Supreme Court - Daily Orders
Raj Kumar Kathaith vs State Of Uttrakhand on 19 November, 2014
Bench: Pinaki Chandra Ghose, R.K. Agrawal
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 481 OF 2009
RAJ KUMAR KATHAITH Appellant(s)
VERSUS
STATE OF UTTARAKHAND Respondent(s)
O R D E R
The facts of this case, shortly to be stated, are that triple murders were found on 25.08.2002 being One Shanti Devi, wife of Chandra Bahadur, Naurti Devi and Gainu Lal which was reported at the Police Station, Rudraprayag on 25.08.2002. Subsequently, steps were taken and the trial was commenced. The trial Court, after appreciation of the evidence, and further on the basis of the confessional statement of the accused – Raj Kumar Kathaith before the Special Judicial Magistrate convicted the appellant along with Ram Singh Chaudhary under Section 302 read with Section 34 of the IPC and imposed a sentence of life imprisonment.
An appeal was filed before the High Court. The High Court, after examining the evidence and appreciating the evidences, came to the conclusion that the prosecution before the trial Court proved the case on circumstantial evidence. The High Court, Signature Not Verified Digitally signed by further narrated eight circumstances and held the guilt of the Meenakshi Kohli Date: 2014.11.24 16:46:40 IST Reason: appellant has been proved. The chain of circumstances leave no room of doubt that the appellant Raj Kumar Kathaith was directly 2 involved in the commission of three murders. The High Court, on the basis of the evidence against Ram Singh found that the statements made by the witnesses has some missing link and by which the said accused Ram Singh was given a benefit of doubt and acquitted him of the charge of the offence punishable under the said Sections. However, the High Court with regard to the appellant held that the charge of offence against this appellant has been proved beyond reasonable doubt and, therefore, held him guilty under Section 302 read with Section 34 of IPC and confirmed the conviction and the sentence awarded by the trial Court against him.
We have heard learned counsel for the parties. From the materials placed, we find no reason to interfere with the findings and reasoning given by the High Court and we do not find that there is any merit in the matter.
Hence, the appeal stands dismissed.
.......................... J.
(PINAKI CHANDRA GHOSE) .......................... J.
(R.K. AGRAWAL) New Delhi;
November 19, 2014.
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ITEM NO.103 COURT NO.13 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 481/2009
RAJ KUMAR KATHAITH Appellant(s)
VERSUS
STATE OF UTTRAKHAND Respondent(s)
(with office report)
Date : 19/11/2014 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Appellant(s) Mr. Dinesh Kumar Gupta, Adv. (AC) For Respondent(s) Mr. Mukesh Verma, Adv.
Mr. Jatinder Kumar Bhatia, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
(R.NATARAJAN) (SNEH LATA SHARMA)
Court Master Court Master
(Signed order is placed on the file)