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2019 Supreme(Raj) 481
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, ABHAY CHATURVEDI, JJ.
Kheema Ram @ Kheema S/o Shri Kera Ram – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal No. 499 of 2015
Decided On : 23-05-2019
Advocate Appeared:
For the Appellants : Mr. Dhirendra Singh, Mr. Rajiv Bishnoi.
For the Respondent: Mr. N.S. Bhati.
The court held that circumstantial evidence must be carefully scrutinized and must be of such a nature that it leads to an inference of guilt beyond a reasonable doubt.
Headnote:
CRIMINAL APPEAL - CONVICTION FOR MURDER, KIDNAPPING, AND DESTRUCTION OF EVIDENCE - EVIDENCE OF LAST SEEN AND CALL DETAIL RECORDS - RELIABILITY AND SUFFICIENCY - INTERPRETATION OF CIRCUMSTANTIAL EVIDENCE - SECTION 302, 366, AND 201 IPC.
Fact of the Case:
The appellant was convicted of murder, kidnapping, and destruction of evidence. The prosecution's case was based on the evidence of last seen witnesses and call detail records. The appellant challenged the conviction, arguing that the evidence was unreliable and insufficient.
Finding of the Court:
The court found that the evidence of last seen witnesses was unreliable and unbelievable. The court also found that the call detail records were not properly authenticated and could not be used to establish the appellant's guilt. The court further found that the prosecution had failed to prove that the appellant had administered poison to the deceased.
Issues: 1. Whether the evidence of last seen witnesses was reliable and sufficient to establish the appellant's guilt. 2. Whether the call detail records were properly authenticated and could be used to establish the appellant's guilt. 3. Whether the prosecution had proved that the appellant had administered poison to the deceased.
Ratio Decidendi: 1. The court held that the evidence of last seen witnesses was unreliable and unbelievable because the witnesses had not disclosed their knowledge of the incident to the police or to the first informant immediately after the incident. 2. The court held that the call detail records were not properly authenticated because the prosecution had not proved that the mobile phones of which the call details were procured were in the use of either the deceased or the appellant. 3. The court held that the prosecution had failed to prove that the appellant had administered poison to the deceased because there were no injuries on the deceased's body that would indicate that she had been forcibly administered poison.
Final Decision: The court allowed the appeal, set aside the conviction, and acquitted the appellant.
SANDEEP MEHTA, J.
1. The appellant herein has been convicted and sentenced as below vide the judgment dated 18.05.2015 passed by learned Addl. Sessions Judge, Bali District Pali in Sessions Case No. 2/2011:-
Under Section 302
Life Imprisonment and a fine of Rs. 5,000/-. In default of payment of fine to further undergo 6 months’ simple imprisonment.
Under Section 366
Five years’ RI and a fine of Rs. 3,000/-. In default of payment of fine to further undergo four months’ simple imprisonment.
Under Section 201
Five years’ RI and a fine of Rs. 2,000/-. In default of payment of fine to further undergo two months’ simple imprisonment.
All the sentences were ordered to run concurrently.
2. Being aggrieved of his conviction and sentences, the appellant has preferred this appeal under Section 374 Cr.PC.
3. Brief facts relevant and essential for disposal of the instant appeal are noted herein-below.
4. Shri Ramaram S/o Shri Khetaji, R/o Village Neepal, PS Desuri District Pali lodged a missing person report (Ex.P/17) to the SHO PS Desuri on 05.10.2010 alleging inter alia that his daughter Smt. Geeta had been married to Amra Ram Choudhary, resident of Village Barod. Two months earlier, she had come to his house for delivery because she was pregnant. She gave birth to a female child about 20-21 days earlier. On 04.10.2010, he and his family members had gone to the field and Smt. Geeta was at the house with her child. He returned home in the evening on which his mother-in-law told him that Geeta had gone out of the house at about 12 to 1 O’clock saying that she was going to the fields but she did not return home. Ramaram made inquiries with his relatives and in the neighbourhood but he could not get a trace of Smt. Geeta. Smt. Geeta was wearing a Ghaghra, blouse and red coloured Chundari and a few ornaments as well. He alleged that Smt. Geeta was having a mobile (No. 9680616811 ) which she had carried with her while going out of the house. On the basis of this report, a Missing Person Report No. 10 (hereinafter referred to as ‘MPR’) was registered at the Police Station Desuri and search was initiated for the whereabouts of the missing girl.
5. Shri Ramaram lodged a second written report (Ex.P/16) to the SHO PS Desuri on 09.10.2010 alleging inter alia that his daughter had come to his house for the purpose of her delivery. In addition to the allegations set out in the Missing Person Report No. 10, he also alleged that he came to know in the intervening period that his daughter Smt. Geeta had been offered allurement by the accused-appellant Kheema Ram with the intention of marrying her. He alleged that the accused-appellant had taken away his daughter Smt. Geeta in his maruti car (No. MH 12 P 3529) and that Moolaram, Nainaram and Megharam Choudhary had seen him taking her away. This report was treated to be an FIR and a formal report No. 100/10 (Ex.P/57) was registered at the Police Station Desuri against the accused-appellant for the offence under Section 366 IPC. The statements of aforenamed witnesses i.e., namely Moolaram, Nenaram and Megharam Choudhary who claimed to have seen the deceased Smt. Geeta being taken away by the accused appellant in his maruti car and one Ummed Singh were recorded by the IO under Section 161 Cr.P.C. in the following order:-
S. No.
Name of witness
Date of recording of Statement
1.
Nenaram
09.10.2010
2.
Megharam Choudhary
09.10.2010
3.
Moolaram
12.10.2010
4.
Ummed Singh
19.10.2010
6. It is alleged that the dead body of an unidentified female was recovered near village Por, PS Varnama District Baroda on 09.10.2010 and the same was subjected to post-mortem and the visceras were forwarded to the FSL Baroda. Shri Ratan Singh (P
