State Of Rajasthan vs Naresh @ Ram Naresh

2. Before discussing rival contentions of the parties, it would be necessary to set out certain facts leading to the filing of the first information report against the respondent under Sections 302 and 394 of the IPC.

On 12.08.1993, Khushal Singh (PW-21), who was the then S.H.O. of the police station, Bassi received an information on wireless that someone by killing and also amputating the feet of a lady has taken away her silver anklets and that her dead body was lying near village, Kuthada. On receiving the aforesaid information, the SHO alongwith the police party rushed to the village, Kuthada where Sita Ram S/o Bhagwan Sahai submitted a written report, Exhibit P-7, on which he made an endorsement. On the basis of the aforesaid written report the police registered a case under FIR No. 302 of 1993 under Sections 302 and 394 of the IPC. On 13.08.2001 after registration of the said case, police started investigation.

3. During investigation, PW-21 prepared an inquest report of deceased Guli Devi, which is exhibited as Exhibit P-8. Sumer Singh (PW-19), Circle Officer inspected the site on 13.08.1993 and prepared the site plan. He also took into possession the blood smeared clothes of the deceased, blood smeared soil, a cement piece of floor of kheli having bloodstains, one strap of wrist watch - Exhibit P-5, one lathi and one pair of shoe - Exhibit P-6. He 2 also recorded the statements of Smt. Mulli Devi, Ram Dayal, Gopal, Sanjay, Sita Ram, Mathura, Babu Lal, Smt. Chotta, Ramrai, Rameshwar and Ganesh under Section 161 of the Criminal Procedure Code (for short "the Cr.P.C").

4. The police thereafter went to Uttar Pradesh in search of accused Naresh and apprehended him in the village Pahadi, District Banda (U.P.) and brought and produced him before the SHO, Bassi, who in turn arrested him. It is alleged that Naresh on 20.01.1994 gave information, Exhibit P-17, under Section 27 of the Indian Evidence Act for the recovery of ornaments of deceased Guli Devi. It is also alleged that on the basis of the aforesaid information, PW-17, recovered a pair of silver anklets of feet, one pair of silver bracelets of hands, one pair of silver ear-rings and one golden nose- ring (nath) from Ramcharan and prepared memo, Exhibit P-14. Again on 27.01.1994 accused Naresh gave information, Exhibit P-18, to PW-21 for the recovery of "Khurpi" the alleged weapon of offence and pursuant to which PW-21 recovered "Khurpi" at the instance of accused Naresh under Exhibit P-10.

5. Dr. Kailash Narain (PW-1) conducted the postmortem report of Smt. Guli Devi, which is exhibited in trial as Exhibit P-1. According to the doctor all the injuries were ante-mortem in nature and the cause of death was 3 hemorrhagic shock associated with Asphyxia due to compression of neck. Sugan Chand, Tehsildar, Bassi, examined as (PW-13), conducted the identification of ornaments and it is alleged that Rameshwar (PW-14), husband of deceased Guli Devi correctly identified ornaments of deceased - Guli Devi. After completion of the investigation, the police submitted charge sheet against the respondent herein under Sections 302 and 394 of the IPC in the Court of Judicial Magistrate, Bassi, who in turn, committed the case to the Court of Sessions. The learned Sessions Judge framed charges against the accused under Sections 302 and 394 of the IPC to which the accused pleaded not guilty and claimed to be tried.

6. During trial, the prosecution in support of its case examined as many as 21 witnesses and exhibited some documents. Thereafter, the accused was examined under Section 313 Cr.P.C. for the purposes of enabling him to explain the circumstances existing against him. The accused, however, did not examine any witness in his defence.

7. On completion of the trial, the learned trial court passed an order of conviction holding the accused/respondent guilty for the offence under Sections 302 and 394 of the IPC. After passing the order of conviction the accused was heard on the question of sentence and thereafter the Sessions 4 Judge passed an order sentencing him to undergo life imprisonment with fine.

18.Before we discuss the evidence on record, we must bear in mind the scope of interference with an order of acquittal. An order of acquittal should not be lightly interfered with even if the court believes that there is some evidence pointing out the finger towards the accused. This Court has dealt with the scope of interference with an order of acquittal in a number of cases. The principle deducible from the said Judgments regarding the scope of interference with an order of acquittal could be summarized and the same is as follows:

23. So far recovery of "Khurpi" is concerned the same admittedly did not contain any bloodstains on it and it was recovered from an open place. Since there was no bloodstain on it, the police also did not send it for chemical examination. Therefore, it cannot be said that the said weapon was used for committing murder of the deceased. There could be some suspicion regarding the conduct of the accused at the time of occurrence but the same cannot in any manner conclusively prove and establish that the accused has committed the murder of the deceased. Unless and until we are satisfied that the evidence adduced clearly and pointedly establish the guilt of the accused we cannot pass an order of conviction by setting aside the order of acquittal. 17

25. We, accordingly, dismiss this appeal and uphold the order of acquittal passed by the Division Bench of the High Court.