Himachal Pradesh High Court
Kewal Krishan And Others vs State Of Himachal Pradesh on 3 December, 2015
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Appeal No. 152/2015
Reserved on: 2.12.2015
Decided on: 3.12.2015
.
________________________________________________________________
Kewal Krishan and others ...... Appellants
Versus
State of Himachal Pradesh ........Respondent
________________________________________________________________
Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge
of
Hon'ble Mr. Justice Sureshwar Thakur, Judge
Whether approved for reporting? 1 yes.
________________________________________________________________
For the appellants : Mr. N.S. Chandel, Advocate.
For the respondent
rt Mr. :
M.A. Khan, Additional
Advocate General.
________________________________________________________________
Per Rajiv Sharma, Judge:
This appeal is instituted against Judgment/Order dated 10.12.2014/17.12.2014, rendered by learned Additional Sessions Judge, Hamirpur (HP) circuit court Barsar in Sessions Trial No. 01 of 2014 RBT 04/14, whereby appellants-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for offence under Section 302 read with Section 34 of the Indian Penal Code, have been convicted and sentenced to undergo imprisonment for life and to pay a fine of `20,000/- each for the commission of offence under Section 1 Whether the reporters of the local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 2302/34 IPC and in default of payment of fine to further undergo simple imprisonment for one year.
2. Case of the prosecution, in a nutshell, is that on .
23.9.2013 at about 7.30 am, Police Post Deot Sidh vide Rapat Ext PW-17/A received an information from Shri Inder Singh, President Gram Panchayat Samaila that a dead body of a saint (Sadhu) drenched in blood is lying on the road near Chakmoh.
of ASI Chhota Ram alongwith Constable Rajiv Kumar and HHG Madan Lal visited the spot. Inder Singh vide his statement Ext PW-1/A reported to the police that on 23.9.2013 at about 7.30 rt am, when he was going on his motorcycle to place Chakmoh from his village Jaral, found naked body of a saint drenched in blood on the road. He telephonically informed the Police Post Incharge Deot Sidh. Sadhu (saint) was living for the last about 5-6 months in a hut by the side of the road. On 22.9.2013, he saw the saint in his hut. Body was carrying injuries on mouth, head and fore-
head. He was beaten up and dragged to road. Some unknown persons had killed Sadhu. FIR Ext PW-14/A was registered.
Matter was investigated by ASI Chhota Ram. Shri Deep Sharma, dog-handler also visited the spot with sniffer dog to pick up the scent of the culprits from the spot of occurrence. The dog started moving towards the school on the road side and then reached village Raipuri Sath. There he firstly went to the house of accused Kewal Krishan and thereafter to the house of accused Barfi Ram ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 3 and lastly to the house of accused Pradeep. Site plan was prepared. A team of scientific officers from RFSL Mandi also reached the spot. Blood and hair from different places were lifted .
by the RFSL team and taken into possession vide memo Ext. PW-
1/B. Blood lying on the stone was lifted and taken into possession vide memo Ext. PW-1/D. Two blood stained stones Ext. P22 and Ext. P23 lying in front of the hut were taken into of possession vide seizure memo Ext. PW-1/F. A shoe mark near dead body was lifted by the RFSL team. Mould of footprint Ext.
P25 was also taken. Saffron coloured Dhoti, Ext. P18, a string rt Ext. P20, one bead of Rudraksh alongwith rosary Ext. P19 and one piece of white cloth were also taken into possession vide memo Ext. PW-1/E. Post-mortem was got conducted. Case property was deposited with MHC Police Station Badsar. These were sent to the RFSL Mandi for chemical examination. Tatima was also prepared. During investigation, it was found that on 22.9.2013, between 7/8 pm to 11 pm, accused were roaming in drunken state in Chakmoh Bazaar. They went towards the school at 11 pm. On reaching the hut, they started abusing and thereafter gave merciless beatings to the Sadhu. Statements of witnesses were recorded. Investigation was completed. Challan was put in the Court after completing all the codal formalities.
3. Prosecution has examined as many as 19 witnesses to prove its case against the accused. Accused were also ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 4 examined under Section 313 CrPC. They pleaded innocence.
Trial Court convicted and sentenced the accused as noticed above. Hence, this appeal.
.
4. Mr. N.S. Chandel, Advocate has vehemently argued that the prosecution has failed to prove its case against the accused.
5. Mr. M.A. Khan, Additional Advocate General, has of supported the judgment/order of conviction dated 10.12.2014/17.12.2014.
6. We have heard the learned counsel for the parties rt and also gone through the record carefully.
7. PW-1 Inder Singh testified that on 23.9.2013, at about 7.30 am, he was going to Chakmoh on his motorcycle.
When he reached Nai Sath, about 100 metres from Chakmoh Bazaar, he saw a naked body of Sadhu drenched in blood and he informed the incharge Police Post Deot Sidh. Sadhu used to live in a hut on the side of the road for the last about 5-6 months. He had seen the Sadhu in his hut in the evening. Thereafter, police visited the spot. His statement under Section 154 CrPC was recorded vide Ext. PW-1/A. Police visited the spot. Blood was lifted from four places. Blood and hair were sealed in different envelopes and packed in a parcel, which was sealed with seal impression of seal 'V'. These were taken into possession vide memo Ext. PW-1/B. Police also took into possession pieces of ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 5 Rudraksh. Police also lifted blood lying on a boulder. One Dhoti One string, One Rudraksh and pieces of cloth were taken into possession by the police. Police also took into possession two .
stones, which were lying near the hut, vide Ext. PW-1/F. Police also took into possession one packet of Cremica biscuits. In his cross-examination, he has admitted that the dog did not enter the rooms of accused. Volunteered that the dog went upto the of door. He did not remember the time when the dog related proceedings took place. He did not remember whether these proceedings took place before noon or in the afternoon.
rt
8. PW-2 Kamal Kishore deposed that on 22.9.2013, at about 9.30 pm, he had seen Kewal Krishan, Barfi Ram and Pradeep in Chakmoh Bazaar under the influence of liquor. At about 11 pm, they again came and knocked the shutter of the liquor vendor. They purchased liquor and went towards the school. Hut of Sadhu was 50 metres from his quarter. He was standing on the lintel in order to attend the telephone. He saw that the accused persons had broken the bottle while going towards the hut. He had heard accused persons abusing Sadhu.
In the next morning he came to know that body of Sadhu was lying near his hut. He saw naked body of Sadhu drenched in blood. There were injury marks on the body. In his cross-
examination, he has admitted that hut of Sadhu was not visible from his quarter. He admitted that there was no provision of ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 6 street light. He denied that he heard the quarrel of accused with Sadhu earlier. He has not shown the spot where accused broke the bottle. He denied the suggestion that there was forest area .
between his quarter and hut of the saint. He had not seen the accused near the hut of Sadhu.
9. PW-3 Satpal deposed that on 22.9.2013, at about 8 pm, Barfi Ram came to his shop and purchased one packet of of Cremica biscuits. He paid `20/-. On 26.9.2013, police visited the spot and purchased one packet of Cremica biscuits. Police made payment of `20/-.
rt
10. PW-4 Sanjay Sharma deposed that Kewal Krishan came to his liquor vend on 22.9.2013 and purchased one bottle of Royal Stag. Barfi Ram and Pradeep Kumar were accompanying him. Thereafter, they went to the adjacent chicken corner. At about 9/9.30 pm, they again came back to his liquor vend and purchased three bottles of beer. After that at about 10 pm, he closed the liquor vend. At about 10.30 pm, again accused persons came to his liquor vend and knocked the shutter and called him. He opened the shop. They purchased two bottles of beer and went away. He came to know at about 7.30 am, that Sadhu was killed. He went to the spot and saw the naked body of Sadhu lying on the side of the road. In his cross-examination, he has admitted that the deceased also used to purchase liquor from his shop. He also admitted that the distance of hut of Sadhu was ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 7 more than 200 metres from the quarter of PW-2 Shri Kamal Kishore and there was jungle in between. He also admitted that accused did not drink in his presence.
.
11. PW-5 Parveen Kumar deposed that on 22.9.2013, at about 8.30 pm, Kewal Krishan, Barfi Ram and Pardeep Kumar came to his shop and ordered to cook 1 kg chicken. He prepared and supplied the same to the accused persons. He has also of admitted that the deceased used to drink individually as well as with others whenever he got the opportunity.
12. PW-7 Bahgi Rath deposed that he was associated by rt the police in the investigation. During the investigation, he went to the house of Kewal Krishan. Kewal Krishan produced his pants and T-shirt to the police. These were taken into possession vide memo Ext. PW-7/A. Thereafter, Kewal Krishan also produced one pair of slippers/chappals. Police took into possession the same vide memo Ext. PW-7/B. Police also went to the house of Barfi Ram. Barfi Ram produced one shirt and Pajama from his house.
Police took into possession the same vide memo Ext. PW-7/C. Barfi also produced a pair of slippers, which, which were taken into possession by the police vide memo Ext. PW-7/D. Police also went to the house of accused Pradeep. Pradeep Kumar produced one shirt and one Pajama (lower) from his house to the police, which were taken into possession vide memo Ext. PW-7/E. Pradeep also produced one pair of slippers/ Chappals. These ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 8 were taken into possession vide memo Ext. PW-7/F. In his cross-
examination, he has admitted that the proceedings were conducted in the afternoon but he did not remember the exact .
time. Clothes of Kewal Krishan were already in possession of the police, when he reached there. Accused Barfi Ram and Pradeep had produced their clothes to the police in his presence. The slippers/Chappals were produced by all the accused in the of presence of police. He did not know whether accused were wearing those slippers at that time or they brought the same by picking. rt
13. PW-8 Sewa Dass had gone to the Police Station in connection some affairs of the Panchayat. Accused Kewal Krishan made a disclosure statement vide Ext. PW-8/A that the clothes which he was wearing had been kept in the house. Similarly, accused Barfi Ram made disclosure statement about his clothes vide Ext. PW-8/B. Pradeep made disclosure statement that the clothes which he was wearing had been kept in the house and he only had knowledge of the same, vide Ext. PW-8/C. Accused did not sign disclosure statements Ext. PW-8/A, Ext. PW-8/B and Ext. PW-8/C, in his presence. Volunteered that he had enquired from the accused whether they had made statements under any pressure. Accused told that they made the same voluntarily.
However, he has admitted that no such fact was recorded in the statement Mark A. ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 9
14. PW-9 Rajesh Kumar proved reports Ext. PW-9/A and Ext.PW-9/B. The age of shoe mark could not be ascertained.
15. PW-10 Dr. Rakesh Dhiman has conducted post-
.
mortem on the body of deceased. According to him, probable time that elapsed between injury and death was immediate and time between death and post-mortem was 36 hours. He received chemical examination report on 4.12.2013. According to the of report, Ethyl Alcohol present in the blood was 239.38 mg percent. He issued PMR Ext. PW-10/C. According to him, injuries No.1 and 2 were possible in case person was pushed and rt resultantly struck with hard surface. He admitted that all the injuries shown in Ext. PW-10/C were possible by fall. Contents of alcohol in the viscera of deceased were at the level of intoxication.
16. PW-15 Anil Kumar deposed that on 30.9.2013, MHC Ranjeet Singh handed over to him 20 parcels vide RC No. 132/13 dated 30.9.2013 for depositing in RFSL Mandi. He deposited the same in RFSL Mandi and handed over receipt to the MHC.
17. PW-18 Constable Deep Sharma deposed that he alongwith the dog, Singham visited Chakmoh, where a dead body of Sadhu was lying. Dog sniffed the packet of biscuits and then went to the dead body of Sadhu and sniffed the same. Thereafter, the dog started walking on road side towards Bijhari. Dog chose to walk a path leading towards left side and reached in a house belonging to accused Kewal Krishan and sniffed the same.
::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 10Thereafter, dog went to the house of accused Barfi and after that to the house of accused Pradeep Kumar. In his cross-
examination, he has admitted that the dog did not enter the .
rooms of accused. Volunteered that doors of the houses were closed.
18. PW-19 Chhota Ram was the Investigating Officer. He alongwith Constable Rajeev Kumar and HHG Madan Lal left for of the spot. He saw the dead body of Sadhu lying on the road.
Statement of Pradhan Inder Singh was recorded under Section 154 CrPC vide Ext. PW-1/A. FIR was registered vide Ext. PW-
rt 14/A. He also examined the dead body. Post mortem was got conducted. Deep Sharma, dog handler also visited the spot. He untied the dog. First of all, the dog went towards the school on the road side and then to village known as Raipuri Sath. Dog went to the house of Kewal Krishan and thereafter to the house of Barfi Ram and lastly to the house of Pradeep. Team of RFSL also reached the spot. Case property was taken into possession.
Accused made disclosure statements, on the basis of which recoveries were made.
19. Case of the prosecution is based on circumstantial evidence. There is no eye-witness of the incident. In order to prove case on the basis of circumstantial evidence, chain of events must be complete and the incriminating circumstances must only point towards the guilt of the accused.
::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 1120. The case of the prosecution, precisely, is that the accused in the state of intoxication went to the hut of Sadhu.
They abused him and thereafter gave merciless beatings and he .
was dragged to the road side. Post-mortem was got conducted.
According to the post-mortem report, deceased died due to head injury.
21. PW-1 Inder Singh deposed that when he was going of on motorcycle to Chakmoh, he saw one naked dead body of Sadhu drenched in blood. He informed the police post Deot Sidh.
Thereafter his statement under section 154 CrPC was recorded.
rt Case property was taken into possession. According to him, dog did not enter the rooms of the accused. He did not remember when the dog related proceedings took place. He did not remember whether it was before noon or after noon. Statement of PW-2 Kamal Kishore is material. According to him, on 22.9.2013, at about 9.30 pm, he had seen Kewal Krishan, Barfi Ram and Pradeep in Chakmoh Bazaar under the influence of liquor. At 11 pm, they again came and knocked the shutter of liquor vend.
They purchased liquor and went towards school. Hut of Sadhu was at 50 metres distance from the quarter. He was standing on lintel when he saw that the accused had broken the bottle while going towards the hut. He also heard accused abusing Sadhu. On the next morning, he came to know that dead body of Sadhu was lying on the road. In his cross-examination, he has admitted ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 12 categorically that the hut of Sadhu was not visible from his quarter. There was no provision of street light near the hut. He had not seen the accused near the hut of Sadhu. PW-4 Sanjay .
Sharma, deposed that on 22.9.2013, at about 8/8.30 pm he was present in his liquor vend. Kewal Krishan alongwith co-accused came to the liquor vend. They purchased one bottle of Royal Stag.
At about 9/9.30 they came back and purchased three bottles of of beer. At about 10.30 pm, they again came and bought two bottles of beer. He has admitted that the deceased also used to purchase liquor from the shop. According to him, hut of Sadhu was 200 rt metres from the quarter of PW-2 Kamal Kishore and there was jungle in between. PW-2 Kamal Kishore has disclosed the distance between the hut and his house to be 50 metres. Since there was jungle area between the hut of Sadhu and house of PW-2 Kamal Kishore, there was no possibility of the accused being seen by PW-2 Kamal Kishore near the hut. PW-4 Sanjay Sharma also admitted that accused had not consumed liquor in his presence. PW-5 Parveen Kumar has also admitted that Sadhu used to drink. He used to drink individually and also in the company of others. According to Ext. PW-10/B, presence of Ethyl Alcohol in his blood was 239.38 mg per cent. PW- 10 Dr. Rakesh Dhiman has also admitted that the contents of alcohol in the viscera of the deceased were at the level of intoxication. A person, in whose blood quantity of Ethyl Alcohol is 239.38 mg per cent ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 13 would be drunk. A person with blood alcohol concentration of 150-300 mg% would be intoxicated, as per Lyon's Medical Jurisprudence and Toxicology, 11th Edition, page 626. Similarly .
in Medical Jurisprudence and Toxicology by Dr. K.S.Narayan Reddy, Edition 2004 (Reprint), at page 590, a person who has consumed 150-300 mg %, would be drunk. In Parikh's Text book of Medical Jurisprudence and Toxicology at page 855, it is stated of that at a concentration of 0.15 per cent (150 mg %), some are under the influence of alcohol and others decidedly would be drunk. With increasing concentrations the symptoms become rt more intense. In the instant case, the quantity of ethyl alcohol in exhibit P/5 (blood) was 209.81 mg%. Since the accused had very high concentration of ethyl alcohol in blood, the possibility of receiving the injuries by fall cannot be ruled out, more particularly, when there is no eye witness to the incident and no motive is attributed to the accused for killing the deceased.
22. Since the case is entirely based on circumstantial evidence, no specific motive has been attributed to the accused why they would kill Sadhu residing in his hut near road side.
According to the medical evidence, Sadhu was drunk and the possibility of his receiving injuries by way of fall can not be ruled out. Even according to PW-10 Dr. Rakesh Dhiman also who has conducted post-mortem examination and issued PMR Ext. PW-
10/C, injuries received by Sadhu could be caused due to fall.
::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 1423. Now, we will advert to the manner in which recovery of clothes and slippers has been made by the police from the accused. According to PW-7 Bhagi Rath, clothes of Kewal Krishan .
were already in possession of the police when he reached the spot. Clothes and slippers were recovered on the basis of disclosure statements Ext. PW-8/A, Ext. PW-8/B and Ext. PW-
8/C. PW-8 Sewa Dass, in his cross-examination, he has admitted of that accused did not sign the disclosure statements Ext. PW-8/A to PW-8/C, in his presence. PW-7 Bhagi Rath also deposed that clothes of one of the accused Kewal Krishan, were already in rt possession of the police. Since the accused have not signed the disclosure statements in the presence of Sewa Dass, it makes recovery of clothes and slippers doubtful.
24. Mr. M.A. Khan, Additional Advocate General, has relied upon the statement of PW-18 Deep Sharma. PW-18 Deep Sharma, has admitted in his cross-examination that the dog did not enter the rooms of any of the house. Similarly, PW-1 Inder Singh has also deposed that the dog did not enter the rooms of the house of accused. According to him, footprints of accused were also taken into possession as per report of Shri Rajesh Kumar. However, fact of the matter is that Rajesh Kumar in his cross-examination, has admitted that the age of shoe mark could not be ascertained. According to Ext. PW-16/A, no blood was detected on Ext. PW-18/A (Shirt of Barfi Ram), Ext. PW-18/B ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 15 (Lower of Barfi Ram), Ext. PW-19/A (T-shirt of Pradeep Kumar) and Ext. PW-21/A (T-shirt of Kewal Krishan).
25. Their lordships of the Hon'ble Supreme Court in .
Dandu Jaggaraju v. State of A.P. reported in (2011) 14 SCC 674 have held that in a case relating to circumstantial evidence, motive is often a very strong circumstance which has to be proved by the prosecution and it is this circumstance which often of forms the fulcrum of the prosecution story. Their lordships have held as under:
9. It has to be noticed that the marriage between P.W. 1 rt and the deceased had been performed in the year 1996 and that it is the case of the prosecution that an earlier attempt to hurt the deceased had been made and a report to that effect had been lodged by the complainant. There is, however, no documentary evidence to that effect. We, therefore, find it somewhat strange that the family of the deceased had accepted the marriage for about six years more particularly, as even a child had been born to the couple. In this view of the matter, the motive is clearly suspect. In a case relating to circumstantial evidence, motive is often a very strong circumstance which has to be proved by the prosecution and it is this circumstance which often forms the fulcrum of the prosecution story.
26. Their lordships of the Hon'ble Supreme Court in Rumi Bora Dutta v. State of Assam reported in (2013) 7 SCC 417 have held that when a case is totally hinges on the circumstantial evidence, it is the duty of the Court to see that the ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 16 circumstances which lead towards the guilt of the accused have been fully established and they must lead to a singular conclusion that the accused is guilty of the offence and rule out .
the probabilities which are likely to allow the presumption of innocence of the accused. Their lordships have held as under:
[10] It is seemly to state here that the whole case of the prosecution rests on the circumstantial evidence. The learned trial Judge as well as the High Court has referred of to certain circumstances. When a case is totally hinges on the circumstantial evidence, it is the duty of the Court to see that the circumstances which lead towards the guilt of rt the accused have been fully established and they must lead to a singular conclusion that the accused is guilty of the offence and rule out the probabilities which are likely to allow the presumption of innocence of the accused. [13] In C. Chenga Reddy and others v. State of A.P., 1996 10 SCC 193 it has been held that in a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Further, the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence.
27. Their lordships of the Hon'ble Supreme Court in Rishipal v. State of Uttarakhand reported in (2013) 12 SCC 551 have held that while motive does not have a major role to play in cases based on eye-witness account of the incident, it assumes ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 17 importance in cases that rest entirely on circumstantial evidence.
Their lordships have held as under:
15. The second aspect to which we must straightaway refer .
is the absence of any motive for the appellant to commit the alleged murder of Abdul Mabood. It is not the case of the prosecution that there existed any enmity between Abdul Mabood and the appellant nor is there any evidence to prove any such enmity. All that was suggested by learned counsel appearing for the State was that the of appellant got rid of Abdul Mabood by killing him because he intended to take away the car which the complainant- Dr. Mohd. Alam had given to him. That argument has not rt impressed us. If the motive behind the alleged murder was to somehow take away the car, it was not necessary for the appellant to kill the deceased for the car could be taken away even without physically harming Abdul Mabood. It was not as though Abdul Mabood was driving the car and was in control thereof so that without removing him from the scene it was difficult for the appellant to succeed in his design. The prosecution case on the contrary is that the appellant had induced the complainant to part with the car and a sum of Rs.15,000/-. The appellant has been rightly convicted for that fraudulent act which conviction we have affirmed. Such being the position, the car was already in the possession and control of the appellant and all that he was required to do was to drop Abdul Mabood at any place en route to take away the car which he had ample opportunity to do during all the time the two were together while visiting different places. Suffice it to say that the motive for the alleged murder is as weak as it sounds illogical to us. It is fairly well-settled that while motive does not have a major role to play in cases based on eye-witness ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 18 account of the incident, it assumes importance in cases that rest entirely on circumstantial evidence. Sukhram v. State of Maharashtra, 2007 7 SCC 502, Sunil Clifford Daniel (Dr.) v. State of Punjab, 2012 8 Scale 670, Pannayar .
v. State of Tamil Nadu by Inspector of Police, 2009 9 SCC
152. Absence of strong motive in the present case, therefore, is something that cannot be lightly brushed aside.
19. It is true that the tell-tale circumstances proved on the of basis of the evidence on record give rise to a suspicion against the appellant but suspicion howsoever strong is not enough to justify conviction of the appellant for murder. The trial Court has, in our opinion, proceeded more on the rt basis that the appellant may have murdered the deceased- Abdul Mabood. In doing so the trial Court over looked the fact that there is a long distance between 'may have' and 'must have' which distance must be traversed by the prosecution by producing cogent and reliable evidence. No such evidence is unfortunately forthcoming in the instant case. The legal position on the subject is well settled and does not require any reiteration. The decisions of this Court have on numerous occasions laid down the requirements that must be satisfied in cases resting on circumstantial evidence. The essence of the said requirement is that not only should the circumstances sought to be proved against the accused be established beyond a reasonable doubt but also that such circumstances form so complete a chain as leaves no option for the Court except to hold that the accused is guilty of the offences with which he is charged. The disappearance of deceased-Abdul Mabood in the present case is not explainable as sought to be argued before us by the prosecution only on the hypothesis that ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP 19 the appellant killed him near some canal in a manner that is not known or that the appellant disposed of his body in a fashion about which the prosecution has no evidence except a wild guess that the body may have been dumped .
into a canal from which it was never recovered.
28. Thus, the prosecution has failed to prove its case against the accused beyond all reasonable doubt. No motive has been contributed to the accused.
of
29. Accordingly, the present appeal is allowed.
Judgment/Order dated 10.12.2014/17.12.2014, rendered by rt learned Additional Sessions Judge, Hamirpur (HP) circuit court Barsar in Sessions Trial No. 01 of 2014 RBT 04/14 is set aside.
The accused are acquitted of the offences under Section 302/34 IPC. Accused be released forthwith, if not required in any other case by the Police. Fine amount, if any, paid by the accused, be refunded to them. Registry is directed to prepare the release warrants of the accused and send the same to the Superintendent Jail concerned forthwith.
(Rajiv Sharma) Judge (Sureshwar Thakur) Judge December 3, 2015 (vikrant) ::: Downloaded on - 15/04/2017 19:25:47 :::HCHP