Sahib Hussain @ Sahib Jan vs State Of Rajasthan

2) Brief facts:

4) and asked him about the appellant herein. PW-4 informed him that he ran towards the Highway after changing the clothes. Thereafter, PW-1 informed the same to Ballu Bhai @ Ballu (PW-2) over telephone. After some time, a written report was handed over to the S.H.O., Police Station, Aamer by PW- 1, at 12.30 a.m. Munna Mawali was removed to the hospital by the police but he died on the way.

c) On the basis of the said information, a case being Crime No. 466/2006 under Section 302 of the Indian Penal Code, 1860 (in short ‘the IPC) was registered against Sahib Hussain. Post mortem on the dead bodies was also performed. After investigation and filing of chargesheet, the case was committed to the Court of Additional Sessions Judge (Fast Track), Serial No. 1, Jaipur, District Jaipur (Rajasthan) and numbered as Session Case No. 90/2006. During trial, it came to the knowledge of the court that there was a scuffle between the appellant herein and Seema (since deceased) on the day of Eid which resulted in such a gruesome act. However, taking note of circumstantial evidence, the Additional Sessions Judge, by order dated 13.12.2007, convicted the appellant-accused for the offence punishable under Section 302 of IPC and sentenced him to death.

d) Aggrieved by the said order, the appellant-accused preferred appeals being Criminal Appeal Nos. 91 and 92 of 2008 before the High Court. Death Reference No. 1 of 2007 under Section 366 of the Code of Criminal Procedure, 1973 (in short ‘the Code) was also preferred by the trial court for confirmation of the death sentence. By impugned judgment dated 05.03.2008, the High Court disposed of the appeals filed by the appellant- accused by commuting the sentence of death to the imprisonment for life and also made a direction that he shall not be released from the prison unless he serve out at least 20 years of imprisonment including the period already undergone and also he shall not get the benefit of any remission either by the State or by the Government of India on any auspicious occasion.

11) Let us consider the recoveries made and relied upon by the prosecution for proving the case. It is the case of the prosecution that the appellant-accused was arrested on 28.10.2006, at 10.30 a.m. On the basis of his disclosure statement, a blood stained axe got recovered vide recovery memo (Exh. P-10) and the clothes worn by him, which were concealed in a room, got recovered vide recovery memo (Exh. P-11) in the presence of Mohd. Salim @ Ballu (PW-2) and Abdul Majid (PW-3). Further, a pair of blood stained chappal was also seized vide recovery memo (Ex.P-8). On going through the evidence of PWs 2 & 3, both the courts below found that the recoveries are acceptable and concluded that there is no reason to disbelieve their statements.

12) Another important aspect relied on by the prosecution is the conduct of the appellant-accused. Though it may not be a main link in the chain of circumstances to prove the guilt of the appellant-accused, however, absconding from the scene would establish the guilt of the accused and rule out hypothesis of innocence. In the case on hand, it has come out from the evidence that immediately after the incident, he left village Kunda and boarded a bus to Delhi. However, he was arrested at 2.20 a.m., on 28.10.2006, at old Barrier Shahjahanpur. It has come out from the evidence of Murari Lal (PW-16), sub-Inspector, Kotwali Jhunjhunu that on 28.10.2006, at about 2.00 a.m., Commanding Officer, Behrod, informed him that one Sahib Hussain had absconded after committing murder of 5 persons. He further explained that he recorded the said information in Rojnamcha (Exh. P-51). According to him, around 2.20 a.m., he stopped a bus at Shahjahanpur Barrier which was proceeding to Delhi from Jaipur and the appellant was sitting in that bus. When he asked the appellant about his identity, initially, he gave his name as Zakir Hussain but when he got panicked, it raised suspicion in his mind. On being interrogated, he disclosed his correct name as Sahib Hussain and, thereafter, he was handed over to Police Station Aamer. There is no proper explanation by the appellant-accused even under Section 313 statement for his sudden departure from the scene and going to Delhi. In the absence of any reason, the conduct of the appellant supports the case of the prosecution.

15) Another important aspect which supports the prosecution theory is the FSL report and DNA report which matches with the blood group of the deceased and the blood group found on the chappals, pant, shirt and axe. According to us, as rightly concluded by the courts below, the above reports support the case of the prosecution.

95. In conclusion, we agree with the view taken by Sinha, J. We accordingly substitute the death sentence given to the appellant by the trial court and confirmed by the High Court by imprisonment for life and direct that he shall not be released from prison till the rest of his life.”

31) Taking note of the fact that the prosecution has established the guilt by way of circumstantial evidence, analyzed and discussed earlier, and of the fact that in the case on hand 5 persons died and also of the fact that the High Court commuted the death sentence into life imprisonment imposing certain restrictions, the decision of the High Court cannot be faulted with and in the light of well reasoned judgments over a decade, we agree with the conclusion arrived at by the High Court including the reasons stated therein.

32) Consequently, both the appeals fail and are dismissed.

APRIL 18, 2013.