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2017 Supreme(Raj) 2684
RAJASTHAN HIGH COURT (JAIPUR BENCH)
Kanwaljit Singh Ahluwalia, G.R. Moolchandani, JJ.
Fazru - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 469 of 1988
Decided On : 10-10-2017
Mr. Rinesh Gupta, Mr. Aniket Sharma and Ms. Sakshi Swami, Advocates, for the Appellants; Mr. R.S. Shekhawat, P.P, for the Respondent
Headnote:
Indian Penal Code,1860 - Sections 148, 147, 302, 302 of 149, 307, 307 of 149, 326 of 149, 324, of 149, 323, 323 of 149 – Criminal Procedure Code, 1973 - Sections 156(3) and 437A – Offence of murder – Appeal against convicted - Person died of shock and hoemorrhage due to head injury - Cause death in the ordinary - Five accused persons all sons were tried by Court of Additional Sessions Judge - District, in Sessions Case no.28/1984 for the offences punishable under Sections 148, 302, 302 of 149, 307 of 149, 326 of 149, 324, 324 of 149, 323 of 149 of IPC and they were convicted and sentenced by the learned court below vide order - Police Station Nagar for offences punishable under section 147, 148, 149, 324, 307, 323 of IPC demise of injured - Autopsy report Exhibit-P8 of deceased reveals that the autopsy was conducted and cause of death - examined injured-deceased - He stated that he was posted and had examined in the evening - Insiced wound with profuse swelling on the dorsum of Lt Palm wound is on the medial side of well – Held, Court that genesis and origin of occurrence, if suppressed by prosecution adverse inference against prosecution for not offering any explanation is to be drawn evident that prosecution has not offered any explanation, in respect of injuries of accused persons - Number of accused persons have been found injured as such genesis and origin of crime has been suppressed - Prosecution has not come with clean hands and genesis of crime has deliberately been suppressed. Resultantly, present appeal filed by accused persons is accepted and impugned judgment of learned trial Court convicting and sentencing the accused persons is set aside - Appellant-accused are acquitted of the charges formulated against them by extending benefit of doubt to which they are entitled - Appellant-accused are already on bail, so they need, not to, surrender personal bonds and surety bonds are discharged they are directed to appear before trial Court for compliance of the provisions of section 437A of CrPC, 1973 - Learned trial Court is also directed to ensure compliance accordingly - Appeal Allowed
JUDGMENT
G.R. Moolchandani, J. - Five accused persons, namely Fazru, Sher Singh, Samsu, Samru and Rustam all sons of Meer Khan, were tried by the Court of Additional Sessions Judge Deeg, District Bharatpur, in Sessions Case no.28/1984 for the offences punishable under Sections 148, 302, 302 of 149, 307, 307 of 149, 326 of 149, 324, 324 of 149, 323, 323 of 149 of IPC and they were convicted and sentenced by the learned court below vide order dated 14.12.1988 as under :-
Samsu
u/s 148 of IPC, one year''s rigorous imprisonment u/s 302 of IPC, life imprisonment and fine of Rs. 100/-
u/s 326 of 149 of IPC, five years rigorous imprisonment and fine of Rs. 100/-
u/s 323 of IPC, one month''s rigorous imprisonment
Fazru
u/s 148 of IPC, one year''s rigorous imprisonment
u/s 302 of IPC, life imprisonment and fine of Rs. 100/-
u/s 326 of IPC, five years rigorous imprisonment and fine of Rs. 100/-
u/s 323 of 149 of IPC, one month''s rigorous imprisonment
Sher Singh
u/s 148 of IPC, one year''s rigorous imprisonment
u/s 302 of 149 of IPC, life imprisonment and fine of Rs. 100/-
u/s 326 of 149 of IPC, five years rigorous imprisonment and fine of Rs. 100/-
u/s 323 of IPC, one month''s rigorous imprisonment
Rustam
u/s 148 of IPC, one year''s rigorous imprisonment
u/s 302 of 149 of IPC, life imprisonment and fine of Rs. 100/-
u/s 326 of 149 of IPC, five years rigorous imprisonment and fine of Rs. 100/-
u/s 323 of IPC, one month''s rigorous imprisonment
Samru
u/s 148 of IPC, one year''s rigorous imprisonment
u/s 323 of 149 of IPC, one month''s rigorous imprisonment
In default of payment of fine of Rs. 100/-, each appellant-accused has to undergo further one month''s simple imprisonment
All sentences were ordered to run concurrently.
Accused Jumma son of Meer Khan was found juvenile, so, his case was sent to concerned Juvenile Justice Board.
2. Contents of Written Report Exhibit-P1, which was submitted by Khillu s/o Jormal Mev on 11.5.1984 at 11:30 PM before SHO, Nagar, Bharatpur, reads as under:-
On the basis of above Written Report Exhibit-P13, formal FIR was lodged as FIR No. 43 of
84 at Police Station Nagar, Bharatpur, for the offences punishable under section 147, 148, 149, 324, 307, 323 of IPC. Subsequently, after the demise of injured Jormal, section 302 of IPC was added.
3. Autopsy report Exhibit-P8 of deceased Jormal s/o Alisher dt 12.5.1984 reveals that the autopsy was conducted on 12.5.1984 at 8:40 AM and cause of death, as opined by the Doctor reads "the person died of shock and hoemorrhage due to head injury".
4. Scrutiny of the evidence reflects that PW4 Dr. Satish Chandra Arya, had examined injured-deceased Jormal. He stated that on 11.5.1984 he was posted as a M.O. of Nagar and had examined Jormal son of Alisher in the evening at 8:30 PM vide Exhibit-P3 and following injuries were found on his body :-
(1) Lacerated wound with profuse bleeding on the Rt fronto parietal region 1 1 /2" x 2" x 1/2" x 1/4", blunt
(2) Contusion with swelling 1" x 1/2" with reddish colouration on the back below Rt scapula, simple blunt
(3) Abrasion 1/2" x 1 1/2" on the Rt knee with oozing of blood, simple blunt
5. Dr. Satish Chandra Arya (PW4) has further stated that on the same day at 9:10 PM, he had examined Chhutna son of Luta vide Exhibit-P4 and following injuries were found on his body :-
(1) Insiced wound with profuse swelling on the dorsum of the Lt Palm (wound is on the medial side of the palm 1 1/2" x 1/4" x 1/4" on the hypothenal emi well, swelling is 3" x 2", sharp
(2) Contusion with swelling 1 1/2" x 1" on the dorso medial aspect and middle of the Lt forearm with reddish coularation, simple blunt
(3) Lacerated wound 1" x 1 1/4" x 1/4" on the frontal bone on the vertex slightly Rt to the midline 4" above the eye-brow with bleeding, blunt
(4) Lacerated wound 1 1/2" x 1/4" x 1/4" on the vertex at the region of choti with profuse bleeding, blunt
(5) Contusion with reddish colouration on the last phalanx of the Rt thumb 1" x round the thumb and blui
