IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA, JJ.
Vandana Parihar (Vyas), Wife of Shri Kapil Parihar - Appellant
Versus
State of Rajasthan through Public Prosecutor - Respondent
D.B. Criminal Appeal No. 65, 265, 236 of 2016
Decided On : 04-07-2017
Evidence Act - Section 25 – Criminal Procedure Code,1973 - Section 313 – Indian Panel Code,1860 - Section 302/120-B –Appeal against Conviction - Offence of Murder - Women Atrocities Cases - Testimony - Guilt of accused – Appeal are directed against common judgment were heard together and are being decided by this common judgment appeals have been filed by appellants challenging aforesaid judgment whereby each of them has been convicted for offence Indian Panel Code simplicitor and sentenced to life imprisonment with fine in default whereof they were to further undergo one years rigorous imprisonment convicted – Case as emerging from record are that a missing person report was lodged by one with Police Station Bajaj Nagar alleging therein that his younger brother aged years had gone to city area along with his nephew on that day for purchasing certain goods in connection with his business – Held, Judgment are not only distinctly proved but cumulatively they also form a chain so complete consistent with hypothesis of guilt of accused - Those are not compatible with innocence of accused-appellants and point to their guilt because each of so proved are of conclusive nature and excludes every possible hypothesis except one sought to be proved - Chain of proved against appellants is so complete as not to leave any reasonable doubt consistent with their innocence so proved clearly show that in all probabilities murder of must have been committed by accused-appellants - It is trite that if accused fails to explain incriminating circumstances put to him/her during examination this by itself may be a against him to supply missing link if at all any in chain – Appeal Dismissed
Mohammad Rafiq, J.
1. Since all these appeals are directed against the common judgment dated 21.12.2015 passed by Additional Sessions Judge, Women Atrocities Cases, No. 1, Jaipur Metropolitan (for short ‘the trial court’), they were heard together and are being decided by this common judgment.
2. These three appeals have been filed by the appellants Vandana Parihar, Anoop Sharma and Bajrang Lal, challenging aforesaid judgment whereby each of the them has been convicted for offence under Section 302 IPC simplicitor and sentenced to life imprisonment with fine of Rs. 1,00,000/-, in default whereof, they were to further undergo one year’s rigorous imprisonment; convicted under Section 302/120-B IPC and sentenced to life imprisonment with fine of Rs. 1,00,000/-, in default whereof, they were to further undergo one year’s rigorous imprisonment; convicted for offence under Section 201 IPC and sentenced to seven years’ rigorous imprisonment with fine of Rs. 10,000/-, in default whereof, they were to further undergo two months’ rigorous imprisonment. Apart from above, the trial court has also additionally convicted accused-appellant Anoop Sharma for offence under Section 3/25 Arms Act and sentenced him to three years’ rigorous imprisonment and fine of Rs. 10,000/-, in default whereof, he was to further undergo two months’ rigorous imprisonment. All the sentences were ordered to run concurrently.
3. Facts of the case, as emerging from the record, are that a missing person report no. 7/2009 was lodged by one Dr. Krishan Kumar Mangal with Police Station Bajaj Nagar, Jaipur (Exhibit P-1) on 21.05.2009 alleging therein that his younger brother Mukesh Kumar Mangal @ Billu, aged 38 years, had gone to Jaipur city area along with his nephew Raghav Mangal in between 4.30 P.M. and 6.30 P.M. on that day for purchasing certain goods in connection with his business. During this period, he received certain phone calls and was heard saying to someone that he (Mukesh) would be soon coming to him. Then, he dropped his nephew Raghav with goods at his residence and went on the motor cycle saying that he would return back after sometime. He has however not returned yet. Despite all the efforts made by the informant and enquiries made by him from different places, friends, relatives, whereabouts of his younger brother, whose mobile number was mentioned in the report, could not be ascertained. It was also mentioned that last telephonic conversation with him took place at about 9.30 P.M. on his mobile phone.
4. That after the enquiry was made into the aforementioned missing person report, Ravindra Kumar, S.H.O., Police Station Bajaj Nagar, Jaipur submitted a written report (Exhibit P-75) to S.H.O., Police Station Jyoti Nagar, Jaipur on 21.05.2009 at 11.55 P.M. Therein, it was contended that when call details of mobile phone of Mukesh Kumar Mangal no. 9414204583 were obtained, it transpired that he received call from mobile phone no. 9950603918 at 5.38 P.M. and thereafter at 6.34 P.M. and then he talked from his mobile to someone on mobile no. 9950603918 and thereafter, he received calls from mobile no. 9950603918 at 6.37 and 6.40 P.M. and thereafter again talked on the aforesaid mobile at 7.08 and 7.14 P.M. Mukesh Mangal talked from his mobile no. 9414204583 at about 9.08 P.M. with someone on mobile phone no. 9829095759, which phone was later discovered to be that of Anoop Sharma. Last call made by Mukesh Mangal from his mobile was to mobile no. 9929709997 at 9.25 P.M. When Dr. K.K. Mangal called on the aforesaid phone number, one lady named Vandana Vyas, who picked up the phone, spoke but later she disconnected the phone. Since these three phone numbers 9950603918, 9829095759 and 9929709997 were suspected, their call details were obtained, upon which it transpired that first cell phone number was of Bajrang Lal son of Shri Mohan Lal resident of 138, Jato Ka Mohalla, Tejia Ka Was, Phulera, Jaipur. Babu Lal, ASI along with Constable Gyan Chand went to P
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