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2021 Supreme(Raj) 141
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, RAMESHWAR VYAS, JJ.
Baljindra Singh @ Binder Singh S/o Karnail Singh - Appellant
Versus
State of Rajasthan, through P.P. - Respondent
D.B. Criminal Appeal No. 56 of 2013
Decided on : 01-09-2021
Advocate Appeared:
For the Appellant : Mr. Deepak Menaria, Mr. Dhirendra Singh, Mr. B.S. Sandhu, Mr. D.S. Gharsana
For the Respondent: Mr. R.R. Chhaparwal, Mr. Rakesh Matoria
Point of Law: Chain of incriminating circumstances is complete in all aspects and points exclusively towards the guilt of the accused and totally rules out any other conclusion
Headnote:
Criminal Procedure Code, 1973 - Section 161, 313, 374(2) – Indian Penal Code, 1860 - Section 302/34 – Offence of Murder – Punishment for Murder – Power to examine accused – Appeals from conviction – Whether Trial court proceeded to convict and sentence appellants – Whether force in this appeal which is dismissed as being devoid of merit –
Findings of the Court:
Collection of their blood stained clothes and the collection of the chance foot print impressions and the specimen impressions of footwear worn by the accused are impeccable and do not suffer from any infirmity whatsoever. As the accused persons were responsible for taking the deceased away from his house on the fateful night and since they were seen quarreling with him just before the dead body of Pinnu was found with significant marks of violence, the knowledge of the fact as to how Pinnu met with death by violence would be in the exclusive domain of the appellants herein. The appellants failed to offer any explanation as to how Pinnu received these fatal injuries. The bald assertion of the accused persons that Pinnu received the injuries in a road traffic accident is totally unacceptable -Prosecution has proved its case against the accused appellants by leading unimpeachable and convincing circumstantial evidence which we have discussed above. The chain of incriminating circumstances is complete in all aspects and points exclusively towards the guilt of the accused and totally rules out any other conclusion
Result: Appeal dismissed off.
JUDGMENT :
MEHTA, J.
1. The appellants herein have been convicted and sentenced as below vide Judgment dated 30.11.2012 passed by the learned Additional Sessions Judge, Anoopgarh, District Sri Ganganagar in Sessions Case No.56/2008:
| Offences | Sentences | Fine | Fine Default sentences |
| Section 302 IPC | Life Imprisonment | Rs.5,000/- | - 1 Month’s S.I. |
2. Being aggrieved of their conviction and the sentence awarded, the 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:
4. Khemchand (PW-1) lodged a written report to the SHO Police Station Anoopgarh on 02.09.2008 at 1.10 am, alleging inter alia that he alongwith his brother Praveen Kumar @ Pinnu and mother Mitlo Bai, used to live in their house at Ward No.13, Anoopgarh. On the night of 01.09.2008, at about 8.00 pm, Baljindra Singh @ Binder, Banti, Joga Singh and Sardul Singh @ Sectori (the appellants herein) took his brother Pinnu alongwith them saying that they were going for some work and would return in an hour. The informant knew these four persons from before because they would often visit his brother. Pinnu who did not return home till 11.30 pm. upon which, the informant went out searching for him. He looked out for him in the market and reached the Raisinghnagar crossroads and tried to find out the whereabouts of his brother from the shopkeepers. Ramesh Kumar @ Billa, owner of ‘Jai Durga’ Tea Stall told the informant that Binder Singh, Banti, Joga Singh and Sardul Singh @ Sectori were quarreling with Pinnu in an inebriated state. They had purchased liquor from a liquor shop and had proceeded towards Vijaynagar Pulia. The informant therefore proceeded towards Vijaynagar Pulia and there, at some distance, he saw the dead body of Pinnu lying nearby the road. Large number of injuries were visible on the body of Pinnu. Khemchand immediately gave telephonic information to the police station. He alleged that the four assailants named above, had beaten his brother Pinnu to death. On the basis of this report, an FIR No.469/2008 came to be registered at the Police Station Anoopgarh for the offence punishable under Section 302/34 IPC. The SHO, Police Station, Anoopgarh, Shri Ganesh Nath Siddh (PW- 16) reached the spot and secured the area. The dead body of Pinnu was sent to the hospital for autopsy. Suspected foot prints were lifted from the place of incident and were sealed as per the prescribed procedure. Blood stains observed at the spot where the dead body of Pinnu was abandoned by the assailants, were lifted in a gauze. The blood stained clothes of the deceased were collected and were seized. The accused were arrested in the following sequence:
(i) Baljinder Singh @ Binder- 02.09.2008 at 02.00 pm. (Ex.P/25),
(ii) Joga Singh- 02.09.2008 at 02.50 pm. (Ex.P/26),
(iii) Amin Khan- 02.09.2008 at 03.50 pm. (Ex.P/27),
(iv) Sardul Singh @ Sectori- 09.09.2008 at 12.50 am. (Ex.P/23).
The clothes worn by the accused at the time of their arrest were seized for the purpose of serological examination. The sandals worn by Baljinder Singh and Chappals worn by the accused Joga Singh at the time of their arrest, were also seized. All the accused were made to wear the respective footwear and specimen foot moulds were prepared for seeking a comparison report with the suspected foot moulds lifted from the place of incident. The dead body of Shri Pinnu was subjected to autopsy by a team of two doctors at the Community Health Center, Anoopgarh which issued the postmortem report (Ex.P/50) taking note of 9 injuries which caused grave damage including fracture on various body parts of Pinnu. The frontal bone of skull was fractured. The cause of death was opined to be haemmorhage due to the head injury resulting in damage to the brain. After concluding investigation, a charge-sheet came to be subm
