Penal Code, 1860 – Ss. 302, 324 & 450 – Murder – Most of the witnesses of the prosecution turned hostile and presence of eye witness at the place of occurrence has not been proved beyond all reasonable doubt. The testimony of PW.1 cannot be relied upon for his contradictory statements and recovery of axe has not been proved beyond reasonable doubt, therefore, the finding of the trial court for conviction of the accused is not based upon reliable or trustworthy evidence and it is a case in which prosecution has failed to prove its case beyond reasonable doubt.
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Date of Judgment: 7th September, 2017
D.B. Criminal Appeal No. 180 / 2016
Gopal Singh S/o Shri Nand Singh, By caste Rajput, aged 55 years, Resident of Ukhaliya, Shambhugarh, Bhilwara, District Bhilwara. [Presently lodged in Central Jail, Udaipur] —-Appellant Versus State of Rajasthan —-Respondent
For Appellant(s) : Mr. Anil Upadhyay, Amicus Curiae For Respondent(s) : Mr. C.S. Ojha, PP.
J U D G M E N T
The instant criminal appeal has been filed by the appellant- Gopal Singh under Section 374 (2) Cr.P.C. against the judgment dated 27th of November 2015 passed by learned Sessions Judge, Chittorgarh in Session Case No.200/2011, whereby the trial court convicted the accused appellant for offence under Sections 302, 324 and 450 of IPC and passed following sentence: –
302 of IPC: Imprisonment for life along with fine of Rs.10,000/-. In default of payment of fine, to further undergo three months‟ rigorous imprisonment.
324 of IPC: One year‟s rigorous imprisonment along with fine of Rs.5000/-. In default of payment of fine, to further undergo one month‟s rigorous imprisonment.
450 of IPC: Three years‟ rigorous imprisonment along with fine of Rs.5000/-. In default of payment of fine, to further undergo two months‟ rigorous imprisonment.
Initially the instant criminal appeal was filed by Sh. NS. Purohit, but he did not appear on number of occasions, therefore, Mr. Anil Upadhyay, was appointed as amicus curiae to conduct this appeal.
As per facts of the case, upon a complaint (Ex.P/1) submitted by PW.8 Prem Singh on 28.08.2011, F.I.R. No.184/2011 was registered against the appellant Gopal Singh at Police Station- Gangrar, District Chittorgarh for committing offences under Sections 302 and 323 of IPC. In the complaint (Ex.P/1) following allegations were levelled by the complainant: –
Upon the aforesaid complaint, formal F.I.R. No.184/2011 was registered by the SHO concerned of Police Station Gangrar, District Chittorgarh on 28.08.2011 at 09.30 PM.
After registration of the FIR, the SHO, Police Station Gangrar, went on the spot and prepared site plan Ex.P/3 and also recorded the details of place of occurrence, where dead body of the deceased was lying. „Panchnama‟ (Ex.P/2) of the dead body of Smt. Chatar Kanwar was prepared at 06.00 PM in the presence of five witnesses. All formalities of recovery from the place of occurrence were performed. The stone and blood stained cot and other material were taken in possession vide Ex.P/4 in the presence of two witnesses, namely, Bhanwar Singh and Baluram.