Appeal against acquittal of four accused charged with murder under IPC Sections 302, 201, 364, 120B and SC/ST Act. High Court upheld acquittal, finding prosecution failed to prove chain of circumstances linking accused to the incident.
Appeal rejected; record remitted to trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[CRLAD-110/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Appeal No. 110/2022
Kishan Lal S/o Kalu Ji Bheel, Aged About 37 Years, R/o Galwa Bhilwad Ps Kunwariya Dist. Rajsamand Raj.
----Appellant
Versus
----Respondents
| For Appellant(s) | : | Mr. Vishan Das |
|---|---|---|
| For Respondent(s) | : | Mr. R.R. Chhaparwal,PP |
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR
JUDGMENT
06/12/2022
The instant appeal has been preferred by appellant-Kishan Lal for assailing the judgment dated 04.04.2022 passed by learned Special Judge, SC/ST Cases, Rajsamand in Sessions Case No.27/2019 whereby the respondent Nos.2, 3 and 4 charged under Section 302, 201, 364, 120B IPC and Section 3 (2) (v) of SC/ST Act were acquitted.
Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:-
A written complaint (Ex.P/4) dated 23-06-2017 was presented by one Shri Devi Lal (P.W.3) alleging inter alia that one
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Roop Lal had been looking after his farms, working as an agriculturist for 7 years. Roop Lal used to come to his house for food and later to sleep at night. On 23.06.2017, complainant Shri Devi Lal went to the farm around 6:30 AM but did not find Roop Lal there, though his bedding and shoes were lying there. He started inquiring about Roop Lal’s whereabouts along with Udai Lal and in the interregnum, they were informed by one Magnaram Teli that a dead body was lying at Bhilwara-Lalukhedi Chouraha. Thus, proceeded to the said location and identified the dead body to be of Roop Lal having head injuries which seemed to have been inflicted using sharp weapons along with an injury around the eyes. Based on this information, an F.I.R. bearing No.99/2017 came to be registered at the Police Station, Kunwaria for offences under Section 302, 201, 364, 120B IPC and Section 3(2)(v) of SC/ ST Atrocities Act against unknown assailants.
At the conclusion of investigation, a charge sheet was filed against the respondents herein for offences under Section 302, 201, 364, 120B IPC and Section 3(2)(v) of SC/ST Atrocities Act. Pursuant thereto, learned Special Judge, SC/ST Cases, Rajsamand framed charges against the respondents herein for the above mentioned offences. The prosecution examined 37 witnesses and exhibited 82 documents to prove its case. The accusedrespondents on being questioned under Section 313 Cr.P.C. stated to be innocent and claimed trial. After hearing the learned Public Prosecutor and defence counsel and appreciating the evidence available on record, the learned trial court, proceeded to acquit the respondents from the charges for the offences punishable under Section 302, 201, 364, 120B IPC and Section 3(2)(v) of SC/ ST Atrocities Act vide judgment dated 04.04.2022 which is
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assailed by appellant -Kishan Lal Defacto the complainant in this appeal against acquittal.
Shri Vishan Das, learned counsel for the appellant vehemently and fervently submitted that the FSL reports clearly indicate that weapons recovered at the instance of the accused had human blood stains. Learned counsel further submitted that the learned trial court failed to appreciate that the location of mobile phones and the call detail record of the accused established that they had hatched a conspiracy to murder Roop Lal. Learned counsel also submitted that the first informant Shri Devi Lal had turned hostile since his daughter Rajudi alias Tina was also an accused in the F.I.R. Learned counsel urged that the accused on being questioned under Section 313, CrPC, failed to provide any explanation for the blood stains found on weapons and clothes, recovered by the police. Learned counsel vehemently urged that the learned trial court only considering that the eyewitnesses turned hostile and there was no last seen witness of the incident, acquitted the accused-respondents while ignoring the gravely incriminating circumstances existing against them on record.
On the strength of these submissions, he contended that the impugned judgment of acquittal is perverse and contrary to the evidence available on record and hence, the same deserves to be reversed.
We have heard and considered the submissions advanced by Shri Vishan Das, learned counsel for the appellant and have carefully perused the impugned judgment.
Having appreciated the entirety of facts and evidence available on record and considering the following circumstances:-
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(i) No independent eye-witness or last seen witness of the incident were produced before the trial court.
(ii) The complainant Devi Lal (P.W.3) stated that no recovery or seizure was made in his presence thereby rendering the recoveries suspicious; he also denied the factum of giving any written report to the police.
(iii) The complainant in cross examination admitted being an illiterate person who only knows how to sign. Further he admitted having signed all the papers at once at R.K. Hospital, without having knowledge as to their contents.
(iv) The nephew of the deceased, Kishan Lal (P.W.4) also admitted having signed blank papers at the mortuary following the instructions of police.
(v) FSL report (Ex.P/82) remained inconclusive as it failed to identify the blood group found on the recovered weapons and clothes and hence the recoveries could not be linked to the deceased.
(vi) No DNA report of the deceased was conducted in order to prove that the articles recovered could be linked to him.
Consequently, the prosecution has failed to prove the chain of incriminating circumstances so as to bring home the charges against the respondents.
The prosecution charge that the respondents murdered Roop Lal is based purely on circumstantial evidence which is to be established by the prosecution through an unbreached chain of circumstances, who has failed to discharge this burden. As noticed above, there was no eye-witness of the incident and the entire prosecution case hinges on phone location and call records which
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in no manner establish any relation between the accused and the incident.
In wake of discussion made herein above, we are of the firm opinion that the allegations of the eyewitnesses that accusedrespondents used sharp weapons to cause death of Roop Lal has not been proved beyond reasonable doubt. The trial court was perfectly justified in acquitting the accused-respondents of charges. The findings recorded by the trial court in the impugned judgment dated 04.04.2022 acquitting the accused are absolutely sound, not suffering from any perversity or illegality.
In the result, the appeal is rejected being devoid of merit. Record be returned to the trial court forthwith.
(KULDEEP MATHUR),J
(SANDEEP MEHTA),J
32-RaviKh/-
2 issues framed by the court
Whether the acquittal of accused respondents charged with murder and atrocities was perverse given the circumstantial evidence.
Whether the prosecution failed to discharge the burden of proof beyond reasonable doubt regarding the chain of incriminating circumstances.
5 provisions across 2 enactments
Kishan Lal S/o Kalu Ji Bheel
State Of Rajasthan
Prabhulal Teli S/o Bhaghu Teli
Bhairulal Gadari S/o Udai Lal
Bahadar Rebari S/o Gulab Rebari
Sandeep Mehta
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
