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2019 Supreme(Raj) 628
IN THE HIGH COURT OF RAJASTHAN
SANDEEP MEHTA, VINIT KUMAR MATHUR, JJ.
Sewa Nand Jat – Appellant
Versus
State – Respondents
D.B. Criminal Appeal No. 468 of 2016
Decided On : 01-07-2019
Advocate Appeared:
For the Appellant :S.R. Godara, Advocate
For the Respondents: Anil Joshi, P.P.
Headnote:
Penal Code,1860 – Sections 201, 302 and 364 – Offence of murder – Appeal against conviction – Whether proved beyond reasonable doubt – Judgment under challenged – Appeal – Held, Broken pieces of the bangles recovered from the vehicle of the accused-appellant were forwarded to the FSL from where a report was received that all the broken pieces were identical in respect of colour, thickness, design etc – Thus, this circumstance also points towards the complicity of the accused-appellant in the murder of his own wife – The links of incriminating circumstances which have been enumerated and discussed above form a complete unbroken chain unexceptionally and invariably pointing towards the guilt of the accused – There is no reason to doubt the same – The learned trial court was, therefore, justified in convicting the accused-appellant for the offences alleged him – The impugned judgment does not suffer from any infirmity and illegality – Appeal dismissed. (Para 18, 19 and 20)
Facts of the case:
The appellant herein has been convicted and sentenced as below vide the judgment passed by learned Addl. Sessions Judge 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 364 Ten years' RI and a fine of Rs. 2,000/-. In default of payment of fine to further undergo one month's simple imprisonment. Under Section 201 One year's RI and a fine of Rs. 1,000/-. In default of payment of fine to further undergo 15 days' simple imprisonment. All the sentences were ordered to run concurrently. Hence this Appeal.
Findings of the case:
Broken pieces of the bangles recovered from the vehicle of the accused-appellant were forwarded to the FSL from where a report was received that all the broken pieces were identical in respect of colour, thickness, design etc – Thus, this circumstance also points towards the complicity of the accused-appellant in the murder of his own wife – The links of incriminating circumstances which have been enumerated and discussed above form a complete unbroken chain unexceptionally and invariably pointing towards the guilt of the accused – There is no reason to doubt the same – The learned trial court was, therefore, justified in convicting the accused-appellant for the offences alleged him – The impugned judgment does not suffer from any infirmity and illegality.
Result: Appeal dismissed
JUDGMENT :
SANDEEP MEHTA, J.
1. The appellant herein has been convicted and sentenced as below vide the judgment dated 26.04.2016 passed by learned Addl. Sessions Judge Anoopgarh in Sessions Case No. 08/2009:-
| 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 364 | Ten years' RI and a fine of Rs. 2,000/-. In default of payment of fine to further undergo one month's simple imprisonment. |
| Under Section 201 | One year's RI and a fine of Rs. 1,000/-. In default of payment of fine to further undergo 15 days' simple imprisonment. |
| (All the sentences were ordered to run concurrently.) | |
2. Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.
3. Brief facts relevant and essential for disposal of the instant appeal are noted here in below:-
The SHO PS Anoopgarh received a telephonic information on 04.01.2009 that a dead body of a woman was lying at Khokhrawali Road. Shri Kashiram ASI was sent to the place of incident where Ramswarup, Sarpanch submitted a written report (Ex. P/1). The ASI undertook the requisite inquest proceedings and returned to the Police Station where Marg Report No. 01/2009 was registered under Section 174 CrPC. The inquest proceedings were concluded and the report was presented before the SDM concerned. During the inquiry conducted by the SDM, the dead body identified to be of Smt. Bhagwanti, was handed over to her maternals for cremation. Omprakash (PW. 2), uncle of the deceased lodged a written report (Ex. P/17) to the SHO PS Anoopgarh alleging inter alia that his niece Bhagwanti D/o Amarchand was married to Sewa Nand (appellant herein). She had gone out of house on 03.01.2009 at 9:30 p.m. to attend the call of nature. Thereafter, she did not return. She was carrying a mobile phone No. 9649051955 with her. Omprakash alleged that search was made for Bhagwanti in the night but she could not be traced out. In the morning of 4th January at about 10:00 am, they received an information that a female dead body was lying on the Khokhrawali Road. They went there and came to know that the dead body was of Bhagwanti, who had been murdered by some unknown persons. Bhagwanti was married to Sewa Nand and she was carrying a pregnancy of nine months and had come to the maternal home 8-9 days earlier. Numerous marks of violence were clearly visible on the dead body. Bhagwanti's mother Smt. Kamla told him that the accused-appellant Sewa Nand had called Bhagwanti at 9:30 p.m. whereafter she went out of the house. On the basis of this report, an FIR No. 06/2009 was registered at the Police Station Anoopgarh for the offences under Sections 302 & 201 IPC and investigation was commenced. The Investigating Officer Kashiram (PW. 16) recorded the statements of the concerned witnesses. Broken bangles and footwear of the deceased Bhagwanti, her ornaments and blood stained soil etc. were collected from and nearby the body. The deceased was nine months' pregnant and a dead child was born from her womb, the panchnama whereof was also prepared.
4. The accused-appellant was arrested on 07.01.2009. In furtherance of the information provided by the accused under Section 27 of the Indian Evidence Act, the Investigating Officer Kashiram (PW. 16) claims to have recovered broken pieces of bangles belonging to the deceased from the vehicle of the accused-appellant. The mobile phone owned by the deceased was also recovered from inside of a septic tank upon being pointed out by the accused-appellant in furtherance of the information given by him to the Investigating Officer under Section 27 of the Evidence Act (Ex. P/45). The witness Pradeep Kumar (PW.8) gave evidence of having seen the deceased lastly in the company of the accused
