Dismissed

State v. Smt Hastu Devi

Rajasthan HC31 May 2018CRLLA/46/2017

Case brief

AI extract

What is this about?

The High Court dismissed the Criminal Leave to Appeal filed by the State against the trial court's acquittal of the respondent. The court held that the prosecution's reliance on circumstantial evidence, specifically matching blood groups without last seen evidence, failed to prove the case beyond reasonable doubt, citing Sharad Birdhichand Sarda.

What did the court decide?

Criminal Leave to Appeal filed by the State of Rajasthan is dismissed. The acquittal of the respondent is affirmed.

State Vs Smt Hastu Devi — Murder and Culpable Homicide | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Crml Leave To Appeal No. 46 / 2017

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----Appellant

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Versus

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Smt. Hastu Devi W/o Shri Roopa Balai, Bahadurpura, P.s. Shakkargarh, Distt. Bhilwara.

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----Respondent

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For Appellant(s) : Mr. Vishnu Kachhawa, PP

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For Respondent(s) :

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HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

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HON'BLE MR. JUSTICE RAMCHANDRA SINGH JHALA

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Judgment / Order

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Per Hon'ble Mr. Justice Gopal Krishan Vyas

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31/05/2018

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The instant cr. leave to appeal has been filed by the State of Rajasthan under Section 378 (iii) and (i) of the Cr.P.C. against the judgment dated 24.8.2016 passed by the learned Addl. Sessions Judge, Shahpura, District Bhilwara in Sessions Case NO.19/2015 whereby the learned trial court acquitted the respondent Smt. Hastu Devi from the charge levelled against her under Section 302 and 201 IPC.

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As per the facts of the case upon written complaint

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(2 of 4)

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[ CRLLA-46/2017 ]

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submitted by the complainant on 10.9.2015 before the SHO Police Station Shakkargarh at Community Health Center, Jahajpur, FIR was registered against unknown person. In the complaint, it is stated that his uncle Devi Lal aged about 55 years was living alone in his house because aunt of complainant was expired before 1213 years. It is also stated that Devi Lal’s son was lining with his material uncle and on the date of occurrence Devi Lal purchased tea, sugar and chilly from his shop and paid Rs.60/-. As per the complainant today at about 4-5 pm a woman of village told that dead body of Devi Lal is lying in the bushes of Babool near the way of temple of Mataji. On the complaint and his family members went on the spot and saw that neck of Devilal was cut down by unknown person.

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After registration of FIR no.119/2015 under Section 302 IPC investigation was commenced and after investigation, chargesheet was filed against the accused respondent in the court of Munsif Magistrate, Shapura on the basis of circumstantial evidence under Section 302 and 201 IPC. The case was committed by the Magistrate and, thereafter, the learned trial court proceeded for trial. The learned trial court after framing charge granted an opportunity to the prosecution to lead evidence. The prosecution led evidence of 20 witnesses and exhibited 28 documents. Thereafter, the statement of respondent accused were recorded under Section 313 Cr.P.C The respondent in her statement recorded under Section 313 Cr.P.C. denied all the allegations and said that she is innocent.

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The learned trial court finally heard the arguments of both

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(3 of 4)

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[ CRLLA-46/2017 ]

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the parties and acquitted the respondent from the charge levelled against her under Section 302 and 201 IPC vide judgment dated 24.8.2016.

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The instant cr. leave to appeal has been filed by the State of Rajasthan so as to challenge the judgment dated 24.8.2016 passed in Sessions Case No.19/2015 by the learned Addl. Sessions Judge, Shahpura, District Bhilwara.

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Learned Public Prosecutor vehemently argued that although there is no evidence of last seen, but there is evidence of blood group upon the cloths of the accused was matching with the blood of the deceased, therefore it is important aspect of the matter that prosecution has proved its case beyond reasonable doubt to connect the respondent with the crime, therefore, it is a fit case for granting leave to appeal.

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After hearing learned Public Prosecutor we have perused the finding of the learned trial court in the judgment impugned. It is admitted position of the case that the entire prosecution case is based upon the circumstantial evidence and charge-sheet was filed only on the basis of circumstantial evidence, but prosecution has failed to prove prosecution case for last seen and only on the basis of blood group match with the weapon recovered at the instance of the respondent tried to prove the case. After considering the entire facts of the case, in view of the judgment rendered by the Hon'ble Supreme Court in the case of Sharad Birdhichand Sarda Vs. State of Maharastra reported in AIR 1984 (SC) 1622, we are of the opinion that prosecution is required to prove complete chain of circumstances so as to connect the

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(4 of 4)

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[ CRLLA-46/2017 ]

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accused with the crime, but in this case, prosecution has failed to prove its case beyond reasonable doubt. Therefore, it is not a fit case in which leave to appeal can be granted.

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Consequently, this cr. leave to appeal is hereby dismissed.

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(RAMCHANDRA SINGH JHALA) J. (GOPAL KRISHAN VYAS) J.

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cpgoyal/ps

State v. Smt Hastu Devi

Case brief

What is this about?

What did the court decide?

State v. Smt Hastu Devi

Case brief

What is this about?

What did the court decide?

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