Direct eyewitness testimony sufficient for murder conviction under Section 302 IPC despite no motive; absence of motive not fatal if evidence reliable and conclusive.

Judgment :

Romesh Verma, J.

The present appeal arises out of the judgment/order of conviction, as passed by the learned Sessions Judge, Sirmaur District at Nahan, on 27.11.2019, whereby the present appellant has been convicted to undergo imprisonment for life and to pay a fine of Rs.10,000/- for offence punishable under Section 302 of the Indian Penal Code (for short ‘IPC’) and in default of payment of fine to undergo further imprisonment for a period of six months, in Sessions Trial No.39-ST/7 of 2016, in case FIR No.07/16, dated 20.01.2016, registered at Police Station, Kala Amb, District Sirmaur H.P.

2. The case of the prosecution is that on 20.01.2016, Shri Virender Parmar, Pradhan, Gram Panchayat, Trilokpur, telephonically informed at Police Station, Kala Amb that one dead body of a girl is lying in the forest near ‘Lalita Devi Temple, Trilokpur’. On this information, Head Constable Shamim Akhtar No.212 along with Head Constable Ram Lal No. 451, HHC Ravinder Kumar No.97 and Lady Constable Asha No. 646 in a government vehicle bearing No.HP-17A-6891, which was being driven by driver Ashok Kumar, reached at the spot. Head Constable Shamim Akhtar also telephonically informed Incharge, Police Station, ASI Jai Dev, who had gone to attend a meeting in the Office of the Superintendent of Police at Nahan, also reached on the spot. In the jungle, a pedestrian path which led towards ‘Lalita Mata Temple’, dead body of a girl covered with ‘shawl’ was found in the hillock. On inspection of the spot and dead body, one rope was found tied around the neck of the girl and marks of strangulation were found on her neck. In the meantime, an eye witness regarding the incident, Shri Rinku Ram (PW1), son of Shri Sumer Singh, resident of VPO Trilokpur, Tehsil Nahan, District Sirmaur, H.P., got recorded his statement under Section 154 Cr.P.C., stating therein that he is having a shop of ‘Prasad’ at Trilokpur near ‘Lalita Temple’. According to complainant (PW1), on 20.01.2016, when he was present in his shop along with Shri Karam Chand, Chowkidar of the temple, then at about 12.30 p.m., one boy, who was wearing a black ‘jean’ and sweater and a girl, who was wearing a red colour ‘sari’ and sweater purple in colour, came to his shop, purchased ‘Prasad’ and then went to the temple. According to PW1, the boy was of the age of about 26-27 years and the girl was in between the age of 23-24 years. After paying obeisance in the temple, they returned back. After some time, PW1 went to cut grass near ‘Shiv Temple’ and when he reached near the temple, he found the same boy and girl sitting by the side of the path and when he was cutting grass, they were found sitting on the wall. In the meantime, the boy pushed the girl downwards the ‘hillock’ and the body of the girl stopped in the hillock after rolling for some time. The boy descended from the wall and the girl to save herself from the boy went here and there in the hillock. PW1 tried to call the Chowkidar, who could not hear his call due t