State Of Rajasthan vs Darshan Singh @ Darshan Lal

2. Facts and circumstances giving rise to this appeal are that:

Geeta (PW.16) is the star witness of the prosecution. According to her at 6.30 p.m. on the day of incident, respondent-accused came to her house. The accused and her husband consumed liquor together. The respondent-accused had mixed a tablet in the glass of water and the same was taken by her husband Kaku Singh. She served the food to both of them and subsequently, all the three persons slept on cots in the same room. During the night two persons also joined the respondent- accused. It was at 11.30 p.m., accused Darshan Singh had taken out a kulhari from his bag and gave blows on the neck and cheek of her husband. She raised a cry but accused caught her by the hair and asked to keep quiet otherwise she would also be killed. The dead body was taken by the accused alongwith accompanying persons and was put in a room and locked the same from outside. In the court, Geeta (PW.16) witness indicated that she could read and write and she had written telephone number of her father Jaswant Singh (PW.1). It was on her request that Dr. Amarjeet Singh Chawla (PW.4) informed her father. After sometime, Jaswant Singh (PW.1) came there on scooter and saw the place of occurrence.

7. Jaswant Singh (PW.1) deposed that he reached the place of occurrence after receiving the telephone call from Dr. Amarjeet Singh Chawla (PW.4) and after coming to know about the murder of Kaku Singh, he informed Buta Singh (PW.15), brother of deceased Kaku Singh. Jaswant Singh (PW.1) reached the clinic of Dr. Amarjeet Singh Chawla (PW.4), in the way, he met Buta Singh (PW.15) and his son Gurmail Singh. They came to the house of Kaku Singh, deceased and found the blood covered with sand and also the dead body of Kaku Singh lying on a cot in a room covered with quilt. Geeta (PW.16) informed him through gestures that respondent-accused Darshan Singh had killed him with kulhari while Kaku Singh was sleeping. She also told Jaswant Singh (PW.1) about the illicit relationship of Chhindri Bhatni with Kaku Singh, deceased and because of the intervention of community persons, Kaku Singh had severed relationship with Chhindri Bhatni. The latter got annoyed and got Kaku Singh killed through her brother Darshan Singh, respondent-accused.

13. Dr. Amarjeet Singh Chawla (PW.4) deposed that Geeta (PW.16) had asked him to give a telephone call to her father and he had accordingly informed her father. After sometime, her father Jaswant Singh (PW.1) had arrived on scooter. In the cross-examination, he explained that Geeta (PW.16) was dumb and deaf, however, could read and write and she had written the telephone number of her father as 55172 and, thus, he could contact her father.

12. Ramjilal (PW.23), Investigating Officer, gave full details of lodging an FIR at midnight and explained all steps taken during the investigation, recoveries referred to here-in-above, recording of statements of witnesses under Section 161 Cr.P.C., sending the recovered material for FSL report and arrest of Darshan Singh, respondent-accused etc.

Basic argument which has been advanced by both the parties before us is on the admissibility and credibility of sole eye-witness Geeta (PW.16).

24. We are fully aware of our limitation to interfere with an order against acquittal. In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial Court’s acquittal bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference.

25. If we examine the judgment of the High Court in light of the aforesaid legal proposition, we do not find it to be a fit case to interfere with the order of acquittal.

The appeal lacks merit and, is accordingly, dismissed.