone is not sufficient to convict an accused unless it is so strong and cogent as to leave no room for any other hypothesis except the guilt of the accused.
Headnote:
{'KEYWORD': 'Murder', 'SUBJECT': 'Circumstantial Evidence', 'ACT SECTION LIST': ['Section 302 IPC'], 'SUMMARY': "The court acquitted the accused of murder charges due to insufficient circumstantial evidence. The prosecution failed to establish a clear motive, and the recovery of the murder weapon and bloodstains on the accused's clothes were deemed doubtful."}
Fact of the Case:
The accused, Giriraj Singh, was convicted of murdering his wife, Suresh Kanwar, based on circumstantial evidence. He reported his wife missing and later found her dead body with sharp-edged injuries. He alleged that his brothers had killed her due to a land dispute.
Finding of the Court:
The court found that the prosecution failed to prove the motive for the murder and that the recovery of the murder weapon and bloodstains on the accused's clothes were doubtful. The court also noted that none of the prosecution witnesses had stated that the accused had strained relations with the deceased.
Issues: 1. Whether the circumstantial evidence was sufficient to prove the accused's guilt beyond a reasonable doubt. 2. Whether the recovery of the murder weapon and bloodstains on the accused's clothes was reliable.
Ratio Decidendi: The court held that the circumstantial evidence against the accused was not sufficient to prove his guilt beyond a reasonable doubt. The court found that the prosecution had failed to establish a clear motive for the murder and that the recovery of the murder weapon and bloodstains on the accused's clothes were doubtful.
Final Decision: The court acquitted the accused of the murder charges.
JUDGMENT
1. - This criminal appeal has been filed under section 374 Cr.P.C. against the judgment dated 21.2.2004 passed by the Additional Sessions Judge (FT) No. 4, Jhalawar In Sessions Case No. 154/2003 whereby the accused - appellant has been convicted and sentenced as under:-
Under section 302 IPC : Imprisonment of life with fine of Rs. 2,000/ -, In default of payment of fine to further undergo one year's rigorous imprisonment.
2. The brief facts giving rise to the instant appeal are that the accused appellant himself submitted a written report Ex.P/21 at Police Station - Sarola Kalan on 30.6.2003 at 9.15 AM with the averments that on the last night at about 10.00 PM, after taking his meal, he went to his floor mill and slept there and his wife and two children were sleeping at home. In the morning at about 5.30 AM, he went to Roop Singh for tractor at Akawat Khurd and he returned back to his house at about 6.30 AM, he saw that the gates of the house were opened and locks were broken and belongings were scattered. He went at the terrace and found that both the children were sleeping. On enquiry, both the children started weeping. He left his children at Jagdish Gurjar's house and went to Police Station to inform about the facts that locks are broken and his wife is missing. He lodged missing report and when he returned to his village, Mangi Lal son of Ratna Bairwa informed him that the dead body of his wife is lying in the Kalam Wali Khal. Then, accused appellant with other villagers went at the spot and found that the dead body of his wife Suresh Kanwar was lying there having sharp edged injuries on her head, neck and abdomen etc. Further contention was that he was having dispute with his brothers regarding the land as they are not allowing him to cultivate the land and due to this enmity, Bhanwar Singh, Govind Singh, Banti and Gokul Singh have murdered his wife. On this report, FIR No. 123/2003 has been registered for the offence u/s 302/34 IPC. During the investigation, the accused appellant who was the complainant in the case was arrested and after the completion of investigation, charge - sheet has been filed against the present appellant and the case was committed to the Sessions Judge, Jhalawar and was transferred to the Additional Sessions Judge (FT) No. 4, Jhalawar. The Court below framed the charge against the accused appellant u/s 302 IPC. He pleaded innocence and claimed for trial.
3. To prove its case, prosecution has examined PW/1, Dr. Satyaveer Singh Rajawat, PW/2 Rekha Kanwar, PW/3 Lad Kanwar, PW/4 Bhanwar Lal, PW/5 Babu, PW/6 Sardar Singh PW/7 Jagdish, PW/8 Sobhag Singh, PW/9 Jagdish Singh, PW/10 Mangi Lal, PW/11 Mahendra, PW/12 Chhitar Singh, PW/13 Gopal, PW/14 Roop Singh, PW/15 Bhanwar Singh, PW/16 Gulab Chand, PW/17 Radha Kishan, PW/18 Shabbir Mohammad, PW/19 Janaki Lal, PW/20 Rajaram, PW/21 Pratap, PW/22 Bhojraj, PW/23 Bal Kishan, PW/24 Kalu Lal, PW/25 Kaushal Kumar, PW/26 Prem Kanwar, PW/27 Akhe Raj Singh and PW/28 Bajrang Lal and also relied on Ex. P/1 to Ex. P/31. Statement of accused appellant ha - been recorded u/s 313 Cr.P.C. No documentary or oral evidence in defence has been produced. After conclusion of the trial, the present appellant has been convicted and sentenced as stated above. Hence this appeal.
4. Contention of the appellant Is that the court below has not appreciated the fact that most of the witnesses have not supported the prosecution story and turned hostile and they have not stated anything to Implicate the present appellant. There Is no motive with the appellant to murder his wife. Recovery Is doubtful. Witnesses have stated that the Kulharl was lying with the dead body and to implicate the appellant, false recovery has been shown from the river. Only on the strength of Forensic Science Laboratory Report, he has been convicted as blood stains have been found on Kulhari and clothes of the appellant. Admittedly, the dead body was given to the appellant and he has performed last rituals
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