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2014 Supreme(Raj) 15
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
RAGHUVENDRA S. RATHORE and NARENDRA KUMAR JAIN, JJ.
VIJENDRA
VS.
STATE OF RAJASTHAN.
CRIMINAL APPEAL NO. 1020/2007
Decided on: 03.01.2014
Mr. Suresh Sahni, Mr. R.M. Sharma, for the appellant.
Mr. Javed Choudhary, Public Prosecutor.
Headnote:
CRIMINAL APPEAL - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]
Fact of the Case:
The appellant was convicted by the trial court for the offences punishable under Sections 302/149, 326/149, 323/149, 147, 148, 341 IPC. The prosecution alleged that the appellant along with other accused persons had attacked the complainant party with swords, lathies, and other weapons, resulting in the death of one person and injuries to others. The appellant denied the charges and claimed that he was falsely implicated in the case.
Finding of the Court:
The court found that the prosecution had failed to prove the guilt of the appellant beyond reasonable doubt. The court noted that there were material omissions, contradictions, and improvements in the statements of prosecution witnesses, which knocked the bottom out of the evidence. The court also found that the prosecution had withheld material witnesses and that the evidence of close relatives and interested witnesses could not be relied upon without independent evidence.
Issues: 1. Whether the prosecution had proved the guilt of the appellant beyond reasonable doubt? 2. Whether the trial court had erred in convicting the appellant based on the testimonies of unreliable witnesses? 3. Whether the prosecution had withheld material witnesses?
Ratio Decidendi: 1. The prosecution had failed to prove the guilt of the appellant beyond reasonable doubt. 2. The trial court had erred in convicting the appellant based on the testimonies of unreliable witnesses. 3. The prosecution had withheld material witnesses.
Final Decision: The appeal was allowed, and the impugned judgment and order passed by the trial court were quashed and set aside. The appellant was acquitted of all the charges levelled against him.
N.K. JAIN, J.
Heard the learned counsel for the accused-appellant as well as the learned Public Prosecutor for the State.
2. Instant appeal, under Section 374 Cr.P.C., has been preferred by the accused-appellant Vijendra questioning the correctness of the judgment and order dated 29.03.2007 passed by the learned Additional Sessions Judge, Dausa(hereinafter referred to as 'the Trial Court') in Sessions Case No. 62/2004(State of Rajasthan Vs. Vijendra), whereby the learned Trial Court, while acquitting the accused-appellant under Section 325 read with Section 149 IPC, convicted and sentenced him as under:
NAME OF ACCUSED SECTION IMPRISONMENT
Vijendra S/o. Shri Laxman Lal 147 IPC To undergo six months rigorous imprisonment with fine of Rs. 200/-, in default of payment of fine to further undergo 15 days additional rigorous imprisonment.
148 IPC To undergo one year's rigorous imprisonment with fine of Rs. 200/-, in default of payment of fine to further undergo one month's additional rigorous imprisonment.
341 IPC To undergo one month's rigorous imprisonment.
323/149 IPC To undergo six months rigorous imprisonment with fine of Rs. 200/-, in default of payment of fine to further undergo 15 days additional rigorous imprisonment.
326/149 IPC To undergo three years rigorous imprisonment with fine of Rs. 500/-, in default of payment of fine to further undergo one month's additional rigorous imprisonment.
302/149 IPC To undergo rigorous imprisonment for life with fine of Rs. 2,000/-, in default of payment of fine to further undergo two months additional rigorous imprisonment.
All the sentences were ordered to run concurrently. Learned Trial Court has also observed that in this case other accused Deendayal, Shivcharan, Kamlesh and Anita have not been arrested by the police and they are absconding.
3. In brief, the facts of the case are that on 09.06.2002, at about 9.00 P.M., complainant Surendra Kumar Sharma S/o. Hanuman Prasad R/o. Bandikui Jagir had submitted a written report(Exhibit P-19) stating therein that he along with his brother Ashok(deceased), Mahendra(P.W.7), his Bhabhi Dayawati(P.W.10) and Rampal Guard was coming from fields at about 8.00 P.M. On the way, their tractor was intercepted by Deendayal, Shivcharan, Kamlesh, Vijendra, Trilok, Bhawani Shankar, Shanti, Sunita and wife of Kamlesh. Mahendra was hit by sword by Deendayal and when Ashok came to intervene, he was also inflicted injury by sword. Shivcharan and Kamlesh were injured by Barchhiya, Vijendra, Bhawani Shankar and Trilok by 'Tanchiya'. Shanti, Sunita and Kamlesh's wife inflicted injuries by lathies. They caused grievous injuries to Ashok, as a result of which, he died on the spot. The informant, Surendra, Rampal and his Bhabhi sustained injuries.
4. On the basis of aforesaid written report(Exhibit P-19), FIR No. 313/2002 dated 09.06.2002(Exhibit P-21) was registered against nine persons for commission of offences punishable under Sections 302, 148, 149, 323, 341 IPC. During the course of investigation, the Investigating Officer prepared the relevant memos, inquest report, site plan, took sample of blood stained soil from the spot and collected other incriminating articles. Injured Smt. Dayawanti, Mahendra Kumar, Surendra Kumar and Rampal Guard were got medically examined. Statements of the witnesses were recorded by the Investigating Officer. On the information received from accused-appellant Smt. Seema @ Sunita and Smt. Shanti Devi, lathies were recovered. Postmortem of the deceased Ashok Kumar(Exhibit P-31) was got conducted and the report was taken on record.
5. After due investigation, charge sheet was filed on 02.09.2002 against the accused-appellant Bhawani Shankar for the offences under Sections 147, 148, 149, 341, 323, 325, 326, 302 IPC. Thereafter on 09.12.2002, supplementary(Titamba) Charge Sheet was filed against the accused-appellant Smt. Santi Devi and Smt. Seema @ Sunita for the offences under Sections 147, 148, 149, 341, 323, 325, 326, 302
