Rishi Pal vs State Of Uttarkhand

2. The facts giving rise to the arrest and eventual conviction of the appellant have been set out by the High Court at length. We need not, therefore, recapitulate the same over again except to the extent it is absolutely necessary to do so for the disposal of this appeal. Suffice it to say that the appellant according to the prosecution dishonestly induced the complainant Dr. Mohd. Alam (P.W.2) at Dehradun to deliver his car bearing registration No.URM 2348 and a sum of Rs.15,000/- and at about 1.30 p.m. on the same day abducted Abdul Mabood, brother of the complainant with the intention to commit his murder. The prosecution case further is that sometime between 1.7.1987 and 2.7.1987, Abdul Mabood was murdered near a canal on Kairana Panipat Road in District Panipat and with a view to cause disappearance of any signs of the crime committed by him threw the dead body of Abdul Mabood in the Canal. A report for the alleged commission of offences under Sections 406, 419, 420 and 365 IPC was lodged by Dr. Mohd. Alam on 6.7.1987 at Police Station Dalanwala based on which Crime No.185/1987 was registered and the investigation undertaken by Muzaffar Ali - Sub-Inspector, examined as PW17 at the trial. In the course of investigation the said witness took the appellant into custody, recovered the car bearing Registration No.U.R.M.2348 from Panipat and effected seizure of some letters allegedly written by him. Further investigation of the case was then handed over to Mr. J.P. Sharma (P.W.18) who completed the same and submitted a charge sheet against the appellant for offences punishable under Sections 364, 302, 201, 420, 170 and 171 I.P.C.

4. At the trial Court the prosecution examined P.W. 1 Raees Ahmad, P.W.2 Dr. Mohd. Alam, also complainant in the case; P.W.3 Hari Om, P.W.4 Jiledar Singh, P.W.5 Hizfur Rahman the brother of Abdul Mabood-deceased; P.W.6 Anees Ahmad, P.W.7 Akash Garg, P.W.8 Badloo Ram, P.W.9 Jai Bhagwan, P.W.10 Ajit Chopra, and nine other witnesses including P.W.17 Muzaffar Ali and P.W.18 J. P. Sharma who concluded the investigation and P.W.19 Ramanand Pandey, another Scientific Officer of Forensic Laboratory, Agra. The appellant examined D.W.1 Yashveer Singh, his brother and D.W.2 Constable Om Prakash, in his defence.

6. Aggrieved by the judgment and order passed by the trial Court the appellant preferred an appeal to the High Court of Allahabad from where the same was transferred to the High Court of Uttarakhand at Nainital in terms of Section 35 of the U.P. Re-organisation Act, 2000. The transferee High Court allowed the appeal but only in part and to the extent that the appellant was acquitted of the charge of murder while his conviction for offences under Sections 171, 201 and 420 was maintained. The High Court also altered the conviction from Section 364 IPC to Section 365 IPC and sentenced him to undergo rigorous imprisonment for a period of seven years on that count. The present appeal assails the correctness of the said order of the High Court.

7. When this appeal came up for hearing before S.B. Sinha and Cyriac Joseph, JJ. on 24th October, 2008, this Court not only issued notice to the State in the appeal but also directed notice to the appellant to show cause why the order passed by the High Court acquitting the appellant under Section 302 may not be set aside. At this stage the appellant made a prayer for withdrawal of the SLP filed by him against his conviction which prayer was declined by this Court by order dated 5th January, 2009 on the ground that the Court had issued a show cause notice for reversal of the appellant’s acquittal under Section 302 IPC.

20. Suffice it to say that even if we take the most charitable liberal view in favour of the prosecution, all that we get is a suspicion against the appellant and no more. The High Court was in that view justified in setting aside the order passed by the trial Court and acquitting the appellant of the offence of murder under Section 302 IPC. The order passed by the High Court deserves to be affirmed giving to the appellant the benefit of doubt. We accordingly dismiss the appeal filed by the appellant and discharge the notice of show-cause issued to him.