Back
2016 Supreme(Raj) 390
IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Kanwaljit Singh Ahluwalia and Prakash Gupta, JJ.
Tarun Chaturvedi son of Dilip Kumar - Appellant
Versus
State of Rajasthan through P.P. - Respondent
D.B. Criminal Appeal No. 301 of 2011(Sessions Case No.102 of 2009)
Decided On : 28-1-2016.
For the Appellant : Mr. D.K. Dixit, Counsel.
For the Complainant : Mr. Pankaj Gupta, Counsel.
For the State : Mrs. Sonia Shandilya, Public Prosecutor.
Headnote:
Criminal Procedure Code , 1973 - Section 437 – Indian Procedure Code , 1860 - Indian Evidence Act - Section 25 - Section 65-B - Arms Act - Section 3/25 - Life imprisonment - Present appellant, was apprehended on next day of alleged occurrence - Other accused absconded. Co-accused was apprehended whereas another co-accused were arrested respectively - In present case, two separate trials were conducted - One against accused and another against three co-accused - Present appellant was convicted for offence punishable by Court of Additional District & Sessions Judge and was sentenced to undergo life imprisonment - Accused in order to challenge his conviction and sentence has instituted present appeal before this Court – Held , Once we discard interrogation note and list of call details, being inadmissible evidence, then except motive and threats extended by appellant, there remain no evidence on record to connect present appellant with co-accused, a person who actually fired shots upon injured - Thus, prosecution has miserably failed to connect present appellant with person, who had actually fired and, thus, Court cannot assume that present appellant may have engaged assailants - Consequently, for lack of evidence,Court are constrained to accept present appeal - Thus, as a matter of abundant caution, Court extend benefit of doubt to present respondent - Consequently, Court accept present appeal by setting aside judgment of conviction and order of sentence passed by trial Court and acquit appellant of charges - However, in view provisions, appellant is direct to forthwith furnish a personal bond in sum of Rs.20,000/- and a surety bond in like amount, before trial Court - Bonds, so furnished shall be effective for a period of six-months - Bonds shall contain an undertaking that in event of filing of Special Leave Petition against judgment or on grant of leave, appellant, on receipt of notice thereof, shall appear before Honble Apex Court - Appeal allowed
Ahluwalia, J.
In the instant case, on 22nd of January, 2009 at around 04:00 P.M. near Tehsil Department, Opposite Electricity Department, indiscriminate shots were fired on the person of Chandraprakash Gaira @ Kaju son of Ramesh Chand (PW-2). The said shots were fired by two persons.
2. Case of the prosecution, in nut-shell, is that two assailants had acted in conspiracy with accused, namely (i) Tarun Chaturvedi, (ii) Raju Tantia @ Vijay Singh, (iii) Amit Jain and (iv) Manak @ Gopalkrishna respectively.
3. Present appellant, namely Tarun Chaturvedi was apprehended on the next day of alleged occurrence i.e. on 23.01.2009. Other accused absconded. Co-accused – Om @ Omprakash was apprehended on 12.12.2011, whereas another co-accused Amit Jain and Raju Tantia @ Vijay Singh were arrested on 29.11.2010 & 30.03.2012 respectively.
4. In the present case, two separate trials were conducted. One against accused - Tarun Chaturvedi and another against three co-accused, namely (i) Amit Jain, (ii) Raju Tantia @ Vijay Singh and (iii) Om @ Omprakash.
5. Present appellant - Tarun Chaturvedi was convicted for offence punishable under Section 307 read with Section 120-B I.P.C. on 27.01.2011 by the Court of Additional District & Sessions Judge, (Fast Track), Chhabra, District Baran and was sentenced to undergo life imprisonment. Accused - Tarun Chaturvedi in order to challenge his conviction and sentence has instituted present appeal i.e. D.B. Criminal Appeal No.301/2011 before this Court.
6. The Court of Additional Sessions Judge, Chhabra rendered another judgment dated 01.10.2013, whereby co-accused - Amit Jain, Vijay Singh @ Raju Tantia were acquitted, but Om @ Omprakash was held guilty for commission of offence punishable under Section 307 read with Section 120-B I.P.C. and was sentenced to undergo life imprisonment and to pay a fine of Rs.2000/-. In default of payment of fine to further undergo two months additional rigorous imprisonment.
7. Co-accused - Om @ Omprakash aggrieved against conviction and sentence has preferred another appeal i.e. D.B. Criminal Appeal No.859/2013.
Since two separate trials were conducted and two different judgments were delivered, therefore, we shall decide both the appeals before us separately, but simultaneously.
8. Jogdhyan (PW-1) had presented a written-report (Exhibit-P/6) before Station House Officer, Police Station, Chhabra, District Baran, on the basis of which a formal First Information Report (Exhibit-P/24) was registered.
9. The written-report (Exhibit-P/6), when translated into English reads as under :-
To,
The Station House Officer,
Police Station, Chhabra
District Baran
Subject : Regarding lodging of the report.
Sir,
In the context of above noted subject, it is submit that I am resident of Village Chhabra. My cousin (son of uncle) Chandraprakash Gaira @ Kaju s/o Ramesh Chandra Gaira is journalist in the Dainik Bhaskar. He is having a shop of Maruti Property Dealer also in front of Tehsil Department. Today at around 04:00 P.M. Chandraprakash @ Kaju on motorcycle from his house came towards shop. At that time, two unidentified persons came on motorcycle in front of the shop of Chandraprakash @ Kaju. Immediately, on arrival at common passage, said unidentified two persons fired indiscriminate shots at Chandraprakash @ Kaju. The shots hit Chandraprakash @ Kaju on right side of abdomen, right shoulder and mouth. Kaju fell at the spot. I, along with Balbahadur @ Pappu Meena, Deepak and Sanjay Gaira immediately on motorcycle brought him to Chhabra Hospital. From where, he has been referred for treatment at Kota. The assailants, after firing shots, ran away from the spot. I and Sanjay can identify assailants. Occurrence has also been witnessed by the persons standing near shop of Kaju."
10. On the basis of above said written-report (Exhibit-P/6), a formal First Information Report (Exhibit-P/24) was registered for offences punishable under Sections 307/34 I.P.C. and under Section 3/25 of the Arms Act.
11. Injured -
