Himachal Pradesh High Court
Man Singh vs State Of H.P on 15 September, 2023
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. A. No. 120/2018 Reserved on: 13.9.2023 Decided on : 15.9.2023 .
Man Singh .....Appellant
Versus
State of H.P. ....Respondent
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
of The Hon'ble Mr. Justice Ranjan Sharma, Judge.
Whether approved for reporting?1No For the Appellant:
rt For the Respondent:
Mr. Umesh Kanwar, Advocate.
Mr. I. N. Mehta, Mr. Y. W. Chauhan, Sr. Additional Advocate Generals, Ms. Sharmila Patial, Addl. A.G. and Mr. J. S. Guleria, Dy.A.G. ____________________________________________________________________ Justice Tarlok Singh Chauhan, Judge The appellant/convict has filed the instant appeal against the judgment, dated 20.11.2017 passed by the learned Special Judge-II, Chamba, H.P. whereby he has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of 3 years under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985( in short, "NDPS Act"). 1 Whether reporters of the local papers may be allowed to see the judgment? Yes.::: Downloaded on - 15/09/2023 20:35:25 :::CIS 2
2. The case of the prosecution, in a brief, is that on 18.1.2016 HC Virender Singh (PW-11) alongwith HHC Mohd.
.
Ashlam, Constable Yog Raj (PW-1), Constable Suneel Kumar (PW-3), I.O. bag, mega light, government camera, electronic scale, proceeded from SIU Chamba at about 10.15 AM in government vehicle bearing registration No. HP-48-1220 in connection with 'Nakabandi' towards 'Koti', 'Lachori', 'Khairi', of 'Chohda', etc. They laid 'Naka' at Koti between 11.30 AM to 4.30 PM and thereafter proceeded towards 'Chohda' Dam for rt 'Nakabandi'.
3 At about 5.30 PM, they laid 'Naka' near 'Dhai-Nalla' and at about 6.55 PM noticed one white coloured Alto Car bearing registration No.HP-73-2543 coming from the side of 'Lal-Pul' towards 'Dhai-Nalla', which was signaled to stop for checking, wherein only driver was found present. PW-11 when started checking the documents and talking to the driver of that vehicle, namely, Babar Khan (PW- 2), at the same time, the appellant came on foot from the side of 'Dhai-Nalla' having a carry bag on his right hand. On seeing the police party, he became perplexed and tried to run back from the spot.
4 On suspicion, the appellant was nabbed by PW-11 with the help of police party present on the spot and on asking ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 3 his credentials, he disclosed his name and address. On the basis of conduct of the appellant, a suspicion arose that he .
might be carrying some stolen articles with him and accordingly PW11 checked the carry bag of the appellant. On opening the carry bag, one another red coloured carry bag came out, which was found to be containing black coloured hard substance in the shape of round, sticks and bundle of sticks.
of 5 On the basis of smell, experience and burning, the substance was found to be charas/cannabis. The recovered rt charas/cannabis weighed with the electronic scale was found to be 2 Kg. 514 gms. The recovered cannabis/chars was put in the red coloured carry bag, which, in turn was placed inside another carry bag in the same manner. Thereafter the carry bag was sealed in a white piece of cloth with five seal impressions of seal "V".
6 Thereafter, PW-11 filled-in NCB forms in triplicate, Ex.PW-11/A and the sample seal Ex.PW- 1/A was drawn on a separate piece of cloth. Seal "V" was embossed on the NCB Form in triplicate by PW-11 and the same after use was handed over to PW-1. The above said parcel containing charas, NCB Forms in triplicate, sample seal were taken into possession vide recovery and seizure memo Ex.PW-1/B, which was signed by ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 4 PW-1, PW-3, PW-2 being witnesses as also the appellant. The parcel Ex.P-1, sample seal, recovery and seizure memo were .
also signed by PW-1, PW-3, PW-2 and the appellant. Thereafter, PW-11 prepared rukka Ex.PW-11/B and sent the same to Police Station Khairi through PW-3 for registration of an FIR, on the basis of which, an FIR came to be registered at Police Station.
7 MHC Neeraj Kumar (PW-7) entered an FIR on the of direction of Inspector/SHO Kirpal Singh (PW-9) and prepared the case file, which was thereafter handed over to PW-3 with a rt direction to hand over the same to Investigating Officer. A copy of rukka Ex.PW-8/A was also sent to Dy. S.P. Dalhousie through HHC Mohd Aslam for information. The Superintendent of Police, Chamba and the aforesaid Dy. S.P. were also informed telephonically about apprehension of the appellant alongwith contraband.
8 As per directions of the higher officer, another Investigating Officer was deputed for further investigation. ASI Subhash Chand (PW-12), HHC Shankar Dev, HHC Shakti Singh and Constable/driver Daulat Ram came to the spot at about 10.15 PM and after the arrival of PW-12, inventory list Ex.PW-
1/C was prepared by PW-1. The inventory list Ex.PW-1/C was signed by PW-11 and PW-12 being presenter and receiver of ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 5 the articles mentioned in the inventory list respectively.
Thereafter, PW-12 prepared spot map Ex.PW-12/A on the .
demarcation of PW-11. He also recorded the statements of the witnesses.
9 On the arrival of PW-3 alongwith case file, PW-12 filled-in FIR number on the documents prepared on the spot.
The appellant was interrogated and thereafter arrested by PW-
of 12 vide memo Ex.PW-12/B, which was signed by HHC Shankar Dev, HHC Shakti Singh and the appellant; and information qua rt his arrest was given to his relatives. After arrest, the appellant was personally searched and Jamatalasi memo Ex.PW-12/C was prepared. Thereafter, PW-12 alongwith HHC Shankar Dev, HHC Shatki Singh, Constable/driver Daulat Ram and the appellant alongwith the case property returned to Police Station Khairi.
10 On reaching police station, PW-12 handed over the case property to PW-9 for resealing alongwith the documents and the articles which were taken into possession in 'Jamatalasi' to PW-7, who entered 'Jamatalshi' articles in the Malkhana register at Sr. No.17. At about 2.35 AM, PW-9 handed over one parcel sealed with five seal impressions of seal "V" and "A" each to be containing 2 kg 514 grams charas ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 6 alongwith NCB forms in triplicate, reseal memo, recovery and seizure memo, sample seals to PW-7, which were entered by .
him in the Malkhana register at Sr. No.17, Ex.PW-7/A. 11 PW-7 on 19.1.2016 sent the above said case property alongwith documents to FSL, Junga for chemical analysis through Constable Sanjiv Kumar (PW-6) vide RC No. 4/16, Ex.PW-7/B and made an entry to that effect in the of Malkhana register. PW-6 on his return handed over road certificate to PW-7. Thereafter on 16.2.2016, the case property rt alongwith result was received at Police Station Khairi by PW-7 and entry to this effect was entered by him in the Malkhana register.
12 On 23.2.2016, PW-7 sent the case property to District Malkhana Chamba vide R.C. No. 13/16 Ex.PW-7/C through HHC Shakat Singh and also made entry to that effect.
He also entered rapat No.27 dated 18-1-2016 Ex. PW-7/D regarding departure of PW-12 and police party to the spot. PW-
12 also entered GD No.3 dated 19-1-2016 Ex.PW-7/E regarding arrival of PW-12 alongwith police party and the appellant in the police Station Khairi.
13 On 20-1-2016 PW-12 sent the special report Ex.PW-
8/C to SDPO, Dalhousie through LC Seema Kumari (PW-5). He ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 7 obtained the departure rapat Ex.PW-4/A dated 18-1-2016 of the SIU team and extract of the entry register Ex.PW-8/D from .
the office of SDPO Dalhousie. He also recorded the statements of PW-7, PW-6, PW-5, HC Ashok Kumar (PW- 8), HHC Shakti Singh and HHC Mohd Aslam as per their respective versions.
14 The Chemical Examiner, on analysis of the recovered substance, opined vide report Ex. PX, the same to be extract of of cannabis and sample of Charas and quantity of resin therein to be 18.36% w/w. After the receipt of the report Ex.PX and on the rt completion of the investigation, PW-12 handed over case file to PW-9 for preparation of the challan, which he prepared and presented in the Court for trial.
15 After finding sufficient evidence, charge was framed against the appellant under the aforesaid section.
16 In order to prove its case, the prosecution examined as many as 12 witnesses. Thereafter, statement of the appellant was recorded under Section 313 Cr.P.C., wherein he claimed himself to be an innocent, but did not lead any evidence in his defence.
17 The learned Special Judge, after evaluating the oral as well as documentary evidence, convicted and sentenced the appellant, as aforesaid.
::: Downloaded on - 15/09/2023 20:35:25 :::CIS 818 It has been vehemently argued by Mr. Umesh Kanwar, Advocate, that the story of the prosecution is highly .
improbable and is replete with contradictions and exaggerations and not even supported by the independent witness, therefore, the appellant deserves to be acquitted.
19 On the other hand, Mr. J. S. Guleria, learned Deputy Advocate General, would argue that the prosecution of has successfully proved its case beyond all reasonable doubts and the appellant has rightly been convicted and sentenced by rt the learned Special and such findings warrant for no interference by this Court.
20 We have heard the learned counsel for the parties and have also gone through the records of the case.
21 PW-11 HC Virender Singh is the Investigating Officer, who in his examination-in-chief, has deposed that on 18.1.2016, he alongwith HHC Mohd. Aslam, PW-1, PW-3, I.O.
bag, mega light, government camera, electronic scale, proceeded from SIU Chamba at about 10.15 AM in a government vehicle bearing registration No.HP-48-1220 in connection with 'Nakabandi' toward 'Koti', 'Lachori', 'Khairi', 'Chohda', etc. They laid 'Naka' between 11.30 AM to 4.30 PM and thereafter proceeded towards 'Chohda' Dam for ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 9 'Nakabandi'. They at about 5.30 PM laid 'Naka' near 'Dhai-Nalla' and at about 6.55 PM, one white coloured Alto Car bearing .
registration No.HP-73-2543 came from the side of 'Lal-Pul' towards 'Dhai-Nalla'. That vehicle was signaled to stop for checking and only driver was found present in that vehicle. On checking the documents, it was revealed that the person driving vehicle was Babar Khan (PW2). He further deposed of that while he was talking to PW2, at the same time, the appellant came on foot from the side of 'Dhai-Nalla' having a rt carry bag on his right hand. On seeing the police party the appellant became perplexed and tried to run back from the spot. On suspicion, the appellant was nabbed by him with the help of police party present on the spot. On asking his credentials, the appellant disclosed his name and address. On the basis of his conduct, a suspicion arose that the appellant might be carrying some stolen articles as a number of thefts had taken place in the area. Upon checking carry bag of the appellant, it was found to be containing one another red coloured carry bag, which on opening was found to have black coloured hard substance in the shape of round, sticks and bundle of sticks. On the basis of smell, experience and burning, the substance was found to be charas/cannabis. The recovered ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 10 charas/cannabis was weighed with the electronic scale and found to be 2 Kg. 514 gms. The recovered cannabis/charas was .
put in a red coloured carry bag, which in turn, was then placed inside the other carry bag in the same manner. Thereafter the carry bag was sealed in a white piece of cloth with five seal impressions of seal "V". He filled-in columns No.1 to 8 of the NCB forms in triplicate, Ex.PW-11/A. The sample seal Ex.PW-
of 1/A was drawn on a separate piece of cloth, upon which his signatures bear under red circle "C". Seal "V" was embossed on rt the NCB Form in triplicate and the seal "V" after use was handed over to PW-1. The above parcel containing charas, NCB Forms in triplicate, sample seal were taken into possession vide recovery and seizure memo Ex.PW-1/B. Thereafter, he prepared rukka, Ex.PW-11/B and sent the same to Police Station Khairi through PW-3 for registration of an FIR. A copy of rukka Ex.PW-8/A was also sent to Dy. S.P. Dalhousie through HHC Mohd Aslam for his information. The S.P. and the Dy.S.P. were also informed telephonically about apprehension of the appellant alongwith the contraband. As per the directions of the higher officer, SHO, Police Station Khairi deputed another Investigating Officer for further investigation. PW-12, HHC Shankar Dev, HHC Shakti Singh and Constable-cum-driver ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 11 Daulat Ram came to the spot at about 10.15 PM. After arrival of the second Investigating Officer PW-12, inventory list Ex.PW-
.
1/C was prepared by PW-1 under his directions. Thereafter, PW-12 prepared the spot map on his demarcation. He also recorded the statements of the witnesses.
22 Testimony of PW-11 HC Virender Singh has been fully corroborated by PW-1 HC Yog Raj and PW-3 Constable of Sunil Kumar.
23 PW-12 ASI Subhash Chandis second Investigating rt Officer of the case, who deposed that on 18.1.2016, PW-9 directed him to go to 'Dhai-Nalla', where PW-11 had apprehended one person with the contraband. PW-9 further directed him to proceed to the spot being second Investigating Officer to conduct further investigation of the case. He accordingly proceeded to spot alongwith HHC Shankar Dev, HHC Shakti Singh, Constable/driver Daulat Ram at about 9.30 PM and reached the spot at about 10.15 PM. On reaching the spot, PW-11 handed over to him one sealed parcel alongwith NCB forms in triplicate, sample seal and other documents and the appellant as per inventory list Ex.PW-1/C. On the demarcation of PW-11, he prepared spot map Ex.PW-12/A. Thereafter, he recorded the statements of the spot witnesses.
::: Downloaded on - 15/09/2023 20:35:25 :::CIS 12On the arrival of PW-3 alongwith case file, he filled-in FIR number on the documents prepared on the spot. The appellant .
was interrogated and thereafter arrested by him vide memo Ex.PW-12/B. Information of arrest of the appellant was given to his relatives. The appellant was personally searched after the arrest and Jamatalasi memo Ex.PW-12/C was prepared.
Thereafter, he alongwith HHC Shankar Dev, HHC Shakti Singh, of Constable/driver Daulat Ram and the appellant alongwith the case property came back to Police Station Khairi. On reaching rt the police station, he handed over case property to PW-9 for resealing alongwith the documents. The articles of the appellant taken into possession in the Jamatalasi were handed over to MHC PW-7. On 20.1.2016, he sent special report Ex.PW-8/C through PW5 to SDPO, Dalhousie. He obtained departure rapat Ex.PW-4/A, dated 18-1-2016 of the SIU team. He also obtained the extract of the entry register Ex.PW-8/D from the office of SDPO, Dalhousie. He recorded the statements of PW-7, PW-6, PW-5, HC Ashok Kumar, HHC Shakti Singh and HHC Mohd.
Aslam as per their respective versions. He also recorded the statement of witness PW2, Ex.PW-12/D as per his version. On the completion of the investigation and receipt of the FSL ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 13 report, Ex.PX, he handed over the case file to SHO PW-9 for preparation and presentation of the challan.
.
24 PW-9 is SHO Kripal Singh, who, in his examination-
in-chief, deposed that on 18.1.2016, rukka Ex.PW-11/B was received at Police Station, Khairi through PW-3, on the basis of which, FIR EX.PW-9/A was registered. After lodging the FIR, he made an endorsement on the rukka. On 19.1.2016, PW-12 of handed over to him one parcel sealed with five seal impressions of seal "V" to be containing 2 kg 514 grams Charas alongwith rt sample seal, NCB forms in triplicate, recovery and seizure memo and the appellant. He resealed above said parcel with five seal impressions of seal "A". Sample seal, Ex. PW-9/B was drawn on the backside of sample seal Ex.PW-1/A. He filled-in the relevant columns of NCB forms in triplicate. He prepared the re-seal memo Ex.PW-9/C. The seal after use was handed over to Constable Ramesh Kumar (PW-10). He also recorded the statement of PW-10. Thereafter he presented the case property to MHC PW-7 to be deposited in the Malkhana.
25 PW-10 HC Ramesh Kumar is the witness to the resealing process, who has corroborated version of PW-9 with respect to the resealing.
::: Downloaded on - 15/09/2023 20:35:25 :::CIS 1426 PW-7 HC Neeraj Kumar at the relevant time was MHC, at Police Station Khairi. He deposed that on 18.1.2016 at .
10.15 PM, PW-3 came to the Police Station with rukka. PW-9 directed him to register the FIR on the basis of rukka. He accordingly entered the FIR on his direction and prepared the case file. Thereafter the case file was handed over to PW-3 with a direction to hand over the same to Investigating Officer. On of 19.1.2016, at about 2.05 AM, PW-12 deposited with him jamatalashi of the appellant, rt qua which entry was made by him in the Malkhana register at Sr. No.17. At about 2.35 AM, PW-9 handed over to him one parcel sealed with five seal impressions of seal "V" and "A" each to be containing 2 kg 514 grams charas alongwith NCB forms in triplicate, reseal memo, recovery and seizure memo, sample seals. The same were entered by him in the Malkhana register at Sr. No.17, Ex.PW-
7/A. On 19.1.2016, he sent the above said case property alongwith the documents to FSL, Junga for chemical analysis through PW-6 vide RC No. 4/16 Ex.PW-7/B and entry to this effect was made by him in the Malkhana register. PW-6 on his return handed over the RC to him. On 16.2.2016, the case property alongwith the result was received at Police Station Khairi by him. The entry regarding receiving of the case ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 15 property and the result of the FSL, Junga was entered by him in the Malkhana register against the same at Sr. No. 17. On .
23.2.2016 he sent the case property to District Malkhana Chamba vide RC No. 13/16 Ex.PW-7/C through HHC Shakat Singh and made entry to that effect in the Malkhana register against the same at Sr. No.17. He entered rapat No.27, dated 18.1.2016 Ex. PW-7/D regarding departure of ASI Subhash of Chand and police party to the spot. He also entered GD No.3, dated 19.1.2016 Ex.PW-7/E regarding arrival of ASI Subhash rt Chand alongwith police party and the appellant in police Station Khairi. He also entered GD No.4 dated 19.1.2016 Ex.PW-7/F regarding resealing of the case property by SHO and handing over the parcel after resealing to him. Likewise, he also entered GD No. 17, dated 16.2.2016 Ex.PW-7/G regarding arrival of Constable Sanjiv Kumar from FSL, Junga and GD No.6 dated 23.2.2016 Ex.PW-7/H regarding dispatch of case property to District Malkhana, Chamba.
27 PW-2 Babar Khan is an independent witness, who deposed that the police personnel had laid the 'Nakka' at 'Chohda' and were checking the vehicles. They also checked his vehicle. The police asked him to remain on the spot for some time. He was asked to sign some documents and told that they ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 16 had apprehended some person with Charas. No recovery was effected in his presence. He was declared hostile. In his cross .
examination by the Public Prosecutor, he did not support the case of the prosecution except to the extent stating that on 18.1.2016 at about 6.55 PM, he was stopped by the police at 'Dhai Nalla', who checked the documents of his car. He also admitted his signature on sample seal Ex.PW-1/A, recovery of memo Ex.PW-1/B and parcel Ex.P-1.
28 PW-4 LHC Uma Kumari entered rapat No.4 on rt 18.1.2016 Ex.PW-4/A regarding departure of the police party from SIU, Chamba.
29 PW-5 LC Seema Kumari handed over special report to SDPO, Dalhousie on 20.1.2016.
30 PW-6 Constable Sanjeev Kumar took the case property alongwith the documents to FSL Junga vide RC No.4/16 dated 19.1.2016 and deposited the same at FSL, Junga on 21.1.2016.
31 PW-8 HC Ashok Kumar is Reader to SDPO, Dalhousie, who proved copy of rukka Ex. PW-8/A and special report Ex.PW-8/C. 32 This, in entirety, is case of the prosecution.
::: Downloaded on - 15/09/2023 20:35:25 :::CIS 1733 Mr. Umesh Kanwar, learned counsel for the appellant has vehemently argued that there are material .
contradictions in the statements of the prosecution witnesses.
He would point out that as per PW1 and PW11, independent witness PW2 remained on the spot from 11.15 PM to 11.30 PM, however when PW2 was cross-examined in the court, he deposed that he remained on the spot for about 10-15 minutes.
of He would further argue that PW3 in his cross-examination has specifically deposed that they reached 'Dhai Nalla' at about 5.50 rt P.M., whereas Investigating Officer PW11 has stated that they laid 'Nakka' near 'Dhai Nalla' at about 5.30 PM. Lastly, he would argue that that as per PW3, he reached at Police Station Khairi at about 10.15 P.M. and the case file was handed over to him at about 10.45 P.M., whereas PW9 deposed that PW3 reached Police Station at about 11.15 P.M. 34 It is well settled that minor contradictions, inconsistencies, embellishments or improvements on trivial matters, which do not affect core of the prosecution case, should not be made a ground on which evidence can be rejected in its entirety.
35 Exaggeration per se do not render the evidence brittle. But it can be one of the factors to test credibility of the ::: Downloaded on - 15/09/2023 20:35:25 :::CIS 18 prosecution version, when the entire evidence is put in a crucible for being tested on the touchstone of credibility.
.
Therefore, mere marginal variations in the statements of witnesses can be dubbed as improvements as the same may be elaborations of the statement made by the witness earlier. The omissions, which amount to contradictions in material particulars, that is, go to root of the case/materially affect the of trial or core of the prosecution's case, render the testimony of the witness liable to be discredited.
rt 36 Adverting to the present case, none of the contradictions, as pointed out by the learned counsel for the appellant, affect the core or substratum of the prosecution case being normal in nature and the same do not erode the substance of the testimonies of the witnesses. It has to be remembered that in all criminal cases, normal discrepancies are bound to occur in the depositions of witnesses due to normal errors of observation, namely, errors of memory due to lapse of time or due to mental disposition etc. Where the omissions amount to a contradiction, creating a serious doubt about the truthfulness of the witness and other witnesses also make material improvement while deposing in the court, such evidence cannot be safe to rely upon.
::: Downloaded on - 15/09/2023 20:35:25 :::CIS 1937 Further, even if a witness is found false on a point, it does not mean that his entire testimony has to be disbelieved, .
rather it is duty of the court to separate the grain from the chaff. At the same time, the Court cannot also ignore that the offence under the NDPS is quite grave and provide stringent punishment. Graver is the offence severe should be the punishment.
of 38 The Court cannot be unmindful of the fact that the incident in this case rt took place on 18.1.2016 and the first witness, PW-1 was examined after nearly 11 months on 16.12.2016 along with independent witness PW2. PW3 was examined after nearly one year on 2.1.2017 and obviously in such circumstances, the aforesaid official witnesses are not expected to give parrot like statements and there bound to be minor contradictions here and there, but these contradictions, as pointed out, do not cast any dent on the prosecution story as the same do not affect credibility of the official witnesses.
39 As a last ditch effort, learned counsel for the appellant would argue that the so-called independent witness PW2 has not supported the prosecution case, which goes a long way to prove that the same is concocted one, as no recovery whatsoever was effected from the appellant.
::: Downloaded on - 15/09/2023 20:35:25 :::CIS 2040 No doubt, PW2 independent witness, was declared hostile, but then perusal of his cross-examination clearly goes .
to reveal that he has admitted his presence and that of police officials on the spot at the relevant date and time. He has further admitted his signatures on documents, Ext. PW1/A, Ext. PW1/B and Ext. P1. He has specifically deposed that he was not forced by the police to sign these documents and he did of not lodge any compliant to the higher officials regarding his signatures taken by the police. This witness has not offered rt any explanation as to why he had signed aforesaid documents if the same were contrary to factual position.
41 In the given facts and circumstances, learned Special Judge has rightly observed that the conviction could be be based solely on the basis of testimonies of official witnesses if found to be reliable, cogent and the same cannot be discarded only on account that they are police officials and may be interested in success of case and their testimonies cannot be accepted unless corroborated by other independent witness.
42 Evidently, in the instant case, testimonies of police officials on material facts have been corroborated by each witness and they have further withstood test of cross-
::: Downloaded on - 15/09/2023 20:35:25 :::CIS 21examination and nothing favourable could be extracted by the appellant.
.
43 Having regard to the oral as well documentary evidence, we are in agreement with the findings recorded by the learned Special Judge. From the evidence on record, the prosecution has proved the guilt of the appellant beyond all reasonable doubts and the conviction and sentence imposed is of in conformity with the provisions of law and evidence on record, thus no interference is called for, more particularly, when such rt findings do not suffer from any perversity and illegality.
44 In view of aforesaid discussions and for the reasons stated hereinabove, we find no merit in the instant appeal and the same is accordingly dismissed, so also the pending application (s), if any.
(Tarlok Singh Chauhan) Judge (Ranjan Sharma) 15.9.2023 Judge (pankaj) ::: Downloaded on - 15/09/2023 20:35:25 :::CIS