1 HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No : 89 of 2002. Decided on : June 14, 2011 State of H.P. …Appellant. VERSUS Kaule Ram and another ...Respondents. Coram The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge Whether approved for reporting?1 For the appellant: Mr. R.K. Sharma, Sr. Addl. AG For the respondents: Mr. Naresh K. Sharma, Advocate. R.B. Misra, Judge (Oral) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 18.8.2001, passed by the learned Sessions Judge, Kullu, HP, in Sessions trial No.12/2001, thereby acquitting the respondents/accused for the offence under Section 302 read with section 201 of the Indian Penal Code, in reference to FIR No. 463/2000, dated 25.9.2000, P.S. Kullu, HP. 2. In respect of the murder of Rohan Lal (deceased), both accused/respondents, namely, Kaule Ram and Sher Whether the reporters of the local papers maybe allowed to see the judgment? 2 Singh, were charged for the offence under Section 302 read with section 201 of the Indian Penal Code, however, during trial both were acquitted, as the circumstantial evidence has not been found sufficient to prove the guilt of the accused/respondents. 3. In order to prove its case, prosecution has examined as many as eight prosecution witnesses, whereas, through their statement under Section 313 Cr. P.C accused/respondents have denied the prosecution case. 4. (PW-1) Mohan Lal, (PW-2) Chet Ram and (PW-8) Roshan Lal SHO, Investigating Officer are the material witnesses. (PW-3) Smt. Pari Devi is widow of deceased Shri Rohan Lal. (PW-4) Dr. Kamal Kapoor conducted postmortem of the deceased and (PW-5) Dr. K.B. Mathu on police request medically examined Kaule Ram. (PW-6) Ses Ram after receipt of telephonic message intimated the police telephonically on basis of which Bhagat Ram MHC (PW-7) entered rapat Ex.PW7/A. (PW-8) Roshan Lal, SHO is the Investigating Officer of the case. 5. Dr. Kamal Kapoor (PW-4), Medical Officer, District Kullu, conducted postmortem of Rohan Lal on 25.9.2000, has observed that Rohan Lal died of head injury fracture skull liver rupture leading to hypovolumic shock failure of vital organ and death. PW-4 in examination-in-chief has also deposed that the injuries on the person of deceased are possible in case the person is thrashed forcibly with fist, legs blows and by striking 3 against walls, doors and floor. It is possible to cause rupture on liver if a person hit with force around the area with leg. Injury on the skull could be caused if skull is thrashed against hard surface. PW-4 in cross examination has stated that injuries on the person of deceased were possible by fall on hard surface and rolling thereon after fall. 6. Dr. K.B.L. Srivastav (PW-5), Medical Officer, Zonal Hospital, Kullu, on examination observed as under:- 1. “ There was an abrasion on right index finger brown in colour. Site at junction of proximal and middle phalanx. 2. There was tenderness at junction of Meta carpophalingel joint of middle finger of right hand.” PW-5 has also opined that the injuries on the person of the deceased could be possible in case a person gives fist blows to other person. PW-5 in cross examination has opined that the injuries on the person of deceased were possible by fall on hard surface. 7. Mohan Lal (PW-1), elder brother of the deceased has stated that Rohan Lal (deceased) was residing usually with him and on coming to know about the death of Rohan Lal (deceased), on 25.9.2000 at about 10:00 a.m, PW-1 visited the spot and after seeing the dead body informed the police and on search, pent of the deceased found containing ` 556/-, two biri bundle and a match box from the pocket of the deceased. On 27.9.2000, police again associated (PW-1) Mohan Lal, Pradhan, Up-Pradhan and the people in search where dead 4 body was thrown by accused Kaule Ram. PW-1 was declared hostile, however, in cross examination stated that no report in his presence was recorded by the police. PW-1 has also stated in cross examination that when he reached the spot at about 11/12:00 (Noon), police was already present and there were also about 30-40 people from Kahudhar, Panchayat member and Pradhan were also present. PW-1 has also stated in cross examination that many of relations reside in the village of the deceased and on 27.9.2000, all the relatives were also gathered there and from village 8-10 people including Pradhan, Up- pradhan and PW-1 came to Thadi. Nothing could be derived in support of the prosecution case. 8. Chet Ram (PW-2), Vice President, Gram Panchayat, Peej, said to be associated in investigation has stated that accused Kaule Ram in police custody made a statement to show the place where Rohan Lal (deceased) was killed on 23/24.9.2000 at about 1:30 a.m. As stated by PW-2, accused Kaule Ram took police to the ground floor of his house after opening the bolt and entering into the room there were blood stains on the walls and floor. The police scratched blood stains from wall and floor and put the same in a match box. Thereafter, accused Kaule Ram from upper storey room of his house produced one nylon rope, one jute rope, one pattu, bag and a danda. All these articles were taken into possession by the police. As per the testimony of (PW-2) Chet Ram, accused has stated that Rohan Lal (deceased) was tied with the ropes 5 and thrown away. PW-2 further stated in cross examination that on 27.9.2000, police met him in the house of accused Kaule Ram, and police was already present prior to their arrival. PW-2 has stated in cross examination that as soon as he reached in the village, the other villagers also went with him, where police was already present and accused made a statement at about 9:00/10:00 a.m. PW-2 further stated in cross examination that he reached the spot on 25.9.2000 at about 3:00 p.m and at that time dead body was kept on one side and the same was brought to Kullu, at about 4:30 p.m, however, PW-2 did not accompany the dead body. Again, on 27.9.2000 PW-2, remained in police custody for about two hours. Pari Devi (PW-3), wife of deceased has stated that on 23.9.2000, her husband went to Kullu, for purchasing clothes and notebooks and her husband was carrying ` 2,000/, however, he did not return back. Ses Ram (PW-6), Member of Municipal Council, Kullu, had received an information at about 10:30 a.m from an unknown person intimating about the dead body lying on the side of Deodhar. PW-6 enquired about the name of the informant, but he did not disclose his name. PW-6 also did not make any attempt from exchange to know from which number he received an information. However, PW-6 intimated the police. HC Bhagat Ram (PW-7), received a rukka sent by SHO Roshan Lal through HC Lal Singh, on the basis of which F.I.R, Ex.PW7/B was recorded. Inspector Roshan Lal (PW-8), visited the spot with SI Sanjay Kumar and HC Lal 6 Singh. PW-8 also prepared site plan Ex.PW8/A and recovered currency notes of ` 555/- Ex.P1, two biri bundle Ex.P2, match box Ex.P3 and a pair of chappal Ex.P10. On 26.9.2000, accused Kaule Ram was arrested and on 27.9.1999, he was taken to the spot, who disclosed in the presence of Pradhan Panchayat Maina Devi and Up-pradhan Chet Ram that accused had kept in the upper storey room of his house gunny bag, rope, stick and pattu, in which Rohan Lal (deceased) was wrapped and thrown. As per the testimony of PW-8, accused Kaule Ram took all the abovementioned person to the last room of upper storey and got recovered one bag Ex.P8, pattu Ex.P9, two ropes Ex.P7 and stick Ex.P6, which were taken into possession, vide memo Ex.PW2/C. As per the testimony of PW-8, accused made a statement that he shown the place from where dead body of Rohan Lal (deceased) was found. His statement Ex.PF was recorded which was duly signed by the witnesses Chet Ram and Mohan Lal. On the basis of his statement Ex.PE, Sher Singh gave nishandehi of place which was prepared and signed by the witnesses. Similarly, accused Kaule Ram also disclosed about throwing dead body of Rohan Lal (deceased). In cross examination, PW-8 has stated that he met Mohan Lal in Tehsil Office and on his enquiry, whether PW-8 was going to the place where dead body was thrown. PW-8 had stated that he reached the spot within 45 minutes, where dead body was lying. However, PW-8 came to know from sources that deceased was murdered by accused Kaule Ram. 7 9. On analysis of the prosecution witnesses and materials on record, we notice that in view of the testimony of Dr. K.B.L. Srivastav (PW-5) has examined accused Kaule Ram and observed the following injuries :- 1. “ There was an abrasion on right index finger brown in colour. Site at junction of proximal and middle phalanx. 2. There was tenderness at junction of Meta carpophalingel joint of middle finger of right hand.” In view of the testimony of (PW-5) Dr. K.B.L. Srivastav, there was abrasion and tenderness at junction of Metacarpophalingel joint of middle finger of right hand of the accused which were not explained by the prosecution. In view of the testimony of (PW-4) Dr. Kamal Kapoor, the injuries could be caused when a person is thrashed with fist, legs blows and by striking against walls, doors, floor and a person hit with force around the area with leg or in the alternative, the injuries could be possible on a person by fall on hard surface and rolling thereon after fall. None of the prosecution witnesses have seen the occurrence and the prosecution story hinges upon the circumstantial evidence. PW-1 has not supported the prosecution case. PW-2 has also not supported the prosecution case the circumstantial evidence is not complete for proving the prosecution case. Surprisingly many of the independent and related witnesses present at the spot have not come forward to indicate about the cause of death of Rohan Lal 8 (deceased). PW-8 in his endeavour to support the prosecution case has stated that during investigation police has recovered stick Ex.P6, two ropes Ex.P7, one bag Ex.P8 and pattu Ex.P9, however, no proof is given as to how and in what manner those recovered articles were utilized. If the injuries could be sustained on the person of deceased by fist blows and by striking against walls, doors, floor or by falling on hard surface and rolling thereon after fall, then in such a situation articles, namely, stick Ex.P6, two ropes Ex.P7, one bag Ex.P8 and pattu Ex.P9, are of no relevance. It has also not brought on record that in what condition the dead body was found whether it was in a bag or tied with ropes. None of the prosecution witnesses have been able to prove that the blood stains on the walls and floor or how was the blood recovered and in what manner those recovered articles were made relevant in falling of Rohan Lal (deceased). The role of Sher Singh (accused/respondent) has not been highlighted by the prosecution. None of the prosecution witnesses have endeavoured to indicate how Sher Singh (accused/respondent) helped Kaule Ram (accused/respondent) in killing of Rohan Lal (deceased). 10. On analysis of the prosecution witnesses and materials on record, the learned Sessions Judge has rightly come to the conclusion that the prosecution has failed to prove its case beyond reasonable doubt, in reference to the circumstantial evidence. In our considered view also, we find no scope for interference in the impugned judgment. The 9 criminal appeal, being devoid of merit, is accordingly dismissed. 11. Bail bonds, furnished by the accused/respondents, are hereby discharged. 12. We place on record a word of appreciation for Mr. Naresh K. Sharma, Advocate, who assist this Court. ( R.B.Misra ) Judge. 14th June, 2011 (V.K. Sharma ) (cs) Judge.