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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ MISRA, SYED AFTAB HUSAIN RIZVI, JJ.
Rajendra Prasad Sharma @ Toni @ Sonu – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 5453 of 2007
Decided On : 25-05-2022
Criminal Appeal - Murder - Section 302 IPC - [MURDER] - [Criminal Appeal] - [Section 302 IPC] - The court acquitted the appellant of the charge of murder under Section 302 IPC based on circumstantial evidence. The prosecution failed to establish conclusive evidence and motive for the crime, and the appellant was acquitted due to lack of proof beyond reasonable doubt.
Fact of the Case:
The appellant was convicted and sentenced for the murder of a girl found dead in a room he rented. The prosecution alleged that the deceased and the appellant were related and had an intimate relationship, which was not acceptable to their relatives. The prosecution presented circumstantial evidence, including the discovery of the body, autopsy report, and the appellant's alleged abscondence.
Finding of the Court:
The trial court convicted the appellant based on circumstantial evidence, including the deceased being last seen entering the appellant's room, the discovery of the body, and the appellant's alleged abscondence. The trial court inferred the appellant's guilt due to the absence of a good explanation from the appellant.
Issues: The main issue was the sufficiency of circumstantial evidence to establish the guilt of the appellant beyond reasonable doubt, as the prosecution failed to provide conclusive evidence and motive for the crime.
Ratio Decidendi: The court applied the legal principle that in a case based on circumstantial evidence, the prosecution must establish a chain of circumstances so complete as to exclude every reasonable ground for a conclusion consistent with the innocence of the accused. The court also emphasized the importance of motive in a case based on circumstantial evidence.
Final Decision: The court acquitted the appellant due to the lack of conclusive evidence and motive for the crime, extending the benefit of doubt to the appellant.
JUDGMENT :
1. We have heard Sri Vikram Singh Srivastava as an Amicus Curiae, appointed under order dated 18.05.2022, for the appellant, who is in jail; Sri J.K. Upadhyay, learned AGA, for the State and have perused the record.
2. This appeal is against the judgment and order dated 29.03.2007/30.03.2007 passed by the 16th Additional Sessions Judge, Kanpur Nagar in S.T. No. 216 of 2005 thereby, convicting and sentencing the appellant under Section 302 IPC to imprisonment for life.
INTRODUCTORY FACTS
3. The prosecution case, in brief, is that the appellant was a tenant of a one room accommodation owned by PW-1 (Ashok Kumar Tiwari). On 02.06.2004, when foul odour was sensed, the lock of the room was broke open to notice dead body of a girl dressed in a bridal attire lying on a cot. From that room a Sindurdan, Bindi, Lipstick, Broken bangles and few metal articles were recovered of which a seizure memo (Ex.Ka-2) was prepared. A piece of blanket over which the dead body was lying was also seized of which seizure memo (Ex.Ka-3) was prepared. Blood stained floor and plain floor of the spot from where the body was recovered was also lifted of which seizure memo (Ex.Ka-4) was prepared. Inquest was conducted on 02.06.2004, at about 11.45 am. An inquest report (Ex.Ka-5) was prepared. The body was thereafter sealed and sent for autopsy. The autopsy was conducted on 03.06.2004 at about 12.15 pm by PW-5. The autopsy report (Ex.Ka-8), inter-alia, recites as follows:
Aged 15 years. Average built body. Rigor mortis passed off both the extremities. Both eyes bulging out, mouth open, tongue protruding out, abdomen distended, skin peeled off at places. Skull hairs loose, nails loose. Maggots present, 1 cm long all over the body.
Ante-mortem injuries:
Incised wound 9 cm x 6 cm front of neck, 3 cm below chin, skin, muscles, trachea absent. Both carotid arteries cut.
Internal Examination:
Stomach contained 20 ml water fluids. Small intestine half full with gases. Large intestine contains faecal matter with gases.
Opinion:
Death due to haemorrhage and shock as a result of ante-mortem injuries.
Estimated time of death: Two days before.
4. Prior to the inquest, a written report (Ex.Ka-1) dated 2.6.2004 in respect of discovery of the body from that room was made at Police Station Kalyanpur, District Kanpur Nagar by Guru Prasad Sharma (PW-2), which was registered as Case Crime No. 338 of 2004, at 9.45 am of which a chik FIR (Ex.Ka-6) was prepared by PW-4. In this written report, it was alleged that the room from where the body was recovered was in the tenancy of the accused-appellant (Sonu) whose owner was Ashok Tiwari (PW-1). It was alleged that the accused-appellant used to work as a carpenter and used to stay alone in that room though he was a permanent resident of village Naruwa Kohawa, P.S. Kakwan, District Kanpur Nagar. It was also alleged that the appellant and Km. Seema (the deceased) were related to each other. Despite being related to each other, they had developed an intimate relationship which was not acceptable to Chhotey Lal (not examined), the father of the deceased, and when this relationship was discovered, people had objected to it and made Seema and Sonu understand that they should stay away from each other. The report also alleges that in the night of 30.05.2004, Sonu (the appellant) had invited Km. Seema (the deceased) to his room and in the morning of 31.05.2004, like usual, locked the room and went away, whereafter, on 02.06.2004, when foul odour emitting from the room was sensed, tenants including the landlord got the lock broken to discover the body.
5. After investigation, PW-6 submitted a charge sheet (Ex.Ka-9) against the appellant. After cognizance on the charge sheet, the matter was committed to the court of session where the appellant was charged for the offence of murder punishable under Section 302 IPC, vide order dated 16.07.2005. The appellant pleaded not guilty and claimed for trial.
PROSECUTION EVIDENCE
6. During the c
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