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2014 Supreme(Raj) 23
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
RAGHUVENDRA S. RATHORE and NARENDRA KUMAR JAIN, JJ.
SMT. SHANTI DEVI & OTHERS
VS.
STATE OF RAJASTHAN.
CRIMINAL APPEAL NO. 626/2004
Decided on: 03.01.2014
Mr. S.S. Hora, Mr. Vijay Gupta, and Mr. Anoop Dhand for the appellants.
Mr. Javed Choudhary, Public Prosecutor.
Headnote:
CRIMINAL APPEAL - [SECTION] 374 - [ACT] Cr.P.C. - [SUBJECT] CONVICTION - [KEYWORD] UNLAWFUL ASSEMBLY
Fact of the Case:
The accused-appellants were convicted by the Trial Court for the offences punishable under Sections 302, 148, 149, 323, 341 IPC. The prosecution alleged that the accused-appellants along with other accused persons had intercepted the tractor of the complainant and his brother, and inflicted injuries on them with swords, lathies, and 'Tanchiya'. As a result of the injuries, the complainant's brother died on the spot. The accused-appellants challenged the conviction on the ground that the prosecution had failed to prove their guilt beyond reasonable doubt.
Finding of the Court:
The Court found that the prosecution had failed to prove the guilt of the accused-appellants beyond reasonable doubt. The Court noted that the prosecution had made attempts to suppress material facts, evidence, genesis of the case, and object of the occurrence. The genesis of the occurrence had not been proved by the prosecution. The place of occurrence had been changed by the prosecution witnesses during the trial. An independent injured witness had not been produced by the prosecution without any explanation. All other injured witnesses were close relatives. There was a delay in the medical examination of one of the injured witnesses, which raised doubt on the prosecution story. As per the prosecution story, the deceased was an intervenor who had died in the incident. Therefore, there was no intention to murder him. There was no nexus between the common object and the offence committed in this case. No weapon had been recovered from one of the accused-appellants. The ingredients of Section 149 IPC had not been proved by the prosecution in this case.
Issues: Whether the prosecution had proved the guilt of the accused-appellants beyond reasonable doubt.
Ratio Decidendi: The Court held that the prosecution had failed to prove the guilt of the accused-appellants beyond reasonable doubt. The Court noted that the prosecution had made attempts to suppress material facts, evidence, genesis of the case, and object of the occurrence. The genesis of the occurrence had not been proved by the prosecution. The place of occurrence had been changed by the prosecution witnesses during the trial. An independent injured witness had not been produced by the prosecution without any explanation. All other injured witnesses were close relatives. There was a delay in the medical examination of one of the injured witnesses, which raised doubt on the prosecution story. As per the prosecution story, the deceased was an intervenor who had died in the incident. Therefore, there was no intention to murder him. There was no nexus between the common object and the offence committed in this case. No weapon had been recovered from one of the accused-appellants. The ingredients of Section 149 IPC had not been proved by the prosecution in this case.
Final Decision: The Court allowed the appeal, quashed and set aside the impugned judgment, and acquitted the accused-appellants of all the charges levelled against them.
N.K. JAIN, J.
Heard the learned counsel for the accused-appellants 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-appellants Smt. Shanti Devi, Smt. Seema @ Sunita and Bhawani Shankar questioning the correctness of the judgment and order dated 26.05.2004 passed by the learned Additional Sessions Judge, Dausa (hereinafter referred to 'the Trial Court') in Sessions Case No. 41/2003(State of Rajasthan Vs. Bhawani Shankar & Others), whereby the learned Trial Court, while acquitting the accused-appellants under Section 325 read with Section 149 IPC, convicted and sentenced them as under:
NAME OF ACCUSED SECTION IMPRISONMENT
(1) Smt. Shanti Devi W/o. Sh. Laxman;
(2) Smt. Seema @ Sunita W/o. Shri Shivcharan;
(3) Bhawani Shankar S/o. Shri Badri Prasad 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 ordered that in this case other accused Deendayal, Shivcharan, Kamlesh and Anita have not been arrested by the police and they are absconding and further ordered for initiation of enquiry against Dr. Parshuram Meena(D.W.2).
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-3) 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, Kailash, 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-3), FIR No. 313/2002 dated 09.06.2002(Exhibit P-5) 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. Dayawati, 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-appellants Smt. Seema @ Sunita and Smt. Shanti Devi, lathies were recovered. Postmortem of the deceased Ashok Kumar (Exhibit P-18) 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-appellants Smt. Santi Devi and Smt. Seema @ Sunita
