Back
2019 Supreme(Raj) 2763
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia and Goverdhan Bardhar, JJ.
Sube Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 1264 of 2016
Decided On : 09-05-2019
B.R. Choudhary, Adv., Alka Bhatnagar, Adv.
The court held that the testimony of an eyewitness, when corroborated by medical evidence, can be relied upon to prove the guilt of the accused.
Headnote:
CRIMINAL APPEAL - MURDER - SECTION 302, 323 OF THE INDIAN PENAL CODE AND SECTION 4/25 OF THE ARMS ACT - CONVICTION AND SENTENCE - CHALLENGE - EYE-WITNESS TESTIMONY - MEDICAL EVIDENCE - CORROBORATION - CONVERSION OF OFFENCE.
Fact of the Case:
The appellant, Sube Singh, was convicted and sentenced for the murder of his brother, Hawa Singh, and niece, Saroj, and for causing injuries to his sister-in-law, Bharpai Devi. The prosecution's case was based on the testimony of Bharpai Devi, who was an eyewitness to the incident, and medical evidence.
Finding of the Court:
The court found that the presence of Bharpai Devi at the spot was stamped, as she had suffered injuries in the alleged occurrence. The court also found that her testimony was truthful and free from contradictions and discrepancies. The court further found that the medical evidence corroborated the ocular version of Bharpai Devi.
Issues: 1. Whether the prosecution had proved the guilt of the appellant beyond reasonable doubt. 2. Whether the appellant was entitled to conversion of the offence from Section 302 IPC to Section 304 Part-I IPC.
Ratio Decidendi: 1. The court held that the prosecution had proved the guilt of the appellant beyond reasonable doubt based on the testimony of Bharpai Devi, which was corroborated by the medical evidence. 2. The court held that the appellant was not entitled to conversion of the offence from Section 302 IPC to Section 304 Part-I IPC, as the incident involved two murders and injuries to Bharpai Devi.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the appellant.
JUDGMENT
Kanwaljit Singh Ahluwalia, J. - Sube Singh, along with his wife Brahma Devi and son Surendra Singh was tried by the Court of Additional Sessions Judge, Kotputali District Jaipur for committing murder of his brother Hawa Singh and niece -Saroj.
2. The trial Court, vide its impugned judgment dated 17.09.2016, acquitted Brahma Devi and Surendra Singh of offences punishable under Sections 302/34 and 323 of the Indian Penal Code.
3. However, the said Court held the appellant Sube Singh guilty of offences punishable under Sections 302 and 323 of the Indian Penal Code and under Section 4/25 of the Arms Act.
"Vide a separate order of even date, the trial Judge sentenced the appellant as under :-
"For offence u/s. 302 I.P.C. : The appellant was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- and in default of payment of fine to further undergo six months simple imprisonment.
For offence u/s. 323 I.P.C. : The appellant was sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.800/- and in default of payment of fine to further undergo one month's simple imprisonment. For offence u/s. 4/25 of the Arms Act : The appellant was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo three months simple imprisonment.
All the sentences were ordered to run concurrently."
4. Aggrieved against his conviction and sentence, the appellant has preferred present D.B. Criminal Appeal No.1264 of 2016 praying therein that the impugned judgment of conviction dated 17.09.2016 rendered by the Court of Additional Sessions Judge, Kotputali District Jaipur Rural, in Sessions Case No.34/2011, be set aside, along with the separate order of sentence pronounced on even date.
5. The State of Rajasthan had preferred D.B. Criminal Leave to Appeal No.19 of 2017 to assail the acquittal of Brahma Devi and Surendra Singh, wife and son of the principal accused appellant -Sube Singh respectively.
6. Similarly, Bharpai Devi wife of deceased Hawa Singh and the mother of Saroj, both deceased, had filed D.B. Criminal Appeal No. 1342 of 2016.
7. A Coordinate Bench of which one of us (Kanwaljit Singh Ahluwalia, J.) was a Member on 06.02.2017 had dismissed D.B. Criminal Leave To Appeal No.19 of 2017 and D.B. Criminal Appeal No.1342 of 2016 preferred by the complainant.
8. The case of the prosecution has been aptly summed up in the charges formulated against the appellant.
9. It was stated in the first charge that the appellant Sube Singh on 06.07.2011 at about 09:00 P.M. in Village Shekharpur at his residence with the intention to cause death picked up a fight with his brother Hawa Singh. Hawa Singh was caught hold by Surendra and Brahma Devi, and Sube Singh caused knife injuries to his brother Hawa Singh. Meanwhile, when Saroj daughter of Hawa Singh, came to rescue him, she was also caused injuries.
10. Similarly, second charge stated that when Bharpai Devi (PW-1) wife of Hawa Singh, came forward to rescue her husband and daughter, she was also caused injuries by the appellant.
11. For causing murder of Hawa Singh & Saroj and injuries to Bharpai Devi (PW-1), the appellant was charged for commission of offences punishable under Sections 302 and 323 of the Indian Penal Code, and for keeping knife without any license in his possession, he was charged for commission of offence punishable under Section 4/25 of the Arms Act.
12. The appellant pleaded not guilty and claimed trial.
13. The prosecution, in order to secure conviction of the appellant, examined as many as seventeen witnesses, namely Bharpai Devi (PW-1), Sona Ram (PW-2), Shravan Devi (PW-3), Jitendra (PW-4), Rajpal (PW-5), Vijay Singh (PW-6), Rahul (PW-7), Dr. Ghanshyam Gehlot (PW-8), Dr. Pramod Singh (PW-9), Shankar Lal (PW-10), Naresh Singh (PW-11), Geeta Devi (PW-12), Mukhram (PW-13), Ram Kunwar (PW-14), Sohan Lal (PW-15), Shri Chand (PW-16) and Sanwarmal Nagaura (PW-17) respectively.
14. Out of all above s
