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2017 Supreme(Raj) 1259

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA, JJ.
Kailash Chand son of Shri Megharam - Appellants
Versus
The State of Rajasthan through the P.P. - Respondent
D.B. Criminal Appeal No. 143 of 2009
Decided on : 30-10-2017

Advocates:
Advocate Appeared:
For the Appellant : Mr. Biri Singh Sinsinwar, Senior Counsel, assisted by Mr. Rajesh Choudhary
For the Respondent: Mr. R.S. Raghav, Public Prosecutor, Mr. Amit Singh Shekhawat with Mr. Puneet Saini, counsel

Headnote:

Code of Criminal Procedure, 1973 - Section 374(2) - Indian Penal Code, 1860 - Sections 302, 342, 404, 201 and 120-B – Criminal Trial – Conviction – Acquittal - Evidence - Police Station, received a telephonic message, to the effect where they found a dead body of unknown person lying ten feet away from the road - Cause of death was opined to be strangulation – all accused was arrested from different places – Held, As the evidence on record against them falls short of proving their guilt beyond reasonable doubt, thus, entitling them to benefit of doubt. Impugned judgment passed by the trial court qua them is set aside and they are acquitted of the charges under IPC - Accused No2 and 4 respectively are in jail and be set at liberty forthwith if not required to be detained in any other case - Keeping, however, in view the provisions of Section 437-A of the Code of Criminal Procedure, accused No 2 and 4 are directed to forthwith furnish a personal bond in the sum and a surety bond in the like amount, before the Deputy Registrar (Judicial) of this Court, which shall be effective for a period of months, undertaking that in the event of Special – Ordered accordingly

Judgment

Mohammad Rafiq, J.

1. This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure (for short, ‘the Cr.P.C.’), on behalf of four accused-appellants, namely, (1) Kailash Chand S/o Shri Megharam, (2) Megharam S/o Shri Kesharam, (3) Smt. Bhanwari Devi W/o Shri Vidyadhar and (4) Smt. Manju Devi W/o Shri Mukesh Kumar, challenges the judgment and order dated 24.01.2009 of the Court of Additional District & Sessions Judge, Fast Track, Sikar, in Sessions Case No.50/2008, whereby the learned trial court has convicted and sentenced the accused-appellants as follows:-      

Accused-appellants

Conviction under Section

Sentence

(1) Kailash Chand S/o Shri Megharam, (2) Megharam S/o Shri Kesharam, (3) Smt. Bhanwari Devi W/o Shri Vidyadhar and (4) Smt. Manju Devi W/o Shri Mukesh Kumar,

302/34 IPC

Each to undergo life imprisonment with fine of Rs.5,000/- each; in default of payment of fine, each to further undergo six months’ additional simple imprisonment

 

342 IPC

Each to undergo six months’ simple imprisonment with fine of Rs.500/-; in default of payment of fine, each to further undergo one month’s additional simple imprisonment

 

201 IPC

Each to undergo three months’ rigorous imprisonment with fine of Rs.1000/-; in default of payment of fine, each to further undergo three months’ additional simple imprisonment

2. Briefly stated the facts of the case are that one Mahaveer Singh (PW-27), the then S.H.O., Police Station Laxmangarh, received a telephonic message, which was entered in the ‘rojnamcha’ report (Exhibit P-42A) on 11.11.2007 at 8:00 AM, to the effect that one dead body was lying near Government Secondary School, Ghassu. On receipt thereof, Mahaveer Singh (PW-27), accompanied by other police personnel, reached near the Government Secondary School, Ghassu, on National Highway No.11, where they found a dead body of unknown person lying ten feet away from the road. After that, Mahaveer Singh (PW-27) sent a report (Exhibit P-43) to the Police Station through Constable Sheeshram (PW-9). On the basis of the said report, the police registered F.I.R. No.313/2007 for offence under Sections 302 and 201 of the Indian Penal Code (for short, ‘the IPC’) with Police Station Laxmangarh, and commenced investigation. The police prepared ‘panchnama’ on 11.11.2007 at 12:50 PM vide Exhibit P- 12 as also site plan (Exhibit P-11). One ‘rajai khol’ (quilt cover) was also found there. Bahadur Singh (PW-5), Nemichand (PW-6), Sarwan Singh (PW-7) and Banwari (PW-8) were the attesting witnesses of ‘panchnama’ and the site plan. The postmortem was conducted on the body of the deceased at 11:30 AM on 13.11.2007 vide Exhibit P-19 by the Medical Board consisting of Dr. Devendra Dadhich (PW-13) and Dr. Gangadhar Thalod (PW- 14), wherein the cause of death was opined to be strangulation. After the postmortem, clothes of the deceased were seized vide Exhibit P-15 in presence of attesting witnesses, namely, constable Pyarelal (PW-8) and constable Sheeshram (PW-9). Dead body of the deceased was identified by Nihal Singh, Smt. Manju and Hardayal on 14.11.2007. The accused-appellant Kailash was arrested on 17.11.2007 vide Exhibit P-25, accused-appellant Smt. Bhanwari was arrested vide Exhibit P-46, accused-appellant Smt. Manju was arrested vide Exhibit P-47 and accused-appellant Megharam was arrested vide Exhibit P-27 from different places. After completion of investigation, the police filed chargesheet for offence under Sections 302, 342, 404, 201 and 120-B IPC. Charges were framed for offence under Section 302, in alternative Section 302/34, and also under Sections 342, 201, 404 and 120-B of the IPC. The accused denied the charges and claimed to be tried. The prosecution produced as many as 31 witnesses and exhibited documents from Exhibit P-1 to Exhibit P- 71A in support




















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