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2019 Supreme(Raj) 217

IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
SANDEEP MEHTA, VINIT KUMAR MATHUR, JJ.
Madan Lal and Ors. - Appellants
Vs.
State - Respondent
D.B. Criminal Appeal Nos. 415, 600 of 2015 and 82 of 2016
Decided On : 11-04-2019

Advocates:
Advocate Appeared:
For the Appellants : Vineet Jain, R.K. Charan, Kalu Ram Bhati.
For the Respondent: C.S. Ojha.

Headnote:

Criminal Procedure Coe, 1973 – Section 374(2) – Penal Code,1860 – Section 302, 380 and 460 – Appeal against Conviction – Murder – Robbery – Prove guilt or not – Challenging Order – Held, Law is well settled by a catena of judgments that in cases of circumstantial evidence, prosecution is required to prove every link by convincing, admissible and substantive evidence so as to form a complete chain of circumstances unexceptionally establishing guilt of accused – Even if one link in chain is snapped, broken chain of circumstances cannot be considered sufficient to hold an accused guilty for charge of murder – Evidence of Investigating Officer is sufficient to prove that huge caches of ornaments was recovered from each of accused from their respective premises in furtherance of informations provided by them to Investigating Officer – There is no evidence either direct or circumstantial on record to prove that robbery and murder form parts of one transaction – Thus, only circumstance of recovery of ornaments remains in vogue against accused, who neither claimed ornaments to be their own nor did they offer any explanation for possession thereof –Appeals deserve to be and is hereby accepted in part – Impugned judgment passed by learned Additional Sessions Judge set aside – Accused acquitted of charges for offences under Sections 302 and Section 460 I.P.C. and instead, they are convicted for offence under Section 380 I.P.C – Appeal partly allowed (Para 25, 26 and 27)

Facts of the case:

The accused appellants have been convicted and sentenced the judgment passed by learned Additional Sessions Judge Challenged.

Findings of the case:

Law is well settled by a catena of judgments that in cases of circumstantial evidence, prosecution is required to prove every link by convincing, admissible and substantive evidence so as to form a complete chain of circumstances unexceptionally establishing guilt of accused – Even if one link in chain is snapped, broken chain of circumstances cannot be considered sufficient to hold an accused guilty for charge of murder – Evidence of Investigating Officer is sufficient to prove that huge caches of ornaments was recovered from each of accused from their respective premises in furtherance of informations provided by them to Investigating Officer – There is no evidence either direct or circumstantial on record to prove that robbery and murder form parts of one transaction – Thus, only circumstance of recovery of ornaments remains in vogue against accused, who neither claimed ornaments to be their own nor did they offer any explanation for possession thereof –Appeals deserve to be and is hereby accepted in part – Impugned judgment passed by learned Additional Sessions Judge set aside – Accused acquitted of charges for offences under Sections 302 and Section 460 I.P.C. and instead, they are convicted for offence under Section 380 I.P.C

Result: Appeal partly allowed

JUDGMENT :

SANDEEP MEHTA, J.

1. The accused appellants Madan Lal, Shiv Lal, Samundar Lai and Mahendra have been convicted and sentenced as below vide the judgment dated 31.3.2015 passed by learned Additional Sessions Judge No. 1, Bhilwara in Sessions Case No. 20/2012:

For offence under Section 302 read with 34 I.P.C.

Imprisonment for Life with a fine of Rs. 5000/- each

In default of payment of fine, to further undergo Six months Rigorous Imprisonment

For offence under Section 460 I.P.C.

10 Years’ Rigorous Imprisonment with a fine of Rs. 5000/- each

In default of payment of fine, to further undergo six months Rigorous Imprisonment

Substantive sentence have been ordered to run concurrently.

2. They have preferred these three separate appeals under Section 374(2) Cr.P.C. for assailing their conviction.

3. Since all the three appeals are directed against a common judgment, the same are being heard and decided together.

4. Facts in brief are that Prakash Chandra Dangi P.W.1 lodged a report at the Police Station Raipur, District Bhilwara alleging inter-alia that his uncle Gehrilal Jain resided alone in the village Bagad. He was a moneylender involved in the business of advancing loans to the villagers by keeping their ornaments and other valuables pledged. On 15.12.2011 at about 9 AM, Prakash Chandra was informed by one Gheesu Pokharna that his uncle was not opening the door of the house and that he should come and search there. He reached the village at about 10 AM and found that the villagers had gathered outside his uncle’s house. He peeked through the crevice of the door and saw his uncle lying prone on the floor and was not responding to the calls. Information was sent to the Police Station Raipur upon which, the Police officials came and forced the gate open whereupon, it was found that his uncle’s hands and legs were tied up with a turban; his body was covered with a shawl and his mouth was gagged with a muffler. The safe box lying in the room had been broken open and the ornaments stored therein had been looted. He alleged that his uncle had been murdered by unknown persons who had looted the pledged valuables/ornaments the list whereof, he proposed to submit later on. On the basis of this report, an F.I.R. No. 108/2011 was registered at the Police Station Raipur District Bhilwara for the offences under Sections 460 and 302 I.P.C. and investigation was commenced. The accused-appellants were arrested and it is alleged that recoveries of a large number of ornaments was made in furtherance of the informations provided by them to the Investigating Officer under Section 27 of the Evidence Act.

5. Finally, after completion of investigation, a charge-sheet came to be filed against the accused appellants in the court of the Magistrate concerned for the offences under Sections 302 and 460 I.P.C. As the offences were triable by Sessions, the case was committed to the court of the Sessions Judge, Bhilwara from where, the same was transferred for trial to the court of the learned Additional Sessions Judge No. 1, Bhilwara.

6. The trial court framed charges against the accused appellants for the above-mentioned offences. They pleaded not guilty and claimed trial. The prosecution examined as many as 44 witnesses and got 84 documents exhibited in support of its case. When questioned under Section 313 Cr.P.C. and upon being confronted with the circumstances appearing against them in the prosecution evidence, the accused refuted the same and claimed to have been falsely implicated. Two documents were exhibited but no oral evidence was led in defence.

7. Upon conclusion of the trial; after hearing the arguments advanced by the defence and the prosecution and appreciating the evidence available on record, the trial court proceeded to convict and sentence the appellants as above. Hence, these appeals.

8. Since t




























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