Back
2019 Supreme(Raj) 2688
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta and Vinit Kumar Mathur, JJ.
Arjun Ram - Appellant
Versus
State - Respondent
Criminal Appeal No. 797 of 2016, 628 of 2016, 569 of 2017
Decided On : 19-01-2019
J.S. Choudhary, Adv., Amardeep Lamba, Adv., J.P.S. Choudhary, Adv., Kartik Singh Lodha, Adv.
The testimony of prosecution witnesses, the credibility of recoveries made at the instance of the accused, and the determination of guilt in murder cases based on the evidence presented.
Headnote:
CRIMINAL APPEAL - MURDER - SECTION 302 I.P.C. - CONVICTION - EVIDENCE - EYE-WITNESSES - CREDIBILITY - DELAY IN RECORDING STATEMENTS - INDEPENDENT WITNESSES - RECOVERY OF WEAPON - BLOOD GROUP MATCHING - FACTUAL ANALYSIS - LEGAL PRINCIPLES.
Fact of the Case:
The appellant, Arjun Ram, was convicted by the trial court for the murder of Ugma Ram under Section 302 I.P.C. The prosecution alleged that Arjun Ram, along with other accused, attacked Ugma Ram with knives and lathis, causing fatal injuries. The appellant challenged the conviction, arguing that the prosecution witnesses were unreliable and that the recovery of the murder weapon was not credible.
Finding of the Court:
The High Court upheld the conviction of Arjun Ram for the murder of Ugma Ram. The Court found that the testimony of the two main prosecution witnesses, Nema Ram and Gheesa Ram, was credible and corroborated by the medical evidence. The Court also found that the recovery of the murder weapon at the instance of the appellant was credible and that the blood group found on the weapon matched that of the deceased.
Issues: 1. Whether the testimony of the prosecution witnesses was credible and reliable. 2. Whether the recovery of the murder weapon was credible and reliable. 3. Whether the appellant was guilty of murder under Section 302 I.P.C.
Ratio Decidendi: 1. The Court held that the testimony of the two main prosecution witnesses, Nema Ram and Gheesa Ram, was credible and reliable. The Court noted that their testimony was consistent and corroborated by the medical evidence. The Court also found that the delay in recording their statements under Section 161 Cr.P.C. was not significant and did not affect the credibility of their testimony. 2. The Court held that the recovery of the murder weapon at the instance of the appellant was credible and reliable. The Court noted that the recovery was made in furtherance of the appellant's disclosure statement and that the blood group found on the weapon matched that of the deceased. 3. The Court held that the appellant was guilty of murder under Section 302 I.P.C. The Court found that the appellant had caused fatal injuries to the deceased with a knife and that the incident was not premeditated.
Final Decision: The High Court dismissed the appellant's appeal and upheld the conviction for murder under Section 302 I.P.C.
JUDGMENT
1. Cr.Appeal No.797/2016 has been preferred by the accused Arjun Ram against the judgment dated 15.7.2016 passed by learned Additional Sessions Judge, Merta in Sessions Case No.102/2015 (27/2011) whereby, he was convicted for the offence under Section 302 I.P.C. and was sentenced to imprisonment for life with a fine of Rs.50,000/- and in default of payment of fine, to further undergo 6 months' additional imprisonment.
2. Cr.Appeal Nos.628/2016 and 569/2017 have been preferred respectively by the complainant Manak Ram and the State of Rajasthan for challenging the very same judgment whereby the learned trial court, whilst convicting Arjun Ram for the offence under Section 302 I.P.C. and Budha Ram for the offence under Section 323 I.P.C., acquitted Arjun Ram from the charges under Sections 148, 341, 323 I.P.C., Budha Ram from the charges under Sections 148, 341, 302/149 I.P.C. and the accused Sukha Ram, Buksa Ram, Smt.Kamodari and Smt.Suganai from the charges under Sections 148, 341, 323, 302/149 I.P.C. by giving them benefit of doubt.
3. The prosecution case emanates from the written report (Ex.P/5) submitted by Manak Ram to the SHO, Police Station Merta City on 20.07.2011 at 10:30 p.m. alleging inter alia that on the very same evening at about 7 o'clock, the informant's brother Ugma Ram was returning on his tractor after doing farming activities on his field. When he reached a little distance from the market, the accused party comprising of Arjun Ram and Sukha Ram (both sons of Buksa Ram), Budha Ram and Buksa Ram (both sons of Misa Ram), Ratna Ram S/o Dayal Ram, Kamodari W/o Arjun Ram and Suganai W/o Budha Ram, who were lying in wait from before, came across and obstructed Ugma Ram's tractor. Arjun Ram was having a knife in his hand whereas, the other accused persons were armed with lathis. Ugma Ram was pulled down from the tractor. The accused party surrounded Ugma Ram and started assaulting him indiscriminately with the weapons held by them. The informant (Manak Ram) and his brother Nema Ram were present in his shop and saw the incident. Ratna Ram caught hold of Ugma Rama and Arjun Ram inflicted numerous knife blows on his back. Budha Ram inflicted a lathi blow on the back of the deceased due to which, he fell down. Ratna Ram, gave a prod by lathi on the neck of Ugma Ram. Sukha Ram, Buksa Ram, Kamodari and Suganai (accused) rained lathi, fist and kick blows on Ugma Ram. The informant Manak Ram and his brother Nema Ram tried their level best to intervene and save Ugma Ram from the assault upon which they too were beaten and received numerous injuries at the hands of the accused party. The informant was pushed aside and Arjun Ram stabbed his brother Ugma Ram by the knife on his abdomen. It was alleged that the accused party hatched a prior conspiracy owing to the long standing dispute pending between the parties over the boundary wall ( [1] ) of a field and with this objective, they collected together, attacked and killed the informant's brother Ugma Ram. On the basis of this report, a formal FIR No.199/2011 was chalked out at the Police Station Merta City and investigation was commenced. Manak Ram and Nema Ram were got examined for their injuries at the Primary Health Center, Merta City. Nema Ram was found having a skin deep abrasion on his left scapular region. Manak Ram was found having two trivial abrasions on the toe and index finger of his left hand. The dead body of Ugma Ram was subjected to postmortem. The Medical Board opined that cause of death of Ugma Ram was stab injuries on various vital organs of his body including ribs, lungs, liver and heart. While conducting investigation, the Investigating Officer came to a conclusion that Ratna Ram, named as an accused in the FIR, was not involved in the incident and thus, he was not charge-sheeted. It may be noted here that at the initial stage, the prosecution filed an application under Section 190 Cr.P.C. for summoning Ratna Ram as an additional accused in the case.
