Back
2019 Supreme(Raj) 2713
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta and Vinit Kumar Mathur, JJ.
Sonu And Others - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 688 of 2011
Decided On : 01-06-2019
Mr. T.C. Sharma, Advocate, for the Appellants; Mr. Anil Joshi, PP, for the Respondents
The omission of the name of an accused in the FIR and the introduction of his involvement at a later stage can vitiate the prosecution case against him.
Headnote:
CRIMINAL APPEAL - MURDER - SECTION 302 IPC - EVIDENCE ACT, SECTION 27 - FACTUAL DISCREPANCIES - EYE-WITNESS TESTIMONY - MEDICAL EVIDENCE - RECOVERIES - FALSE IMPLICATION - OMISSION OF NAME IN FIR - CONTRADICTIONS IN STATEMENTS - RELIABILITY OF EVIDENCE - CONVICTION AND SENTENCE - PARTIAL ACCEPTANCE OF APPEAL - ACQUITTAL OF ONE ACCUSED - CONFIRMATION OF CONVICTION AND SENTENCE OF OTHER ACCUSED.
Fact of the Case:
The appellants were convicted and sentenced for the murder of Bhagwandas. The prosecution alleged that the appellants, armed with sharp weapons, attacked Bhagwandas, causing his death. The appellants denied the charges and claimed false implication.
Finding of the Court:
The court found that the name of one of the appellants, Veeru, was not mentioned in the FIR and that his involvement was introduced at a later stage. The court also found that the evidence of the eye-witnesses contained minor discrepancies and contradictions. However, the court relied on the testimony of the eye-witnesses and the medical evidence to hold that the other three appellants were guilty of murder.
Issues: 1. Whether the omission of the name of one of the appellants in the FIR and the introduction of his involvement at a later stage vitiated the prosecution case against him. 2. Whether the minor discrepancies and contradictions in the statements of the eye-witnesses rendered their testimony unreliable. 3. Whether the medical evidence corroborated the testimony of the eye-witnesses.
Ratio Decidendi: 1. The court held that the omission of the name of one of the appellants in the FIR and the introduction of his involvement at a later stage went to the root of the matter and tainted the credibility of the prosecution case against him. 2. The court held that the minor discrepancies and contradictions in the statements of the eye-witnesses were far too trivial to attach much importance to and that their evidence was natural and convincing. 3. The court held that the medical evidence corroborated the testimony of the eye-witnesses and established the participation of more than one assailant.
Final Decision: The court partly accepted the appeal and acquitted one of the appellants, Veeru, while confirming the conviction and sentence of the other three appellants.
JUDGMENT
Sandeep Mehta, J. - The appellants herein have been convicted and sentenced as below vide judgment dated 10.05.2011 passed by the learned Additional Sessions Judge, No. 1, Sri Ganganagar in Sessions Case No. 48/2007:
Sonu S/o Mamchand Offences
| Offences Under Section | Sentences | Fine | Fine Default sentences |
| 302 IPC | Life Imprisonment | Rs. 5,000/- | 3 Months R.I. |
Sonu S/o Prem Das, Raju @ Khoti S/o Mamchand and Veeru S/o Lalchand
| Offences Under Section | Sentences | Fine | Fine Default sentences |
| 302/34 IPC | Life Imprisonment | Rs. 5,000/- | 3 Months R.I. |
2. Being aggrieved of their conviction and sentence, the accused appellants have preferred the instant appeal under Section 374(2) Cr.P.C.
3. Brief facts relevant and essential for disposal of the appeal are noted herein below:
One Premdas (PW-1) lodged a written report (Ex.P/1) to the SHO, Police Station Jawahar Nagar, District Sri Ganganagar on 17.10.2007 alleging inter alia that on the same evening, his brother Bhagwandas had gone out of the house for some work. He reached near the shop of Raju Naai which is located just ahead of the cross roads where, Sonu son of Mamchand, Raju @ Khoti son of Mamchand and Sonu son of Premdas Valmiki pursued and stopped him. Sonu son of Mamchand was having a knife with him, Sonu son of Premdas was having a sword and Raju @ Khoti was armed with an axe. The informant was allegedly walking a little behind his brother. In his view, Sonu son of Premdas and Sonu son of Mamchand inflicted sword and knife blows respectively on the chest of Bhagwandas whereas Raju @ Khoti inflicted an axe blow on his head. On receiving the injuries, Bhagwandas fell on the ground, profusely bleeding. The complainant lifted Bhagwandas with the aid of Ashok Kumar and boarded him on to a tempo so that he could be taken to the hospital. However, his brother expired on the way. The complainant alleged that the three assailants, inflicted indiscriminate blows to his brother by sharp weapons resulting into his instantaneous death. On the basis of this report, an FIR No. 379/2007 was registered against the accused persons for the offence under Section 302/34 of the IPC. The investigation was undertaken by Bhomaram, SHO, Police Station Jawahar Nagar who initially recorded the statements of Premdas and Ashok Kumar. Thereafter, the site was inspected and the site inspection plan (Ex.P/3) was prepared on 18.10.2007 with the aid and assistance of the first informant. Blood stained and control soil samples were collected from the place of occurrence. Inquest proceedings were conducted at the hospital. The dead body of Bhagwandas was subjected to postmortem by the doctors at the Government Hospital, Sri Ganganagar. The clothes worn by the deceased were taken into possession. The dead body was handed over to the relatives for cremation. The accused Sonu son of Premdas, Sonu son of Mamchand, Raju @ Khoti son of Mamchand and Veeru son of Lalchand were arrested on 18.10.2007 vide arrest memos Ex.P/30, Ex.P/31, Ex.P/32 and Ex.P/33 respectively. The accused allegedly gave informations to the I.O. under Section 27 of the Evidence Act regarding their having concealed the blood stained weapons used for committing the offence and their blood stained clothes in the following order:
Ex.P/34- Information provided by Sonu son of Premdas regarding the concealment of sword,
Ex.P/35- Information provided by Sonu son of Mamchand regarding the concealment of an iron chhura,
Ex.P/36- Information provided by Sonu son of Mamchand regarding the concealment of blood stained pants,
Ex.P/37- Information provided by Veeru regarding the concealment of handle of wooden chair,
Ex.P/38- Information provided by Veeru son of Lalchand regarding the concealment of the shirt worn by him at the time of the incident,
Ex.P/39- Information provided by Raju @ Khoti regarding the concea
