STATE OF RAJASTHAN Vs. RAJARAM

JUDGEMENT

(1.) The State of Rajasthan is in appeal questioning legality of judgment of the High Court of Rajasthan at Jodhpur Bench, holding that the respondent was innocent and was entitled to acquittal from the charges levelled against him for alleged commission of offence punishable under Section 302, Indian Penal Code, 1860 (for short IPC). The accused was held to be guilty by the learned Additional Session Judge, Hanumangarh who awarded a death sentence on finding the accused guilty.

(2.) Accusations which laid foundation of the prosecution case reveal that information was given by Sahi Ram (PW-6) on 20-12-1989 at about 7.15 a.m. at the Sangaria Police Station to the effect that his younger brother was responsible for homicidal death of 5 persons, that is, his father, younger brother, the younger brothers wife and their two children. The killings were on account of gunshots and murders were committed on 19-12-1989. On the basis of information lodged investigations were undertaken and on completion thereof charge sheet was filed stating that offences punishable under Section 302 IPC and Section 27 of Indian Arms Act, 1959 (for short Arms Act) were committed, the appellant was described as the assailant. In order to further its version, 7 witnesses were examined. The prosecution version rests on circumstantial evidence. The accused examined himself as DW-1 and placed on record materials to attack the credibility of evidence tendered by PW-3 and 4; more particularly it was stated that they were not favourably disposed towards him, and had falsely implicated him. Accepting the version of Vinod Kumar (PW-3) and Nand Ram (PW-4) before whom allegedly the accused made extra judicial confession, the Trial Court found the accused guilty of offence punishable under Section 302 IPC as noted above and awarded death sentence in addition to the fine of Rs. 5000. However, it was found that the accusations relating to Section 27 of the Arms Act were not established. As death sentence has been awarded, a reference was made to the High Court under Section 366 of the Code of Criminal Procedure, 1973 (in short the Code) for confirmation. An accused also filed an appeal. In appeal as noted at the threshold, the High Court found the evidence to be inadequate to fasten the guilt on the accused and, therefore, prosecution version to be vulnerable. The evidence of PW-3 and PW-4 which formed foundation of the Trial Courts judgment did not find acceptance by the High Court finding the evidence to be unreliable and incogent.

(3.) The learned counsel for the appellant-State in support of the appeal submitted the approach of the High Court is erroneous. There was no infirmity in the evidence of PW-3 and PW-4 to warrant rejection of their evidence. They were related to both the accused and the deceased and there is no reason as to why they would falsely implicate the accused. Conduct of the accused, which was found to be suspect by the trial Court, has been overlooked by the High Court while directing acquittal. The wearing apparels of the accused contained bloodstains and since the accused did not explain as to how the bloodstains appeared on such apparels, that itself is a suspicious circumstance, which the High Court overlooked.