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2022 Supreme(Raj) 777
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, KULDEEP MATHUR, JJ.
Narayan S/o Bhoorji – Appellant
Versus
The State of Rajasthan – Respondent
D.B. Criminal Appeal No. 529 of 2014
Decided on : 28-11-2022
Advocate Appeared:
For the Appellant : Mr. Shree Kant Verma.
For the Respondent: Mr. B.R. Bishnoi, PP
The judgment establishes the application of the reverse burden of proof and the reliance on circumstantial evidence in murder cases.
Headnote:
MURDER - CONVICTION UNDER SECTION 302 IPC - [Sections 302, 201 IPC] - The court discussed the evidence and circumstances surrounding the murder case, including the presence of 'B' Group blood on the soil inside the house and the shirt worn by the accused at the time of his arrest, and concluded that the prosecution led convincing and cogent circumstantial evidence to establish the accused's guilt. The court also noted that the accused failed to explain the circumstances under which his wife received the fatal injuries, leading to the application of the reverse burden of proof under Section 106 of the Indian Evidence Act.
Fact of the Case:
The appellant was convicted and sentenced for the murder of his wife, based on evidence of violence and 'B' Group blood found at the crime scene.
Finding of the Court:
The court found the appellant guilty of the murder based on circumstantial evidence and the failure to provide a convincing alibi.
Issues: The main issue was the guilt of the appellant in the murder of his wife, and the application of the reverse burden of proof under Section 106 of the Indian Evidence Act.
Ratio Decidendi: The court applied the reverse burden of proof and relied on circumstantial evidence, including the presence of 'B' Group blood, to establish the appellant's guilt.
Final Decision: The appeal was dismissed, and the conviction and sentencing of the appellant under Section 302 IPC were upheld.
JUDGMENT :
MEHTA, J.
1. The appellant herein has been convicted and sentenced as below vide Judgment dated 19.06.2014 passed by the learned Additional Sessions Judge, Banswara in Sessions Case No.194/2011:
| Offences | Sentences | Fine | Fine Default sentences |
| Section 302 IPC | Life Imprisonment | Rs.10,000/- | 2 Months’ S.I. |
| Section 201 IPC | Section 5 Years’ R.I. | Rs.2,000/- | 1 Month’s S.I. |
| All the substantive sentences were ordered to run concurrently. | |||
2. Being aggrieved of his conviction and sentences, the appellant has 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:
The appellant and the deceased Smt. Nirma were married to each other about 5-6 years before the incident. Two children were born from the wedlock. The deceased had been complaining to her maternal relatives regarding strife with her husband, the appellant herein. An information was received by Keshav Lal on 09.03.2011 that his sister Nirma had been murdered. The family members reached the village of the accused where they saw the dead body of Nirma lying in the field. A Saree was tied around her neck in form of a noose. Grave injuries had been caused on her face and her teeth were dislodged. Numerous other marks of violence were noticeable on the dead body. From the field, they proceeded to the house of Nirma but no one was seen in and around the house. Clumps of hair, broken bangles and blood stains were seen all around the house, on the floor as well as on the walls. Police was informed. Keshav Lal submitted a written report (Ex.P/1) to the Police Station Garhi, District Banswara alleging that his sister had been murdered by Narayan and his relatives namely Bhoorji (father), Hui (mother), Nanu (brother), Laxmi (sister), Mani and Rama.
4. On the basis of this report, FIR No.58/2011 (Ex.P/34) came to be registered at the Police Station Garhi, District Banswara for the offences punishable under Sections 143 and 302/149 IPC and investigation was commenced. The investigating officer inspected the place where the dead body of Smt. Nirma was lying. The blood stained soil, control soil, etc. were collected from the place of incident. The dead body of Nirma was subjected to autopsy at the PHC, Garhi and the postmortem report (Ex.P/28) was procured as per which, the trachea of the victim was injured and was filled with blood. A severe injury was noticed on the upper lip and mouth. 3 to 5 teeth had been dislodged. The cause of death was opined to be syncope and shock as a result of haemorrhage from the wound. The clothes of the victim were seized. The house where the victim was resided with her husband was also inspected and from there also, clumps of hair, blood stained soil and control soil were lifted. The accused appellant was arrested on 13.03.2011 vide arrest memo (Ex.P/12) and the shirt worn by him, which having blood stains, was seized vide seizure memo dated 14.03.2011 (Ex.P/8). The incriminating material, referred to supra, seized by the I.O. viz. clothes of the deceased, her hair, blood stained soil and control soil collected from the house as well as the field, the blood stained shirt of the accused, a blood stained stone recovered in furtherance of the disclosure statement made by the accused were all forwarded to the FSL for serological examination. A report (Ex.P/33) dated 13.04.2011 was received from the laboratory with a conclusion that the saree and blouse of the deceased, the blood smeared soil collected from the field, the blood stained soil collected from the house and the shirt recovered from the person of accused all tested positive for presence of 'B' Group blood. Charge-sheet was filed against the accused appellant for the offences punishable under Sections 302 and 201 IPC. As these offences were sessions triable, the
