Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sanjay Karol & Ajay Mohan Goel, JJ.
State of Himachal Pradesh – Appellant
Versus
Vikrant @ Vicky – Respondent
Criminal Revision Petition No.106 of 2013
Decided On : 23-11-2016
Acquittal - Juvenile Offence - Indian Penal Code - Section 302, Section 34
Fact of the Case:
The State filed a Revision Petition against the acquittal of a juvenile charged under Section 302 read with Section 34 of the Indian Penal Code for the murder of Varun Mahajan. The prosecution's case was based on the testimony of witnesses and evidence collected during the investigation.
Finding of the Court:
The Court found that the prosecution failed to establish the essential ingredients required to prove the charged offence. The testimonies of witnesses were contradictory, lacked credibility, and were full of exaggerations and embellishments. The Court also noted discrepancies in the investigation process and concluded that the prosecution did not link the juvenile to the crime beyond a reasonable doubt.
Issues: The key issues revolved around the credibility of witnesses, the reliability of evidence, and the failure of the prosecution to establish the guilt of the juvenile beyond reasonable doubt.
Ratio Decidendi: The Court emphasized that acquittal leads to a presumption of innocence in favor of the accused, and the onus is on the prosecution to dislodge this presumption. It highlighted the importance of clear, cogent, and convincing evidence to prove the guilt of the accused beyond reasonable doubt.
Final Decision: The Court dismissed the Revision Petition, upholding the acquittal of the juvenile. It concluded that the trial Court correctly appreciated the evidence and that no grounds for interference were present.
Sanjay Karol, J.
State has filed the present Revision Petition against the judgment dated 19.9.2012, passed by learned Principal Magistrate, Juvenile Justice Board, Kullu, Himachal Pradesh, in Criminal Case No.12-I of 2010/13 of 2008, titled as State v. Vikrant alias Vicky, challenging acquittal of juvenile Vikrant (hereinafter referred to as the Juvenile), who stands charged for having committed an offence punishable under the provisions of Section 302 read with Section 34 of the Indian Penal Code.
2. It is the case of prosecution that in the night intervening 27th & 28th October, 2007, Varun Mahajan (deceased) alongwith his friends Divesh (PW-3), Lal Chand (PW-4), Arpit & Vinod Kumar (both not examined) were walking on the road somewhere at a place known as Shallang (Kullu). Juvenile Vikrant and main co-accused Manoj Kumar & Gauri Shankar, who also happened to be present there, picked up a fight and assaulted them with dandas. As a result, except Lal Chand, all received serious injuries. Soon co-accused Sanjeev Kumar arrived and forcibly took Varun Mahajan and Divesh Sharma in a vehicle (TATA SUMO). After covering some distance, he threw down Varun Mahajan and asked Divesh Sharma to deboard the vehicle.
3. Body of Varun Mahajan, who died as a result of beatings given by the juvenile and the co-accused, was first spotted by an unknown person, at a place known as Shishamati, information whereof came to be furnished on telephone at Police Post, Akhara Bazar. After recording rapat, SI Ram Karan (PW-18), immediately rushed to the spot and conducted the necessary investigation. Rukka (Ex.PW-14/A), sent to the Police Station, led to registration of FIR No.622, dated 28.10.2007 (Ex.PW-14/B), for commission of offence under Section 279/304A of the Indian Penal Code. With the preparation of inquest report and completion of other formalities on the spot, dead body, so taken into possession was sent for postmortem, which was conducted by Dr. Sushil Chander (PW-14), who issued Postmortem Report (Ex.PW-12/A).
4. In the morning of 29.10.2007, Ashok Mahajan (PW-1), father of the deceased, after reading report in the daily newspaper, about recovery of a dead body of an unidentified person, came to the police station and identified it to be that of his son. Same day, police picked-up samples of blood stained soil ( Bajri) vide memo (Ex.PW-2/A & Ex.PW-2/B), in the presence of Vinay Sharma (PW-2). Investigating Officer also prepared spot map (Ex.PW-14/C).
5. On 30.10.2007, police got Divesh Sharma (PW-3), Vinod Kumar (PW-4), Arpit (PW-5) and Lal Chand (PW-6) medically examined at a government hospital and took on record their medical record (Ex.PW-8/B, Ex.PW- 10/B, Ex. PW-10/A & Ex.PW-8/A, respectively). Their statements, under the provisions of Section 161 of the Code of Criminal Procedure, were also got recorded.
6. Also, police arrested co-accused Manoj Kumar, Gauri Shankar and Sanjeev Kumar on 30.10.2007, 31.10.2007 and 01.11.2007, respectively.
7. On 2.11.2007, Prem Singh (PW-16) handed over possession of the vehicle, allegedly used in the crime, to the police vide memo (Ex.PW-3/A), which led the police lift samples of blood vide Memo (Ex.PW-3/D), in presence of Divesh Sharma and Arpit.
8. On 6.11.2007, co-accused Gauri Shankar made a disclosure statement (Ex.PW-3/D) to the effect that he could get recovered weapons of offence, i.e. Dandas (Ex.P-6,7 & 8), which also were got recovered by him vide memo (Ex.PW-3/F), in the presence of Divesh Sharma and Arpit.
9. Police sent blood stained soil/grit ( Bajri) so lifted from the spot and samples of blood stains lifted from the vehicle, for analysis to the Forensic Laboratory and report (Ex.PB) taken on record. Also, report with regard to viscera of deceased Varun Mahajan, so issued by the State Forensic Science Laboratory, Junga was taken on record.
10. With the completion of investigation, which prima facie revealed complicity of the juvenile in the alleged crime, challan was presented in the
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
