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2020 Supreme(UK) 199
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sudhanshu Dhulia, Narayan Singh Dhanik, JJ.
Bhaskar Joshi - Appellant
Versus
State Of Uttarakhand - Respondent
Criminal Appeal No. 214 of 2015
Decided On : 14-02-2020
R.S. Sammal, Advocate, B.S. Bhandari, Advocate, J.S. Virk, Advocate, R.K. Joshi, Advocate, Shivali Joshi, Advocate
The main legal point established in the judgment is the reliance on circumstantial evidence to establish guilt beyond a reasonable doubt.
Headnote:
Criminal Appeal - Conviction under Section 302 of IPC - Summary of Acts and Sections: IPC Section 302, IPC Section 376 - The court discussed the evidence related to the inquest, forensic reports, medical examinations, and witness testimonies. The key legal provisions of IPC Section 302 and IPC Section 376 were interpreted in the context of the circumstantial evidence presented by the prosecution, leading to the establishment of guilt beyond a reasonable doubt.
Fact of the Case:
The case involved the murder of a young working woman who was found dead in a sugarcane field. The appellant was convicted under Section 302 of IPC based on circumstantial evidence.
Finding of the Court:
The court found that the prosecution had established the guilt of the accused beyond a reasonable doubt based on circumstantial evidence, including forensic reports, medical examinations, and witness testimonies.
Issues: The key issues included the reliability of forensic evidence, witness testimonies, and the interpretation of circumstantial evidence in establishing guilt beyond a reasonable doubt.
Ratio Decidendi: The court relied on the chain of circumstantial evidence, including forensic reports, medical examinations, and witness testimonies, to establish the guilt of the accused beyond a reasonable doubt.
Final Decision: The criminal appeal was dismissed, affirming the judgment and order passed by the lower court.
JUDGMENT
Sudhansu Dhulia, J. - This criminal appeal has been filed by the appellant against the judgment and order dated 27.06.2015 and 30.06.2015 passed by the First Additional Sessions Judge, Haldwani, District Nainital in Session Trial No. 46 of 2009, whereby the appellant has been convicted under Section 302 of IPC and has been sentenced for life imprisonment with a fine of Rs.5,000/- (Rupees Five Thousand only), with default stipulations.
2. The deceased was a young 24 year old unmarried working woman who used to work for a "Z King Hardware Networking" shop, which was at "Bhotiya Parav", Haldwani (Nainital District). Her house was at some distance from the shop in a remote peripheral area of Haldwani town, which was in fact a village called "Padampur Devaliya", Police Station Lalkuan. Her daily routine was to proceed early morning for her work at about 08:00-08:30. She used to walk towards the main road at "Moti Nagar", from where she usually took an auto rickshaw or a three-wheeler which took her to her work place i.e. the shop at "Bhotiya Parav", Haldwani. By evening at about 06:00 PM, she used to finish her work and return home taking the same route.
3. As per the prosecution case, on the fateful day of 19.11.2008, the deceased proceeded as usual in the morning for her work. After completing the day's work at the shop at about 06:00 P.M., she left the shop for her house. Like usual a three-wheeler took her to Moti Nagar, from where she walked towards her house. It was already dark by this time, considering it was the month of November. She never reached her home.
4. Meanwhile as she had not returned by 08:30 PM, her relatives (with whom she was staying), tried to contact her, but in vain. Her father who resides in a village called "Diyari" at Bhowali" was informed. In the morning the dead body of this girl was found in the sugarcane field of the village. The body was naked and a belt kind of thing was wrapped round her neck, from which she was apparently strangulated to death. There was blood stain around her body and blood was also oozing out from her vagina. Her purse, clothes, etc., were lying scattered nearby.
5. The inquest was conducted on 20.11.2008 at 01:00 PM. The sugarcane field where the body of the deceased was found was of Mohan Singh Bisht, which was just across the road. For reasons of propriety, the body was covered by a bed-sheet and was examined in presence of a lady constable. The following articles were recovered near her body.
(i) A red and white coloured ball pen in which it was written Z King. The pen was stained with blood.
(ii) A key chain with one key.
(iii) A pocket diary was found lying on her chest, which had records of some telephone numbers.
(iv) A small envelope was also found on her chest that had a few passport size photographs of the deceased.
6. There was blood, mixed with the soil, all around the body of the deceased. When the body was examined by the lady Constable in presence of others, the left hand of the deceased was on her chest. The fingers of this hand had hair stuck on them. These hair were recovered and kept in a separate packet.
7. The FIR dated 20.11.2008 was lodged at 10:00 AM by the father of the deceased who had by this time reached the spot. The FIR states that the age of his daughter is 24 years who stays in Village "Padampur Devaliya", Post "Mota Haldu" with the brother-in-law of her father called Ramesh Chand Durgapal and works in a Hardware Shop called "Z King Hardware Networking", which is at Bhotiya Parav, Haldwani. Each day, she used to leave her house at 08:30 A.M. from where she used to go to Moti Nagar and from there she used to go to her work place on a three wheeler. Yesterday, like any other day, when she had gone to her work, but as she did not return by evening at 07:00 P.M., a search was made by his brother-in-law and others, but in vain. In the morning, they were told that a dead body of a woman was lying in sugarcane field of one Mohan Singh Bisht, w
