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2018 Supreme(Raj) 1899
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Nirmaljit Kaur and Vinit Kumar Mathur, JJ.
Radhey Shyam - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 330 of 2009
Decided On : 10-09-2018
Mr. V.K. Bhadu, Advocate, for the Appellant; Mr. Vishnu Kachhawaha, Public Prosecutor, for the Respondent
The testimony of eyewitnesses, when corroborated by other evidence, can be sufficient to prove the guilt of an accused person beyond a reasonable doubt.
Headnote:
CRIMINAL APPEAL - SECTION 302 IPC - MURDER - EYE-WITNESS TESTIMONY - RECOVERY OF WEAPON OF OFFENCE - MEDICAL EVIDENCE - MOTIVE - CONVICTION UPHELD.
Fact of the Case:
The appellant, Radhey Shyam, was convicted by the trial court for the murder of Pyare Lal under Section 302 IPC. The prosecution's case was that the appellant, along with two others, attacked Pyare Lal with knives, causing multiple injuries that led to his death. The appellant denied the charges and claimed he was falsely implicated.
Finding of the Court:
The High Court upheld the trial court's conviction, finding that the prosecution had proved its case beyond a reasonable doubt. The court relied on the testimony of two eyewitnesses, who had seen the appellant stabbing the deceased, as well as the recovery of the murder weapon and the medical evidence.
Issues: 1. Whether the prosecution had proved the guilt of the appellant beyond a reasonable doubt. 2. Whether the trial court erred in convicting the appellant based on the testimony of eyewitnesses.
Ratio Decidendi: The court held that the prosecution had proved its case beyond a reasonable doubt. The court found that the testimony of the eyewitnesses was credible and reliable, and that it was corroborated by the recovery of the murder weapon and the medical evidence. The court also found that the appellant had a motive to kill the deceased, as the deceased had testified against the appellant's brother in a criminal case.
Final Decision: The court dismissed the appeal and upheld the conviction of the appellant.
JUDGMENT
Vinit Kumar Mathur, J. - The instant criminal appeal has been preferred by the accused-appellant Radhey Shyam @ Raju against the judgment dated 31.03.2009, passed by learned Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No.09/2008 by which the appellant has been convicted for offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 10,000/-, in default thereof to further undergo three years' rigorous imprisonment.
2. The brief facts of the case are that on a complaint being filed on 16.04.2007 by Trilok Chand S/o Likhma Ram to the effect that on 27.03.2007 Subhash who is the resident of their Ward had a fight with Daulat Ram, Mukesh etc., a case was filed in the Police Station and Pyare Lal was a witness in that case. For this reason, Budh Ram, the brother of Daulat Ram was keeping enmity with Pyare Lal and also threatened Pyare Lal to kill him. On that day at around 9.00 PM, his brother Pyare Lal along with his niece Seema went to Ambedkar Chowk for having sugarcane juice. Suddenly Budh Ram S/o Dungar Ram, Sharman S/o Birbal Ram, R/o Ward No.19 and Radhey Shyam S/o Randheer attacked Pyare Lal. Budh Ram and Sharman caught hold of the hands of Pyare Lal and Radhe Shyam gave stab wounds with a knife and because of this Pyare Lal fell on the ground. He was immediately taken to the hospital where he was declared dead. On this complaint a formal FIR was lodged and the police conducted investigation.
3. After the investigation police filed a challan under Section 302 IPC against the accused-appellant Radhey Shyam.
4. Learned Trial Court framed charge against the accused-appellant Radhey Shyam for the offence under Section 302 IPC for committing murder of Pyare Lal and the same was read over and explained to him but he denied the charge and sought for trial in the matter.
5. During the trial, the prosecution examined as many as 14 witnesses and 43 documents were exhibited.
6. The accused was examined under Section 313 Cr.P.C., 1973 and he was confronted with the evidence adduced during the course of trial to which he denied and stated that he is innocent, he was brought from the bye-pass after alighting from the car, they brought him to the Police Station and took his signatures on the blank papers.
7. Learned trial Court after hearing the arguments from both the sides, taking into consideration the statement of witnesses and after going through the same, convicted and sentenced the accused-appellant vide judgment dated 31.03.2009.
8. For appreciating the facts in detail, we have gone through the statements recorded during the trial along with documents produced and exhibited before the trial Court.
9. PW-11 Seema is the eye-witness of the prosecution has stated in her statement before the Court that at around 8:30-9:00 PM she along with her Uncle deceased Pyare Lal went to the old Bus Stand near the black statue for having sugarcane juice. She and her uncle Pyare Lal had taken the juice and thereafter sat in front of the hotel for watching T.V. In the meantime Shrawan and Budh Ram came and took her uncle on one side of the hotel where Shrawan and Budh Ram caught hold of the hands of her uncle and Radhey Shyam gave knife blows. She further stated that accused Radhey shyam was present in the Court. Due to stabbing with knife, her uncle fell on the ground and the blood was oozing out at the place where her uncle was lying. She screamed, due to which lot of people gathered at the spot. On watching the crowd, her uncle Trilok Chand also reached at the spot and thereafter the accused persons ran away from the spot. Her uncle Pyare Lal was taken to hospital by an auto. She was frightened and went home. She further stated that there was no enmity between her uncle and the accused persons but her uncle has deposed as a witness in an incident of quarrel which took place between the brothers of Budh Ram and Shravan and, therefore, Budh Ram etc. have given threatening her Uncle to k
