Himachal Pradesh High Court
Rajkumar vs State Of H.P on 22 December, 2017
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 663 of 2008.
Reserved on : 15.12.2017.
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Date of Decision: 22nd December, 2017.
Rajkumar .....Appellant.
Versus
State of H.P. ....Respondent.
Coram
The Hon'ble
Judge.
r Mr.
Justice Sureshwar Thakur,
Whether approved for reporting? Yes.
For the Appellant: Mr. Ramakant Sharma, Sr. Advocate with Mr. Basant Thakur, Advocate.
For the Respondent: Mr. R.S. Thakur, Addl. A.G. Sureshwar Thakur, Judge.
The appeal stands directed against the impugned judgment of conviction besides consequent sentence(s) pronounced upon the accused by the learned trial Court, in respect of charges framed against him under Section 306 of the IPC.
::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 22. The case set up by the prosecution in brief is that the husband of deceased Leela Devi, Shri Ram Kishan passed away about five years back. She had .
three children, Vivek, Arun and accused Raj Kumar.
Accused Raj Kumar used to stay at his parental house in village, whereas, two others were living in Delhi.
The entire landed property of his father had been bequeathed in the name of deceased Leela Devi.
Though, accused and his mother used to reside in the same house but live separately. There were bickerings since the death of Sh. Ram Kishan and the relations between the mother and the son were stated to be sour as the accused used to demand the entire property from the deceased. The deceased was forced to leave the house now and then. So much so hat the deceased was compelled to take refuge in the house of her niece (PW-1) or with her sister Smt. Kalyani Devi (PW-3) or compelled to go to Delhi. The old lady had become helpless. Not only this, the accused used to cast doubts about the maternity of the deceased by proclaiming that he is not her son. About five days prior to the occurrence a Panchayat had been called in ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 3 he village where even the S.D.M., Amb, had come to resolve the dispute between the son and the mother.
Ultimately on 30th of July, 2006, when the deceased .
had gone to the house of her niece Smt. Raman Kumari (PW-1, she went disappearing at about 5 a.m. A frantic search was made. Smt. Kalyanai Devi and the brother of deceased Sh. Kalyan Singh were informed about her disappearance at village Nangal Jarialan. During the course of search at about 2 P.M., the slippers of the deceased were noticed near the well and on further and close scrutiny the deceased was seen lying in the well. On the statement of PW-1, recorded by the police, under Section 154 Cr.P.C., vide Ex.PW1/A, the criminal law was set into motion and on the basis of which FIR Ex. PW14/A came to be recorded in Police Station, Gagret. Thereafter the police carried out all the formalities with respect to the investigation(s) of the case.
3. On conclusion of investigation(s), into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.
::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 44. The accused stood charged by the learned trial Court, for his committing an offence punishable under Section 306 of the IPC. In proof of its case, the .
prosecution examined 14 witnesses. On conclusion of recording of prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the learned trial Court, wherein, he claimed innocence and pleaded false implication in the case.
5. On an appraisal of the evidence on record, the learned trial Court, recorded findings of conviction against the accused/appellant herein.
6. The appellant/convict stands aggrieved by the judgment of conviction recorded against him by the learned trial Court. The learned counsel appearing for the appellant/convict has concertedly and vigorously contended qua the findings of conviction recorded by the learned trial Court standing, being not, based on a proper appreciation, by it, of the evidence on record, rather, theirs standing sequelled by gross mis-appreciation, by it, of the material on record. Hence, he contends qua the findings of ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 5 conviction warranting reversal by this Court in the exercise of its appellate jurisdiction and theirs standing replaced by findings of acquittal.
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7. On the other hand, the learned Additional Advocate General has with considerable force and vigour, contended qua the findings of conviction recorded by the learned trial Court standing based on a mature and balanced appreciation, by it, of the evidence on record and theirs not necessitating any interference, rather theirs meriting vindication.
8. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record.
9. The accused is alleged to abet the commission of suicide by his deceased mother, one Leel Devi. Ascription(s) vis-a-vis the accused, of, his abetting the deceased to commit suicide, is comprised in the prosecution witnesses concerned, with mutual concurrence making testifications qua (I) accused misbehaving besdies repeatedly quarreling with his deceased mother; (b) the deceased being hence compelled to leave the house, rather hers being ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 6 constrained to stay with her niece. The aforesaid echoings, rendered, with harmony by the prosecution witnesses, in their respective testifications, hence .
comprises the evidentiary bedrock, for constraining this Court, to conclude, of, hence the accused while carrying the apposite penal mens rea, his instigating and actuating the deceased to commit suicide.
However, the aforesaid testifications rendered conjointly by the prosecution witnesses concerned are
(i) both nebulous besides imprecise vis-a-vis the apposite time of their occurrence, (ii) also hence concomitantly are improximate vis-a-vis the commission of suicide by deceased Leela Devi.
Consequently, the nebulous and imprecise, conjointly rendered testifications by the prosecution witnesses concerned, (iii) of the accused quarreling with the deceased and his misbehaving with her, (iv) importantly, when there is no disclosure also in their respective conjoint testifications qua the time of the purported instigations besdies actuations, meted by the accused vis-a-vis the deceased, for constraining the latter to commit suicide, (v) thereupon, the trite ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 7 legal principle, of, the timing(s) of all purported instigations or actuations being precisely testified by each of the prosecution witnesses concerned, and (vi) .
timings, of, purported instigatory or actuatory acts, holding, the closest proximity vis-a-vis the commission of suicide by the deceased, (vii) rather remains grossly unsatiated, with the concomitant effect, of the prosecution hence not succeeding in proving the charge against the accused.
10. Be that as it may, the aforesaid infirmity(ies), is cured by each of the prosecution witnesses concerned, in their respectively rendered testifications, making, with utmost unanimity, hence disclosures, qua five days prior to the occurrence, a Panchayat being summoned in the village, during, proceedings whereof, the S.D.M., Amb, also being present, especially for resolving the bickerings erupting inter se the accused and his deceased mother. Each of the prosecution witnesses also testified with unanimity qua the accused, during, the course of the relevant proceedings, rather meteing threatenings vis-a-vis the deceased, besides during ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 8 the course of the proceedings, which occurred five days, prior, to the deceased committing suicide, his making echoing(s), qua his compelling her to die. The .
concurrent testifications, made, by each of the prosecution witnesses concerned, qua the aforesaid panchayat proceedings, conducted in the village, five days prior to the occurrence, apparently, stand not concerted to be belied by the defence, by the defence counsel putting apposite suggestion(s) to each of the prosecution witnesses, during, the course of his holding them to cross-examination, with apposite echoings borne therein, of (a) neither five days prior to the occurrence, the Panchayat being summoned, (b) nor during the course of the proceeding(s), the accused meteing grave threatenings vis-a-vis the life of the deceased. The effect(s), of, the learned defence counsel, omitting, to mete vis-a-vis each of the prosecution wittinesses, during, the course of his holding them to cross-examination, any of the aforesaid suggestions, rather garners an inference of
(i) the defence acquiescing, to, the relevant Panchayat proceedings being convened five days ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 9 prior to the occurrence; (ii) of the accused during the course of the Panchayat proceedings, his meteing grave threatenings vis-a-vis the deceased. The further .
concomitant effect of the aforesaid acquiescences, is
(a) of the proceedings which occurred immediately five days prior to the ill fated occurrence, of the deceased committing suicide, visibly hence holding proximity in timing vis-a-vis the deceased committing suicide; (b) it making a loud open candid portrayal of the accused hence pronouncing his entrenched acrimony besides animosity with the deceased, whereupon, it is to be concluded, of the psyche of the deceased, being, entailed with a severe mental turmoil ; (c) hence in the deceased committing suicide, within, five days of occurrence, of, acquiesced panchayat proceedings, thereupon, constraining an inference, of the prosecution succeeding in proving the charge against the accused. Aggravated momentum, to the aforesaid inference, is, also garnered by the learned defence counsel while holding PW-2 to cross-examination, his putting suggestion(s), to him, qua a Panchayat being convened immediately ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 10 prior to the ill-fated commission, of suicide by the deceased.
11. Be that as it may, the learned counsel .
appearing for the convict/appellant, has contended with vigour, that the aforesaid acquiescences are belittled of their vigour by PW-2, during the course of
(i) his cross-examination, making admissions, to affirmative suggestions put to him thereat, of a Civil Litigation pending inter se the accused and the deceased AND during pendency thereof, the deceased alienating her share in the property received by her, from, her deceased husband vis-a-vis Bhupesh Kumar and one Bhim Singh, (ii) besides his also admitting suggestion(s), put to him, of the apposite sale deed besides mutation in consequence thereto being quashed and set aside, (iii) thereupon, he contends that, of, the aforesaid events, mounting mental pressure upon the deceased, rather hence theirs constituting the reason for the deceased committing suicide. However, the vigour of the aforesaid espousal, is rendered frail, by one Bhupesh, the alinee, of the deceased, upon his stepping into the witness ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 11 box, his making disclosure(s), of his making payment of the entire sale consideration vis-a-vis the deceased, also during the course of his cross-examination, his .
not rendering any echoings, qua his mounting pressure upon the deceased, for the latter returning the sale consideration to him, (iv) contrarily, he has denied the suggestion put to him, of, his pressurizing the deceased for refund of the sale consideration.
Consequently,r reiteratedly, hence, the purported cancellation of sale deeds executed by the deceased with one Bhim Singh and one Bhupesh Kumar, AND, of, the latters purportedly mounting pressure upon her for refund of the sale consideration AND thereupon, UPON, mental pressure being mounted upon the deceased, hence leading her to commit suicide, cannot, be construed to be constituting either any actuatory or instigatory evidentiary material, for the deceased to commit suicide.
12. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court, has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP 12 the analysis of the material on record by the learned trial Court does not suffer from any gross perversity or absurdity of mis-appreciation and non appreciation of .
evidence on record.
13. In view of the above, the instant appeal is dismissed and the impugned judgment is maintained and affirmed. The learned trial Court is directed to forthwith execute the sentence of imprisonment imposed upon the accused. All pending applications also stand disposed of. Records be sent back henceforth.
(Sureshwar Thakur) 22 nd December, 2017. Judge.
(jai) ::: Downloaded on - 29/12/2017 22:57:10 :::HCHP