Case: Mahavir Singh Vs. State of Haryana

A. That one Ram Chander (PW.13), brother of Suraj Mal (since deceased) alleged that his brother Suraj Mal was missing from 21.6.1995 and his dead body was found on 26.6.1995 floating in the canal after recovery of his chappal on the path to canal near the bridge. Initially, the report in this respect was lodged on 25.6.1995 as a missing person by the mother of the deceased, namely, Smt. Bharto Devi (PW.8) at Police Station, Mathlauda, Panipat. On 28.6.1995, an FIR was lodged at 8 A.M. under Sections 302/201/120B/34 IPC on the basis of complaint made by Shri Ram Chander (PW.13), brother of deceased alongwith one Balbir Singh who had also gone to search the deceased on a motorcycle and that on reaching canal bridge of Kavi village, they saw one chappal, one saw, two pieces of blade, some blood and two pieces of meat lying on the path and the dead body lying on the surface of the river.B. Pursuant to the registration of FIR, the matter was investigated and during investigation it is alleged that Jagbir Singh, co-accused had illicit relationship with Sudesh Rani (wife of deceased) andwife was also involved and all of them had conspired to remove the deceased from the way. The appellant also had a grudge on account of marriage of Sudesh Rani with the deceased and there had also been incident ofen them and some cases are pending also. Thus, investigation revealed that the deceased was killed on intervening night of 21.6.1995/22.6.1995 by the appellant and Jagbir Singh, co-accused at the instance of Sudesh Rani and threw away the dead body in the canal.C. After conclusion of the investigation, a chargesheet was filed under Sections 302/201/120B IPC against the appellant, Jagbir Singh, co-accused and Sudesh Rani. The proceedings were committed to the Sessions Court and charges were framed vide order dated 17.1.1996.D. To prove its case, the prosecution examined 15 witnesses and on conclusion of the trial, the learned Sessions Judge, Panipat convicted the appellant alongwith Jagbir Singh, co-accused for the offences referred to hereinabove and sentenced them accordingly.However, Sudesh Rani was acquitted of all the charges.E. Aggrieved, the appellant filed Criminal Appeal No.499-DB of 2001 before the High Court while Jagbir Singh, co-accused filed Criminal Appeal No.520-DB of 2001. Both the appellants were heard together and their appeals had been dismissed by way of impugned judgment and

Reasoning: 10. Undoubtedly, it is a settled legal proposition that last seen theory comes into play only in a case where the time gap between the point of time when the accused and the deceased were seen alive and when the deceased was found dead. Since the gap is very small there may not be any possibility that any person other than the accused may be the author of the crime. In the instant case, if we examine the medical report minutely, it becomes evident that the deceased Suraj Mal had been murdered one week prior to the post mortem. Thus, it becomes evident that he had been killed in a very proximity of time when the deceased was seen alive with the appellant and Jagbir Singh, co-accused.It has been pointed out that there had been some discrepancies in the inquest report as well as in the depositions of the witnesses. However, no material contradictions could be brought to our notice.Minor discrepancies are bound to occur in everyview of the above, we do not see any force in the submissions so advanced on behalf of theIt is a settled legal proposition that in case the question is not put to the witness in cross-examination who could furnish explanation on a particular issue, the correctness or legality of the said fact/issue could not beIn the instant case, we had gone through the cross-examination of witnesses who could furnish an explanation for the discrepancies pointed out by learned counsel for the appellant. However, we came to the conclusion that the defence had never put any question in these regards to the material witness who could furnish the explanation for the same. So the chain of all the circumstantial evidence is complete and no link is missing and the accused persons had an opportunity to commit the murder of the deceased.15. Both the courts below after appreciating the evidence on record held the appellant guilty of the offences