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2019 Supreme(Raj) 1375
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta and Vinit Kumar Mathur, JJ.
Jagdish - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 304 of 2013
Decided On : 20-02-2019
Mridul Jain, Adv., Vishnu Kachhwaha, Adv.
Headnote:
Indian Penal Code, 1860 - Sections 302, 397 & 201 – Criminal Produce Code, 1973 - Section 437-A - Criminal Trial - Offence of Murder – Appeal against conviction – Pw-1 Alleged that he was engaged with Jaipur Golden Transport to drive its Truck Trailer - Sarabjeet being owner of said vehicle had assigned another Truck Trailer to his brother Sahun - One Rahish was co-driver with Sahun - First informant collected grocery items for transportation from Daman on 12.10.2010 and started for Delhi in his Trailer - Sahun loaded copper in his trailer from Jamnagar and started for Haryana - First informant reached Udaipur by-pass in his truck trailer in night intervening 13-14.10.2010 at about 1:30 pm - He got stuck in a traffic jam and took a diversion from inside Udaipur city and went towards Chirwa - He reached Kailashpuri on 14.10.2010 at 2:30 am - His Trailer was being followed by another Trailer of same Company, which was being driven by Mubarik who told informant on his mobile phone that Trailer was lying abandoned at Kailashpuri Udaipur By-pass causing a traffic jam and his brother Sahun and co-driver Rahish were missing - Held, Court opinion that links in the chain of circumstances relied upon by prosecution so as to bring home charges against two accused fall well short of expectation and degree of satisfaction required to prove a charge of murder purely on the strength of circumstantial evidence - Prosecution failed to prove even a single of so called links forming chain of incriminating circumstances so as to point towards guilt of accused what to talk of proving a complete and unbroken chain - Conclusions drawn by learned trial court in the impugned judgment recording findings of guilt against accused appellants are not based on apposite appreciation and marshelling of facts and evidence available on record and are rather perverse, illegal and contrary to record - Impugned judgment passed by learned Addl. Sessions Judge, quashed and set aside - Accused appellants are acquitted of charges - Appeal is allowed.
JUDGMENT
Sandeep Mehta, J. - The instant appeal has been preferred by the accused appellants Jagdish and Rahul who stand convicted and sentenced vide judgment dated 28.02.2013 passed by learned Addl. Sessions Judge, Salumber, District Udaipur in Sessions Case No.20/2012 as below:-
| Sec.302 & 302/34 IPC | Imprisonment for Life and to pay a fine of Rs.3,000/-. In default of payment of fine to further undergo three months Rigorous imprisonment. |
| Sec.201 IPC | Three years rigorous imprisonment and to pay a fine of Rs.1,000/-. In default of payment of fine to further undergo one months rigorous imprisonment. |
| Sec.397 IPC | Seven years rigorous imprisonment and to pay a fine of Rs.2,000/-. In default of payment of fine to further undergo two months rigorous imprisonment. |
| (All the sentences were ordered to run concurrently) | |
2. Being aggrieved of their conviction and sentences the appellants have, preferred the instant appeal under Section 374 (2) Cr.P.C.
3. Facts relevant and essential for decision of the instant appeal are noted hereinbelow:-
4. Pw-1 Fateh Mohammed lodged an oral report at the place of occurrence (Kalla Mandir, Rishabhdeo) to the SHO Police Station Rishabhdeo on 14.10.2010 alleging inter alia that he was engaged with Jaipur Golden Transport to drive its Truck Trailer bearing Registration No.RJ 14 GB 1906. Sarabjeet being the owner of the said vehicle had assigned another Truck Trailer No. RJ 14 GB 0655 to his brother Sahun. One Rahish was the co-driver with Sahun. The first informant collected grocery items for transportation from Daman on 12.10.2010 and started for Delhi in his Trailer. Sahun loaded copper in his trailer from Jamnagar and started for Haryana. The first informant reached Udaipur by-pass in his truck trailer in the night intervening 13-14.10.2010 at about 1:30 pm. He got stuck in a traffic jam and took a diversion from inside Udaipur city and went towards Chirwa. He reached Kailashpuri on 14.10.2010 at 2:30 am. His Trailer was being followed by another Trailer No.RJ 06 GA 0509 of the same Company, which was being driven by Mubarik who told the informant on his mobile phone that the Trailer No. RJ 14 GB 0655 was lying abandoned at Kailashpuri Udaipur By-pass causing a traffic jam and his brother Sahun and the co-driver Rahish were missing. Upon hearing this, first informant went back to Udaipur with his Trailer. In the meantime, Mubarik also drove his Trailer to Udaipur of Jaipur Golden near the by-pass. The truck drivers passing-by, informed him that two dead bodies had been found lying near the Highway at Rishabhdeo and the police had already reached there. Upon this, the first informant and Mubarik left their trucks at Udaipur and proceeded to Rishabhdeo. When they reached Kalla Ji Temple, they came to know that the police was trying to get the two dead bodies identified. The informant looked and immediately identified the dead bodies to be of Sahun and Rahish. He suspected that some unknown assailants had killed his brother and co-driver Rahish and had looted the truck which was loaded with copper. The informant further alleged that he had lastly talked to his brother Sahun on 13.10.2010 at 7 O' Clock who told him that he had crossed Keshariya Ji Toll Plaza. On the basis of this report, an FIR No. 499/2010 was registered at Police Station Rishabhdeo against unknown persons for the offences under Sections 302, 397 & 201 IPC. Investigation was commenced and assigned to Mr.Manak Ram Bishnoi, Officer-in-Charge, PS Rishabhdeo. The prosecution claims that one Irfan having Trailer No.RJ 14 GB 4741 also loaded copper in his Trailer simultaneously with Sahun whose consignment was designed for Ambala whereas Irfan was scheduled to go to Delhi. They reached Rajkot together. At Rajkot, Jagdish Jat and Rahul Jat were standing at the crossing with Vehicle No.RJ 1
