IMPORTANT POINT
Circumstantial evidence must establish a complete chain of circumstances excluding reasonable doubt for a conviction under Section 302 IPC.

JUDGMENT :

Rajendra Prakash Soni, J.

1. This appeal is directed against the judgment and order dated 24.05.1996 rendered by the Additional District & Sessions Judge, Nimbaheda in Sessions Case No. 152/1994 whereby, the appellant was held guilty of offence punishable under Section 302 of the Indian Penal Code and was sentenced for life imprisonment and fine with default clause.

2. The accused was charged and tried for allegedly committing murder of Bhana Gurjar on 21.09.1994 by causing grievous hurt to him on vital parts of his body.

3. The facts necessary to be noticed for disposal of the present appeal against conviction, briefly stated, are that on 21.09.1994, a report written by Moti (PW-4) was submitted by Udailal (PW-3) to the Police Station Bhadsora stating, inter alia, that body of Bhana Gurjar was lying on the road and Police was requested to come to the place of occurrence and take required action. The SHO of Police Station Bhadsora, District Chittorgarh reached the place of occurrence and undertook the required proceedings. The postmortem of deceased Bhana Gurjar was conducted.

4. A formal FIR was registered, investigation was commenced and after completion of the investigation, the charge-sheet was filed against the accused Narayan. After the case was committed to the Court of Sessions, the appellant was put to trial and stood charged for the offence punishable under Section 302 of the Indian Penal Code. The appellant denied the charges and claimed to be tried.

5. To bring home the guilt of the appellant, prosecution examined as many as 15 witnesses and also got exhibited 14 different documents and various articles during the trial. Upon being confronted with the allegations set out in the evidence of the prosecution, the appellant denied all incriminating circumstances and evidence put to him and claimed that he had been falsely implicated and is innocent. In defence, no oral evidence was produced by the appellant but as many as 4 different documents were exhibited in support of his defence.

6. The trial Court, while relying upon the circumstantial evidence, convicted and sentenced the appellant, as indicated above. Hence, this appeal.

7. We have heard and considered the submissions advanced at Bar and have gone through the impugned judgment. We have thoroughly re-appreciated the evidence available on record.

8. The trial Court, after consideration of the entire evidence on record, convicted the appellant holding that the circumstantial evidence relied upon by the prosecution inspires confidence and was sufficient to prove the charge levelled against the appellant beyond reasonable doubt.

9. The trial Court went on to decide and hold that:

“It is true that the name of the accused Narayan was not mentioned in the First Information Report; The argument of the defene appears to be acceptable that the extra-judicial confession made before witnesses Narayan and Kishan Singh cannot be accepted; Although, material witnesses Bhagwana and Shankerlal have been declared hostile yet there is strong circumstantial evidence on record against the accused Narayan; The defence of accused that scene of occurrence could not be considered established as no blood was found there, is not acceptable because it has been proved beyond doubt that the place of occurrence was the field of the accused Narayan; There was a peanut crop in the field of the accused Narayan and beyond that, was the field of the deceased Bhana wherein grass was growing. If the investigating officer did not found blood in the field, it does not raise any doubts because no other person could have murdered Bhana. Accused Narayan had enmity with Bhana over a land dispute. Bhana was completely blind and has no enmity with anyone else. There was no reason for the Police to fabricate a false case against the accused.

The investigating officer Jagmohan did not show any bias in conducting the investigation. Even if the recovery of sticks and other items/articles is ignored and not given