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2019 Supreme(P&H) 236

IN THE HIGH COURT OF PUNJAB AND HARYANA
RAJIV SHARMA, KULDIP SINGH, JJ.
RAKESH @ TINKU - Appellant
Versus
STATE OF U T CHANDIGARH - Respondent
Criminal Appeal (D) No. 1693, 1905 of 2014
Decided on : 08-02-2019

Advocates:
Advocate Appeared:
Jasdev Singh Mehndiratta, Adv., H.S. Jaswal, Adv., Anil Kumar Lamdharia, Adv.

Headnote:

Murder - Criminal Law - IPC 302/34 - The judgment discusses the prosecution's case against the accused for the murder of Deepak @ Deepu. The court analyzed the evidence, including witness testimonies, forensic reports, and extra-judicial confessions, and found that the prosecution failed to prove the case beyond reasonable doubt. The appeals filed by the accused were allowed, and they were acquitted of all charges.

Fact of the Case:

The prosecution alleged that the accused, Rakesh @ Tinku and Jagpal, murdered Deepak @ Deepu in the forest area of Sector-26, Chandigarh. The case was based on circumstantial evidence, including witness testimonies and forensic reports. The motive attributed to the accused was that Deepak @ Deepu had illicit relations with the sister-in-law of accused Jagpal @ Gaggi.

Finding of the Court:

The court found that the prosecution failed to prove the case against the appellants beyond reasonable doubt. It noted discrepancies in witness testimonies, lack of corroboration for the motive, and deficiencies in the forensic reports. As a result, the appeals filed by the accused were allowed, and they were acquitted of all charges.

Issues: The key issues in the case included the reliability of witness testimonies, the sufficiency of circumstantial evidence, and the establishment of the motive for the murder.

Ratio Decidendi: The court emphasized the importance of proving a case based on circumstantial evidence and the need for a complete chain of evidence. It also highlighted the significance of establishing a motive in cases based on circumstantial evidence.

Final Decision: The appeals filed by the accused were allowed, and they were acquitted of all charges. The judgment dated 9.9.2014 and order dated 11.9.2014 were set aside, and the accused were ordered to be released forthwith.

JUDGMENT :

RAJIV SHARMA, J.

1. Since common questions of law and facts are involved in these appeals bearing CRA-D No. 1693-DB and CRA-D No. 1905-DB of 2014, the same are being disposed of by a common judgment.

2. The present appeals are instituted against the judgment dated 9.9.2014 and order dated 11.9.2014, rendered by Sessions Judge, Chandigarh, in Sessions Case No. 444 of 21.11.2013, vide which accused Rakesh @ Tinku and Jagpal, who were charged with and tried for the offence punishable under Sections 302/34 IPC, were convicted and sentenced as hereunder:-

Name of the convict

Under Section

Sentence

Rakesh @ Tinku

302/ 34 IPC

Imprisonment for life and to pay fine of Rs. 20,000/-. In default of payment of fine, to undergo further RI for two years.

Jagpal

302/ 34 IPC

Imprisonment for life and to pay fine of Rs. 20,000/-. In default of payment of fine, to undergo further RI for two years.

3. The case of the prosecution in a nutshell is that on 14.8.2013 a wireless message was received by Inspector Anokh Singh, SHO, Police Station, Sector-26, Chandigarh, that a dead-body was found in the jungle area near Kishangarh, U.T. Chandigarh. Inspector Anokh Singh along with his Gunman Constable Arun Kumar, reached the spot in Government vehicle. Kaka Singh, Chowkidar, Forest Department, got his statement recorded, to the effect that he was working in the Forest Department. He was on duty at 8.00 A.M. and was going to Bapu Dham Colony from Kishangarh in the jungle area. When he reached near Katchi lake, he noticed that one young boy was lying and lot of blood had scattered around him. The skull of the said person was badly damaged by someone. His statement is Ex.P2. CFSL Team was called at the spot. Spot was photographed. Formal FIR, Ex.P63, was registered. From the spot, one blood stained big stone, blue colour button, disposable syringe, empty bottle of Limca cold drink, blood stained silver colour chain and blood stained bush leaves were taken into possession by the police. Dead-body was sent for post-mortem examination. News was flashed in newspapers and Doordarshan TV Channel. Dead-body was sent to the mortuary of Government Multi Specialty Hospital, Sector-16, Chandigarh. On 16.8.2013, the dead-body was identified as that of Deepak @ Deepu. On the same day, PW2 Shiv Kumar disclosed that extra- judicial confession had been made before him by accused Jagpal @ Jaggi. On the basis of disclosure statement, accused Jagpal @ Jaggi was arrested vide memo, Ex.P54. On 17.8.2013, accused Rakesh @ Tinku was also arrested vide memo, Ex.P55. They made disclosure statements, Ex.P56 and Ex.P57. The accused led the police party to the place where the murder was committed by them, from where blood stained stone was recovered. It was taken into possession after making separate parcels. Both the accused got recovered their clothes and the same were sent to Central Forensic Science Laboratory, Sector 36, Chandigarh. Investigation was completed and challan was put up after completion of all the codal formalities.

4. The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Section 313 Cr.P.C. They denied the case of the prosecution. The accused were convicted and sentenced, as noticed above. Separate appeals have been filed by the appellants against the judgment and order of the learned trial Court.

5. Learned counsel appearing on behalf of the appellants vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State vehemently argued that the prosecution has proved its case beyond reasonable doubt and supported the judgment and order of the learned Court below.

6. We have heard learned counsel for the parties and gone through the judgment and record very carefully.

7. Pw1 Rajnish Kumar testifi






























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