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2003 Supreme(All) 1424
HIGH COURT OF ALLAHABAD
U.S.Tripathi, D.P.Gupta
RAM BHAROSEY
Versus
STATE OF U P
Decided On : 11 July 2003
Criminal Appeal No. 1694 of 1981
A.B.L.Gaur, R.P.SINGH, RAVINDRA SINGH,
The judgment establishes the principles for evaluating circumstantial evidence to establish guilt in murder cases.
Headnote:
Criminal Law - Murder - IPC Section 302, IPC Section 201 - The judgment discusses the circumstantial evidence, including motive, last seen theory, and extra-judicial confession, to establish the guilt of the accused under Sections 302 and 201 of the Indian Penal Code.
Fact of the Case:
The appellant was convicted for the murder of a young boy who was last seen with him. The prosecution relied on circumstantial evidence to establish the guilt of the accused.
Finding of the Court:
The court found that the circumstantial evidence, including motive, last seen theory, and extra-judicial confession, was sufficient to establish the guilt of the accused.
Issues: The key issues were the establishment of guilt based on circumstantial evidence, including motive, last seen theory, and extra-judicial confession.
Ratio Decidendi: The court relied on the principles laid down by the apex court in Sharad Birdhi Chand Sarda v. State of Maharashtra and Bodh Raj @ Bodha and others v. State of Jammu and Kashmir to evaluate the circumstantial evidence and establish the guilt of the accused.
Final Decision: The appeal was dismissed, and the conviction of the appellant for murder under Sections 302 and 201 of the IPC was upheld.
This appeal has been directed against the judgment and order dated 28-7-1981 passed by the then VIIIth Additional Sessions Judge, Etah in Sessions Trial No. 165 of 1981 convicting appellant Ram Bharosey under Section 302 IPC and 201 IPC and sentencing him to undergo imprisonment for life under Section 302 and RI for a period of one year under Section 201 IPC. Both the sentences were ordered to run concurrently.
2. The prosecution story, briefly stated, was that the appellant Ram Bharosey, Umesh Chandra (PW 1) and his younger brother Dinesh (9) deceased, were residents of village Kamalpur Mai, P. S. Sakeet, District Etah. Father of Umesh Chandra (PW 1) had died some 8 years ago leaving behind his 5 sons. Dinesh (9) deceased was youngest amongst his brothers. His three elder brothers Mahesh Chandra, Suresh Chandra and Girish Chandra were living at Firozabad. Dinesh deceased alongwith his brother Umesh Chandra (PW 1) and mother was residing at village Kamalpur Mai.
3. During consolidation operation, a well of Umesh Chandra (PW 1) had gone into chak of Ram Bharosey appellant and the appellant Ram Bharosey had to pay its compensation to Umesh Chandra (PW 1) and his brothers. But he did not pay the same. Therefore, Umesh Chandra and his brother had filed a suit and then Ram Bharosey paid compensation. On account of it, there was enmity between the parties. A year before the occurrence, Ram Bharosey appellant had beaten Mahesh Chandra elder brother of Umesh Chandra (PW 1 ).
4. On the evening of 24-2-1981 at about 4 p. m. Dinesh deceased was playing in the village. Umesh Chandra (PW 1) returned from School at 5 p. m. and did not find Dinesh deceased at his house. He searched him in the village and in the nearby fields, but he could not be traced. On the next morning Umesh Chandra (PW 1) and his mother were again searching Dinesh deceased. At about 10 a. m. when Umesh Chandra (PW 1) reached near the house of Ajay Pal (PW 2) and Mahendra Singh (PW 6) they told him that on the previous evening at about 5 p. m. they had seen Ram Bharosey appellant and his son Aaram Singh taking Dinesh deceased towards village Noorpur. Thereafter, Umesh Chandra (PW 1) taking Kitab Singh (PW 3), Lalta Singh (PW 4) and Ram Khilaf went to the house of Ram Bharosey and enquired from him about Dinesh deceased. Firstly, he did not tell anything, but on pressure laid by the villagers Ram Bharosey told that he and his son Aaram Singh had cut Dinesh deceased with Khurapi and threw him into the well of Tara Singh, Pradhan. Thereafter, Umesh Chandra (PW 1) alongwith other persons went to the well of Tara Singh in which dead body of Dinesh deceased was seen. The dead body was taken out from the well. It had injuries and there were cut marks on ear and neck. Leaving the dead body at the well Umesh Chandra (PW 1) came to his house and prepared report (Ext. Ka-1 ). He went to police station Sakeet alongwith Kishan Lal, Ram Khilaf and Pratap Singh and lodged report there at 7. 10 p. m. on 25-2-1981. The chik FIR (Ext. Ka-10) was prepared by Head Constable Karan Singh, who made an endorsement of the same at GD report and registered a case against Ram Bharosey and his son Aaram Singh under Sections 302 and 201 IPC.
5. The investigation of the case was taken up by Hira Lal Sharma, IO (PW 7 ). He proceeded to the village of occurrence on 25-2-1981 alongwith Station Officer Onkar Singh. The dead body of deceased was lying at the house of Umesh Chandra (PW 1) where Hira Lal Sharma conducted inquest of the dead body and prepared inquest report (Ext. Ka-3) and other relevant papers. He sealed dead body and sent it for post- mortem.
6. The IO interrogated witnesses on 26-2-1981. He inspected place of occurrence and prepared site plan (Ext. Ka-8 ). On completion of investigation Onkar Singh submitted charge sheet (Ext. Ka-8) against Ram Bharosey and Aaram Singh.
7. Cognizance of the case was taken up by the Magistrate, who committed the case to the Court of Sessio
