Himachal Pradesh High Court
Rattan Chand vs State Of Himachal Pradesh on 28 March, 2019
Bench: Dharam Chand Chaudhary, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
Cr. Appeal Nos. 493 and 176 of 2015
Reserved on : 2.1.2019.
Decided on : 28.03.2019.
Cr. Appeal No. 493 of 2015
Rattan Chand ......Appellant.
Versus
State of Himachal Pradesh ......Respondent.
Cr. Appeal No. 176 of 2015
Vikash Puri ......Appellant.
Versus
State of Himachal Pradesh ......Respondent.
Coram
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge .
Whether approved for reporting? 1 Yes.
For the appellant in : Mr. Anup Chitkara, Advocate with
both the appeals. Ms. Sheetal Vyas, Advocate.
For the respondent : Mr. Vikas Rathore, Mr. Narender
Guleria, Addl. AGs, with Mr. Kunal
Thakur and Mr. Sunny Dhatwalia,
Dy. AGs.
Dharam Chand Chaudhary, J.
Appellants, hereinafter called as accused persons, in both the appeals are convicts. The principal accused is Rattan Chand, appellant in Criminal Appeal No. 493 of 2015. He has 1 Whether the reporters of the local papers may be allowed to see the Judgment? yes.
::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 2been convicted by learned Additional Sessions Judge, Chamba, District Chamba, H.P. for the commission of the offence .
punishable under Sections 302 and 404 of the Indian Penal Code, whereas acquitted of the charge framed against him under Section 376 of the Code. His co-accused Vikash Puri, the appellant in connected appeal No. 176 of 2015 has been held guilty and convicted for the commission of offence punishable under Section 411 of the Indian Penal Code. Accused Rattan Chand has been sentenced to undergo imprisonment for life and to pay `20,000/- as fine for the commission of offence punishable under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for three years for the commission of offence punishable under Section 404 of the Code, whereas accused Vikash Puri has been sentenced to undergo rigorous imprisonment for three years and to pay `5000/- as fine for the commission of the offence punishable under Section 411 of the Indian Penal Code vide judgment dated 10.4.2015, under challenge in these appeals.
2. On 9.5.2012 Gorkhi, a female, aged 42 years, was found dead in Khanera jungle, Pargana Manjer, Tehsil Salooni, District Chamba. The police of Police Station, Kihar received information in this regard at about 7:35 P.M. over telephone which was entered in rapat rojnamcha vide rapat Ext. PW18/C. On receipt of the information, PW23 Sub Inspector Darshan Singh ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 3 accompanied by ASI Ishwar Dass, HC Varinder (PW9), HC Bhag Singh, C. Satish (PW20), C. Rumel and C. Devi Chand (PW12) left .
for the spot in official vehicle (Gypsy) No. HP-48-0863. The same was being driven by C. Tilak Raj. On the spot, HC Bhupi Ram. C. Subhash and Lady Constable Ranjana of Police Station, Salooni had already arrived and present. Bal Krishan PW1 son of deceased was also present on the spot. He made the statement Ext.PW1/A which was recorded by PW 23 Sub Inspector Darshan Singh, the then Station House Office, Police Station, Kihar and investigating officer of this case. In a nut shell, the complainant PW1 has disclosed that on 9.5.2012 around 11:30 A.M. all family members had left the home in connection with their respective domestic affairs. He along with his wife also left for village Bhandal to the house of his paternal aunt (Bua) to attend the celebration of birthday of her son there. It is his mother Smt. Gorkhi, the deceased, left behind in the house. She told him that during day time she will go to forest to collect 'Khasrod' (wild vegetable). In the evening when he alongwith his wife returned around 3:30 P.M. to the house his younger brother Dharam Chand PW5 was present there. His mother, however, was not present. He, therefore, called her on her Cell Phone bearing No. 98169-67124. He in turn received the tone "switched off". He contacted his near relations to ascertain as to whether his mother Gorkhi has come to them or not. They all told that she ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 4 had not come to them. It is on this, he accompanied by his wife Meena Devi went inside the forest adjoining to their house in .
search of Gorkhi Devi. It is around 6:45 P.M. they noticed that she was lying inside the bushes. On touching her body she was found dead. Her dupatta was found tied around her neck. Blood had oozed out from her nose and mouth. The nose pin, golden ear rings and silver chain were found missing from her nose, ears and neck.
Her cell phone bearing No. 98169-67124 was found kept in light yellow coloured bag. However, on checking its SIM was found missing. In the bag, little wild vegetable was also found kept. Her plastic shoes were also found towards the side of her feet. On hearing his cries, the villagers also arrived at that place.
3. In view of the statement Ext. PW1/A the deceased was found to be strangulated with her dupatta and the SIM of the mobile missing. However, who did it and responsible for such gruesome act, nothing has come in the statement Ext.PW1/A nor the complainant PW1 suspected the hand of someone in the commission of this offence. Anyhow, it is during the course of investigation allegedly surfaced that accused Rattan Chand was in touch with the deceased since pretty long time. They both used to speak with each other over cell phones. The accused allegedly used to call the deceased from his cell phone bearing No. 98167-30076 on her cell phone bearing No. 98169-67124.
::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 5On the fateful day also, he allegedly made four calls to her i.e. 07:16:59, 07:45:05, 10:10:59 and 10:40:48 hours. The call detail .
reports Ext.PW14/B and Ext.PW14/C have been pressed in service in this regard. As per the further investigation conducted in this matter accused Rattan Chand wanted to subject the deceased to sexual intercourse. She allegedly demanded money from him. He, however, failed to pay money to her and it is for this reasons she did not allow him to commit sexual intercourse with her. It is for this reasons he allegedly killed her by way of strangulating her with her own dupatta and taken away her jewellary i.e. nose pin, silver chain and golden ear rings. He allegedly sold the same to his co-accused Vikash Puri, a jeweller in Mohalla Lahore Gali, Chougan Chamba town. The charge against accused Rattan Chand was framed for the Commission of the offence punishable under Sections 376, 302 and 404 of the Indian Penal code, whereas against his co-accused Vikash Puri under Section 411 of the code. They, however, pleaded not guilty and claimed trial.
4. The prosecution in order to sustain the charge against him has examined 23 witnesses in all. The material prosecution witnesses are Bal Krishan PW1 and Dharam Chand PW5, both sons of the deceased, PW2 Chamaru Ram a witness to the recovery of shoes, mobile pone of deceased and plucked wild vegetable, PW3 Vinod Kumar a witness to the proof of cell No. ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 6 98167-30076 belongs to accused Rattan Chand. PW4 Surinder Kumar is conductor of private bus belonging to Mushtaq Service .
and as per his version the accused on 9.5.2012 boarded the bus being conducted by him at 7:55 A.M. at Sultanpur (Chamba) for Salooni and alighted at Sundla. PW6 Mohan Lal is a witness to the recovery of Mobile phone make Lawa KKT-34 having duel SIM i.e. 98167-30076 and 08057-11328 and currency notes worth `10 and coin of `5/-. PW7 Rajesh Kumar is a fellow villager who on hearing screams of PW1 Bal Krishan rushed to the spot.
Therefore, he is also a witness of the circumstances prevailing on the spot on the recovery of dead body of Gorkhi there. PW8 Sanjesh Kumar is also Conductor of one of bus of Mushtaq service. According to him accused Rattan Chand had boarded the bus at Sundla for Dudhedi at 8:55 A.M. PW10 Ishwar Kumar has also stated that cell phone number of accused Rattan Chand was 98167-30076. Kamal Dev PW13 though a witness to the recovery of the ornaments from accused Vikash Puri, however, turned hostile. PW21 Jagdish is husband of deceased Gorkhi Devi.
5. The remaining prosecution witnesses are, however, formal being official witnesses having remained associated during the course of investigation in one way or the other because PW9 HC Varinder Singh accompanied PW23 on receipt of the information in Police Station, Kihar. PW11 Dr. Harsh Mahajan ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 7 has conducted the post mortem of the dead body alongwith penal of doctors namely Dr. Dushyant Thakur, Dr. Richa Thakur .
and Dr. Arti Sharma. PW12 LHC Devi Chand also visited the spot accompanied by PW23 SI Darshan Singh, the Investigating Officer. PW14 Devinder Verma, Nodal Officer, Bharti Airtel Limited, Kasumati, Shimla has proved the documents Ext.PW14/A to Ext. PW14/C, Ext.PW14/D to Ext.PW14/F which he had supplied r to to Chamba police on the request made by Superintendent of Police Chamba for the purpose. PW15 Yasheen Mohd. is Field Kanungo and PW16 Ramesh Chand is the Patwari, Patwar Circle, Devgarh. They have proved the application moved by the SHO, Police Station, Kihar Ext.PW15/A, the demarcation report Ext.PW15/B, the Akas Tatima Ext.PW16/A and Jamabandi Ext.PW16/B. PW17 Naresh Kumar is the photographer. He has proved the photographs Ext.PW1/B-1 to Ext.PW1/B-6. PW18 HC Ramesh Kumar was Moharar Head Constable in Police Station, Kihar at the relevant time whereas PW19 HHC Diwan Chand while working as General duty constable in the Police Station had taken the case property to Forensic Science Laboratory. PW20 C. Satish Kumar being a member of police party visited the spot had taken the Rukka Ext.PW1/A to police station for registration of FIR. PW22 Dr. Vishal Thakur has conducted the medical examination of accused Rattan Chand. As noticed at the outset PW23 SI Darshan Singh is the Investigating Officer. Since mobile ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 8 cell phone bearing No. 98167-30076 was registered in the name of Suresh Kumar, therefore said Shri Suresh Kumar has also been .
examined. According to him, he has never used this Sim.
6. On completion of the prosecution evidence, the statement of accused Rattan Chand was recorded under Section 313 Cr.P.C. The incriminating circumstances appearing against him were put during such examination. He, however, denied the same either for want of knowledge or being incorrect. He has denied that Cell No. 98167-30076 belongs to him. Though it is admitted that he was a tenant of PW10 Ishwar. However, denied that he used to speak with his landlord through cell number 98167-30076. It is stated that he is innocent and has been implicated falsely in this case.
7. Accused Vikash Puri has also denied all the incriminating circumstances put to him in his statement under Section 313 Cr.P.C. being incorrect. According to him he is working as JSW (Man power out sourcer) and not a Goldsmith.
8. Learned trial Judge on hearing learned Public Prosecutor and learned defence counsel as well as appreciating the oral as well as documentary evidence has held accused Rattan Chand guilty for the commission of offence punishable under Sections 302 and 404 of the Indian penal Code. His co-
accused Vikash Puri has been held guilty for the commission of the offence punishable under Section 411 of the Code. They ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 9 both have been convicted and sentenced accordingly as pointed out in this judgment at the outset. Accused Rattan Chand has, .
however, been acquitted of the charge framed against him under Section 376 IPC as no case to this fact was found to be made out.
9. Both the accused aggrieved by the impugned judgment and findings of their conviction and sentence have questioned the legality thereof before this Court by filing these appeals.
It has been alleged that learned trial Judge has convicted the accused persons on the basis of the evidence which was not at all admissible. The evidence has not been appreciated in its right perspective and to the contrary the findings based on surmises and conjectures. On the face of the record the present is a case where two possible views emerges, however, irrespective of the settled law that the view favourable to the accused must be preferred has been ignored and the benefit of doubt denied to them. Accused Rattan Chand had no motive to commit the offence when he has been acquitted of the charge framed against him under Section 376 IPC. He could have not been convicted and sentenced for the commission of offence punishable under Sections 302 and 404 of the Indian Penal Code. His so called disclosure statement recorded after 4 th or 5th day of his arrest after subjecting him to torture being violative of Article 20(3) of Constitution of India could have not been relied upon on while recording the findings of conviction ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 10 against him. In order to remove all doubts the Investigating Officer was required to investigate the matter scientifically and .
photographed/video-graphed the recovery of ornaments pursuant to the alleged disclosure statement made by accused Rattan Chand. There was no evidence against accused Vikash Puri that he is a Goldsmith. However, irrespective of it, a false case that he received the stolen articles from his co-accused Rattan Chand has been registered against him. It is, therefore, submitted that the impugned judgment is neither legally nor factually sustainable, the same has been sought to be quashed and set aside.
10. On the completion of the record, we have heard Mr. Anup Chitkara, Advocate assisted by Ms. Sheetal Vyas, Advocate on behalf of the accused-appellants in both the appeals and Mr. Narender Guleria, learned Additional Advocate General on behalf of the respondent-State. Mr. Chitkara has argued with all vehemence that there is no iota of evidence suggesting the involvement of the accused in the commission of the alleged offence. No legal and acceptable evidence is stated to have come on record to establish that the deceased and accused had acquaintance with each other. The scientific investigation and the evidence collected in the shape of the detail of calls made from Cell Number 98167-30076 on Cell Number 98169-67124 and vice-versa for want of certificate required to be tendered in ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 11 terms of Section 65(B) of the Indian Evidence Act cannot be relied upon. According to Mr. Chitkara the prosecution story that .
accused Rattan Chand had committed sexual intercourse with the deceased and when she demanded money from him killed her by way of strangulating her with her own dupatta stood discarded by learned trial Judge and the respondent-State has not preferred any appeal against the findings of acquittal of accused Rattan Chand under Section 376 IPC.
Sections 302 or 404 IPC is also made out against him as r No case under according to Mr. Chitkara the said accused had no occasion nor any motive to have strangulated the deceased and killed her. He had also no occasion to remove her ornaments allegedly nose pin, ear rings and chain. There being no sign of struggle inside the bushes where dead body allegedly was found lying, it is argued that had the deceased been strangulated and killed there she would have definitely struggled for her survival and thereby left behind some evidence on the spot. That place according to Mr. Chitkara, therefore, cannot be said to be the place of occurrence by any stretch of imagination. It is also pointed out that while cell Number 98167-30076 belong to PW24 Suresh Kumar cell number 98169-67124 to that PW1 Bal Krishan, the complainant. It is thus highly doubtful that the accused and deceased used to talk with each other over these cell phones. In order to remove all doubts in this regard, the voice test atleast ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 12 of accused Rattan Chand would have been conducted and compared with his voice if recorded while speaking to the .
deceased over cell phone number 98169-67124. It has thus been urged that the present is a case of no evidence and both accused have been convicted and sentenced illegally by leaned trial Court.
11. On the other hand, learned Additional Advocate General has argued that each and every incriminating circumstance appearing in the prosecution evidence against both accused lead to the only conclusion that it is accused Rattan Chand who has killed the deceased and also removed her ornaments. The evidence according to learned Additional Advocate General further reveals that the ornaments were sold by the principal accused to his co-accused Vikash Puri who allegedly is a Goldsmith and running his shop in Chamba town.
Learned trial Judge, as such, has appreciated the evidence available on record in nits right perspective and not committed any illegality or irregularity while recording the findings of conviction against both the accused.
12. Whether the circumstantial evidence produced by the prosecution is sufficient to connect the accused with the commission of offence or not is a question to be determined later on, however, before that what are legal parameters to appreciate the circumstantial evidence as we have enumerated in a ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 13 judgment we recently delivered in Criminal Appeal No. 242 of 2016, titled Hikmat Bahadur versus State of Himachal .
Pradesh and its connected appeal on September 19, 2017 need to be discussed. The same reads as follows:
".....Before the evidence produced by the prosecution in this case is elaborate, the present being a case of circumstantial evidence, the Court seized of the matter has to appreciate such evidence in the manner as legally required. We can draw support in this regard from a judgment of Division Bench of this Court in Sulender vs. State of H.P., Latest HLJ 2014 (HP) 550. The relevant extract of this judgment is re-produced here-as- under:-
"21. It is well settled that in a case, which hinges on circumstantial evidence, circumstances on record must establish the guilt of the accused alone and rule out the probabilities leading to presumption of his innocence. The law is no more res integra, because the Hon'ble Apex Court in Hanumant Govind Nargundkar vs. State of M.P., AIR 1952 SC 343, has laid down the following principles:
"It is well remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should be in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 14 there must be a chain of evidence so far complete as not to leave any reasonable ground for a .
conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused."
22. The five golden principles, discussed and laid down, again by Hon'ble Apex Court in Sharad Birdhichand Sarda vs. State of Maharashtra, (1984) 4 SCC 116, are as follows:
(i) the circumstances from which the conclusion of guilt is to be drawn must or should be and not merely 'may be' fully established,
(ii) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty,
(iii) the circumstances should be of a conclusive nature and tendency,
(iv) They should exclude every possible hypothesis except the one to be proved, and
(v) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused."...
21. Similar case is the ratio of judgment rendered again by this Bench in State of Himachal Pradesh vs. Rayia Urav @ Ajay, ILR 2016 (5) (HP) 213. This judgment also reads as follows:-
"10. As noticed supra, there is no eye-witness of the occurrence and as such, the present case ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 15 hinges upon the circumstantial evidence. In such like cases, as per the settled proposition of law, the .
chain of circumstances appearing on record should be complete in all respects so as to lead to the only conclusion that it is accused alone who has committed the offence. The conditions necessary in order to enable the court to record the findings of conviction against an offender on the basis of circumstantial evidence have been detailed in a judgment of this Court in Devinder Singh v. State of H.P. 1990 (1) Shim. L.C. 82 which reads as under:-
"1. The circumstances from which the conclusion of guilt is to be drawn should be fully established.
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilt.
3. The circumstances should be of a conclusive nature and tendency.
4. They should exclude every possible hypothesis except the one to be proved.
5. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
11. It has also been held by the Hon'ble Apex Court in Akhilesh Halam v. State of Bihar 1995 Suppl.(3) S.C.C. 357 that the prosecution is not only required to prove each and every circumstance as relied upon against the accused, but also that the chain ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 16 of evidence furnished by those circumstances must be so complete as not to leave any reasonable .
ground for a conclusion consistent with the innocence of the accused. The relevant portion of this judgment is reproduced here-as-under:- ".....It may be stated that the standard of proof required to convict a person on circumstantial evidence is now settled by a serious of pronouncements of this Court. According to the standard enunciated by this Court the circumstances relied upon by the prosecution in support of the case must not only by fully established but the chain of evidence furnished by those circumstances must be so complete as not to leave any reasonable ground for as conclusion consistent with the innocence of the accused. The circumstances from which the conclusion of the guilt of an accused is to be inferred, should be conclusive nature and consistent only with the hypothesis of the guilt of the accused and the same should not be capable of being explained by any other hypothesis, except the guilt of the accused and when all the circumstances cumulatively taken together lead to the only irresistible conclusion that the accused is the perpetrator of the crime."...
12. The guilt or innocence of the accused has to be determined in the light o the parameters laid down in the case law cited supra as well as the evidence available on record. In the case in hand learned trial Judge on perusal of the oral as well as documentary evidence has culled out the following circumstances allegedly emerges on record:::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 17
1. The dead body of the deceased Gorkhi Devi was seen on 9.5.2012 in the Khandera forest in a .
condition mark of ligature on the neck,multiple coils of Dupatta around the neck with multiple knots on the back side of the neck.
2. The blood from the nose and mouth of the deceased Gorkhi Devi was oozing out which was noticed by
3. to Bal Krishan (PW-1) at 7.30 P.M. on 9.5.2012.
Dead body was seen by PW-1 Bal Krishan,PW-5 Dharam Chad, PW-7 Rajesh Kumar and PW-21 Jagdish her husband at the spot on the aforesaid date and time.
4. The post mortem of the dead body of the deceased Ex.PW11/B shows that she was strangulated with the Dupatta which leads to azphyxia, shock and death.
5. Accused person was arrested on 13.5.2012 and from his possession in Mobile phone Lawa with dual SIM bearing NO. 9816730076 and 9805711328 having IMEI No. 91113351397225 were recovered from the possession of the accused vide memo Ex. PW6/B in the presence of PW6 Mohan Lal and PW7 Rajesh Kumar.::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 18
6. SIM No. 9816730076 which was in the cell recovered from the possession of the accused person was .
constantly used by the accused person for talking with the telephone No. 9816967124 of the deceased Gorkhi Devi given to her by her son complainant Bal Krishan (PW1).
7. Call details Ex.PW14/Band Ex.PW14/C of the numbers 9817967124 and 9816730076 furnished by the Nodal Officer Bharti Airtel Ltd vide letter Ex.
PW14/A and the letters Ex.PW14/E and F shows the location of these phones used and also the addressed of the persons in whose name the SIMs were issued.
8. Call details of both aforesaid numbers shows that accused Rattan Chand was directly in contact with the deceased Gorkhi Devi on her mobile phone.
Even on the date of occurrence accused called her on her mobile no. 9816968124 at 7.16.59 hours and they talk about 290 second and thereafter he again made call on her mobile No. at about 7.45.05 and they talk about 19 seconds and third call on her mobile was at about 10.10.59 and they talk about 45 second.::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 19
9. Presence of accused person in and around the place of incidence.
.
10. The disclosure statement of accused person under Section 27 of the Indian Evidence Act EX. PW9/B deposed in the presence of HC Virender Singh (PW9)and C. Rumel Singh vide which accused has stated that he can make the recovery of articles effected stolen by him such as one nose pin, one pair of ear rings (gold) and one silver necklace sold to a jeweller at Dogra Bazar.
11. On the basis of th statement under Section 27 of the Indian Evidence Act of the accused person the recovery of the golden and silver ornaments of the deceased were made effected vide memo Ex.
PW12/A in the presence of Kamal Dev (PW13) and C. Devi Singh (PW12).
12. Golden and silver ornaments of the deceased Gorkhi Devi recovered from the shop of co-accused Vikash Puri identified by the husband of the deceased Jagdish (PW21).
13. During the daytime of the date of occurrence PW5 while he was collected the stones in the Khandera forest near his house has seen the accused walking ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 20 towards the spot where lateron dead body of deceased Gorkhi Devi was recovered.
.
14. Identification of the spot where the accused Rattan Chand committed the murder of Gorkhi Devi was given by the accused Rattan Chand and memo of identification Ex.PW5/A was prepared in the presence of Dharam Chand (PW5) and Rajesh Kumar
15. (PW7).
Carbunculus reddish brown in colour of traumatic injury over the epigastric area of the accused person and as per the Dr. Vishal Thakur (PW22) the hairs on the chest of the accused person appears to have been plucked during the struggle by the other person connect the accused person directly in the alleged offence.
13. As a matter of fact, the above circumstances at serial Nos. 1 to 4 and 7 not implicates accused Rattan Chand or for that matter accused Vikash Puri by any stretch of imagination for the reasons that the evidence as has come on record by way of the testimony of PW1 Bal Krishan, his brother Dharam Chand PW5, father Jagdish PW21, Uncle (Taya) Mohan Lal PW6 and Rajesh Kumar PW7 supported by the photographs Ext.PW1/B-1 to Ext.PW1/B-6 reveal that Gorkhi Devi was lying dead in Khanera ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 21 forest and ligature around her neck is visible there in the photographs. The team of doctors which has conducted the post .
mortem of the dead body were also of the opinion that she died due to strangulation which led to asphyxia and shock also. The post mortem report is Ext.PW11/B. The same stand proved from the statement of Dr. Harsh Mahajan PW11, one of the members of the team of doctors which has conducted the post mortem. In the further opinion of the doctors the deceased could have been strangulated with dupatta Ext.P11. PW1 Bal Krishan was present on the spot as his statement was recorded by Sub Inspector and the I.O. of this case PW23 Darshan Singh. Nothing, however, has come in the statement of PW23 that Jagdish PW21 the husband of the deceased and Dharam Chand PW5, her another son were also present there. Though PW23 has stated in his cross-
examination that the villagers had gathered on the spot, however, when specifically asked about the presence of PW21 Jagdish, the husband of the deceased, he expressed his inability to tell. Anyhow, even if it is believed to be true that PW5 Dharam Chand, PW7 Rajesh Kumar and PW21 Jagdish were also present on the spot where the dead body was lying not at all connect accused Rattan Chand with the commission of the alleged offence. The call detail reports (CDR) are Ext.PW14/B and Ext.PW14/C made from cell numbers 98167-30076 and 98169-67124. As per these documents the calls from cell ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 22 number 98167-30076 on cell number 98169-67124 have been made repeatedly on different dates. The duration of the calls is .
also in several minutes. PW14 Devinder Verma, Nodal Officer, Bharti Airtel, however, not tendered in evidence certificate in terms of provisions contained under Section 65(B)(4) of the Evidence Act. The Apex Court in Anvar P.V. vs. P.K. Basheer and others, AIR 2015 SCC 180 has held that electronic record "14.
r to though is admissible in evidence, however, subject to fulfillment of certain conditions. This judgment reads as follow:
Under Section 65B(4) of the Evidence Act, if it is desired to give a statement in any proceedings pertaining to an electronic record, it is permissible provided the following conditions are satisfied:
(a) There must be a certificate which identifies the electronic record containing the statement;
(b) The certificate must describe the manner in which the electronic record was produced;
(c) The certificate must furnish the particulars of the device involved in the production of that record;
(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act; and
(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 23
15. It is further clarified that the person need only to state in the certificate that the same is to .
the best of his knowledge and belief. Most importantly, such a certificate must accompany the electronic record like computer printout, Compact Disc (CD), Video Compact Disc (VCD), pen drive, etc., pertaining to which a statement is sought to be given in evidence, when the same is produced in evidence. All these safeguards are taken to ensure the source and authenticity, which are the two hallmarks pertaining to electronic record sought to be used as evidence.
Electronic records being more susceptible to tampering, alteration, transposition, excision, etc. without such safeguards, the whole trial based on proof of electronic records can lead to travesty of justice.
16. Only if the electronic record is duly produced in terms of Section 65B of the Evidence Act, the question would arise as to the genuineness thereof and in that situation, resort can be made to Section 45A - opinion of examiner of electronic evidence.
17. The Evidence Act does not contemplate or permit the proof of an electronic record by oral evidence if requirements under Section 65B of the Evidence Act are not complied with, as the law now stands in India."
::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 2414. Similar is the ratio of the judgment again that of the Apex Court in Shafhi Mohammad versus State of Himachal .
Pradesh, (2018) 2 Supreme Court Cases 801. This judgment also reads as follow:
"24. We may, however, also refer to judgment of this Court in Anvar P.V. v. P.K. Basheer and Others, (2014) 10 SCC 473,delivered by a Three-Judge Bench. In the said judgment in para 24 it was observed that electronic evidence by way of primary evidence was covered by Section 62 of the Evidence Act to which procedure of Section 65B of the Evidence Act was not admissible.
However, for the secondary evidence, procedure of Section 65B of the Evidence Act was required to be followed and a contrary view taken in Navjot Sandh (supra) that secondary evidence of electronic record could be covered under Sections 63 and 65 of the Evidence Act, was not correct. There are, however, observations in para 14 to the effect that electronic record can be proved only as per Section 65B of the Evidence Act.
25. Though in view of Three-Judge Bench judgments in Tomaso Bruno and Ram Singh (supra), it can be safely held that electronic evidence is admissible and provisions under Sections 65A and 65B of the Evidence Act are by way of a clarification and are procedural provisions. If the electronic evidence is authentic and relevant the same can certainly ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 25 be admitted subject to the Court being satisfied about its authenticity and procedure .
for its admissibility may depend on fact situation such as whether the person producing such evidence is in a position to furnish certificate under Section 65B(4).
26. Sections 65A and 65B of the Evidence Act, 1872 cannot beheld to be a complete code on the subject. In Anvar P.V.(supra), this Court in para 24 clarified that primary evidence of electronic record was not covered under Sections 65A and65B of the Evidence Act. Primary evidence is the document produced before Court and the expression "document" is defined in Section 3 of the Evidence Act to mean any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter........
29. The applicability of procedural requirement under Section65B(4) of the Evidence Act of furnishing certificate is to be applied only when such electronic evidence is produced by a person who is in a position to produce such certificate being in control of the said device and not of the opposite party.
In a case where electronic evidence is produced by a party who is not in possession of a device, applicability of Sections 63and 65 of the Evidence Act cannot be held to be ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 26 excluded. In such case, procedure under the said Sections can certainly be invoked. If this .
is not so permitted, it will be denial of justice to the person who is in possession of authentic evidence/witness but on account of manner of proving, such9document is kept out of consideration by the court in absence of certificate under Section 65B(4) of the Evidence Act, which party producing cannot possibly secure. Thus, requirement of certificate under Section 65B(4) is not always mandatory."
15. Therefore, mere tendering the call detail reports Ext.PW14/B and Ext.PW14/C is not sufficient to discharge the onus that the same constitute primary evidence which is legally admissible. Therefore, the circumstances at serial Nos. 1 to 4 and 7 cannot said to be incriminating or implicate accused Rattan Chand by any stretch of imagination nor connect him with the commission of offence. True it is that Gorkhi Devi has died in an unnatural death, however, it is accused Rattan Chand alone who has killed her in the manner as claimed by the prosecution and removed her golden nose pin, golden ear rings and silver chain from her person, nothing can be said from the above said circumstances which have been relied upon by learned trial Judge against him.
::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 2716. As a matter of fact, only the following circumstances emerges from the prosecution evidence against accused Rattan .
Chand and his co-accused Vikash Puri:-
i) Accused Rattan Chand had acquaintances with deceased Gorkhi and they both were also in living relations and as a consequence thereof the accused used to commit sexual intercourse with her.
ii) Accused Rattan Chand was lawful subscriber of Cell No. 98167-30076 and used to speak with the deceased over cell number 98169-67124 which though was in the name of her son PW1 Bal Krishan, however, given to her for being used.
Iii) On the fateful day i.e. 9.5.2012 also the accused had made calls to the deceased in the morning through cell number 98167-30076 on cell number 98169-67124 and as a consequence thereof came to meet her in Khanera forest.
iv) Accused Rattan Chand boarded private bus of 'Mushtaq Bus Service' from Sultanpur and alighted from the bus at Sundla. Also that subsequently he boarded bus of 'Mustaq Bus Service' again at Sundla and alighted at Dudhedi.
v) Accused Rattan Chand thereafter met the deceased and committed sexual intercourse with her and on ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 28 her demand for money strangulated her with her own dupatta and thereby caused her death.
.
vi) He removed golden nose pin Ex.P19, golden ear rings Ext.P20 and sliver necklace Ext.P21 from her person and sold to his co-accused Vikash Puri in his shop at Mohalla Lahore Gali, Chougan Chamba town, H.P.
vii) Accused Vikash Puri is a goldsmith by profession and running his shop at Mohalla Lahore Gali, Chougan Chamba and received the jewellary i.e. nose pin, ear rings and chain of the deceased from accused Rattan Chand on payment of consideration.
17. It is now to be seen from the evidence available on record that the circumstances so pressed by the prosecution in service against both the accused stood proved beyond all reasonable doubt and the chain of circumstances is complete so as not to leave any reasonable ground for the conclusion consistence with their innocence and rather that in all probabilities the charge against both of them stood established.
Circumstance No.I.
18. If coming to the first circumstance pressed in service by the prosecution against accused, there is no iota of evidence to show that the accused had acquittance with the deceased.
::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 29The deceased belongs to village Sukrethi, Tehsil Salooni, district Chamba whereas accused Rattan Chand was resident of village .
Uchhanu Tehsil Salooni, district Chamba, of course Tehsil same i.e. Salooni. Nothing has come on record as to how they both were acquainted with each other. None of the witnesses have uttered even a single word qua this aspect of the matter.
Similarly, there is also no iota of evidence to show that they both r to were in living relations and as a consequence thereof enjoying sex with each other. The mere assertion that accused Rattan Chand had been speaking with the deceased over her cell number 98167-67124 through his cell number 98167-30076 for the reasons to be discussed hereinafter and also recorded hereinabove are not at all proved nor could have been relied upon against him by learned trial Court. Therefore, there is no legal and acceptable evidence to show that accused Rattan Chand had acquittance with deceased Gorkhi. Also that they were in living relations and having physical relations also with each other.
Circumstance No.II & III.
19. Now if coming to the second and third circumstance, admittedly cell number 98167-30076 is in the name of PW24 Suresh Kumar. Though PW24 while in the witness box has categorically stated that he never got issued this cell phone number in his name nor ever used the same. PW10 Ishwar ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 30 Kumar in whose house accused Rattan Chand resided as tenant during October, November, 2011 has also stated that said .
accused used to call him through cell phone number 98167- 30076. However, as per his version in cross-examination he has not retained any record of calls so made by accused Rattan Chand to him. PW3 Vinod Kumar has also stated that accused Rattan Chand had been speaking through his cell number 98167- 30076.
However, in his cross examination this witness has admitted that cell number of the accused is 98057-11328 and not 98167-30076. PW14 Devinder Verma, Nodal Officer, Bharti Airtel Limited has stated that cell number 98167-30076 as per the record is in the name of Suresh Kumar (PW24). In view of such evidence available on record it cannot be said with all exactness and accuracy that cell number 98167-30076 was under the use and occupation of accused Rattan Chand and that it is he alone made calls therefrom to the deceased and for that matter to his landlord Ishwar Kumar PW10 or PW3 Vinod Kumar.
20. Now if coming to the prosecution case qua SIM Number 98167-30076 allegedly extracted from mobile phone set of accused Rattan Chand after his arrest in the presence of PW6 Mohan Lal and PW7 Rajesh nothing of the sort has come in the statements of the said witnesses that the SIM was extracted from the mobile set recovered from the accused. According to them they were not knowing that the SIM extracted from the set was ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 31 bearing number 98167-30076 and rather as per the testimony of Pw6 he had noticed the number of the SIM 98167-30076 when it .
was being recorded by the I.O. in the papers which he had reduced into writing. Therefore, it cannot be inferred from the statements of either PW6 or PW7 that SIM number 98167-30076 was extracted from the mobile phone set allegedly recovered from accused Rattan Chand. Even the recovery of the mobile set having taken place in the manner as claimed by the prosecution has also not been established because there is doubt even about the case of the prosecution qua the date and time of the arrest of the said accused. In view of the evidence qua this aspect of the matter produced by the prosecution itself where two views have emerges on record and as per the settled legal principles the view in criminal administration of justice favourable to the accused has to be given preference over and above the view in favour of the prosecution. We may take support in this regard from the judgments of the Hon'ble Apex Court in T. Subramanian versus State of T. N., (2006) 1 Supreme Court Cases 401 and State of Rajsathan versus Islam & Others, (2011) 6 Supreme Court Cases, 343.
21. Interestingly enough, mobile phone number 98169- 67124 was in the name of PW1 Bal Krishan and not in that of his mother deceased Gorkhi. Whether he had given the same to her for use is again doubtful because his sole testimony in this ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 32 regard cannot taken as a gospel truth. As a matter of fact, the recorded audio version in respect of the call made from cell .
number 98167-30076 over cell number 98169-67124 should have been taken to establish beyond all reasonable doubts that such version was in the voice of the accused and the deceased.
However, no scientific investigation in this regard has been conducted. It is, therefore, difficult to believe that the calls from deceased to each other.
cell number 98167-30076 over cell number 98169-67124 and vice-versa have been made by accused Rattan Chand and the Learned trial Judge has ignored this vital aspect of the matter and placed reliance on the prosecution evidence including the call detail reports Ext.PW14/B and Ext.PW14/C while recording findings of conviction against the accused on having been swayed with the factum of the death of Gorkhi, a young lady. Therefore, there is no legal and acceptable evidence to arrive at a conclusion that cell number 98167-30076 was in the exclusive possession and use of accused Rattan Chand and that he used to speak with the deceased for quite pretty long time. It is also not established that they were acquainted with each other and on 9.5.2012 also they settled their meeting in the forest by speaking over cell phone with each other. The evidence qua recovery of Sim No. 98167-30076 from Mobile set allegedly taken into possession from accused after his arrest in the presence of PW-6 Mohan and his son PW-7 Rajesh ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 33 Kumar hardly inspires any confidence as the witnesses being brother-in-law (Jeth) and nephew of the deceased, were in her .
relation, hence interested in the success of the prosecution case.
22. The prosecution case that the accused committed sexual intercourse with the deceased and that when she demanded money strangulated her with her own dupatta and thereby caused her death even has been discarded by learned r to trial Court also while acquitting accused Rattan Chand of the charge under Section 376 IPC. The respondent-State has not assailed the findings of acquittal so recorded by learned trial Court any further in this Court by way of filing separate appeal.
This also substantiate the view of the matter taken by this Court.
Therefore, both alleged incriminating circumstances appearing in the prosecution case against accused Rattan Chand has also not been proved from the evidence available on record beyond all reasonable doubt.
Circumstance No.IV.
23. Now if coming to the incriminating circumstance at serial Number (iv) noted hereinabove, we fail to understand as to how the same could have been pressed against accused Rattan Chand even if it is believed that he boarded the bus of "Mushtaq Bus Service" firstly at Sultanpur and alighted therefrom at Sundla and subsequently another bus of the same bus service at Sundla and alighted there from at a place namely Dudhedi and ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 34 after having alighted from the bus at Dudhedi he went to forest Khanera where the deceased was already present and waiting for .
him. PW1 Bal Krishan though has stated in his statement under Section 154 Cr.P.C. (Ext.PW1/A) that while living to his maternal aunt house alongwith his family for participating the celebration of birthday of someone there, his mother deceased Gorkhi told that she would be going to forest for collecting Khasrod (wild however, vegetable) during day time. However, such story seems to have been engineered and fabricated to complete the chain of circumstances, unsuccessfully because his bald statement in this regard cannot be believed as a gospel truth.
Otherwise also, there seems to be no grain of truth in this part of the statement he made for the reasons that Gorkhi had no occasion to have apprised him that during day time she should be going to forest to collect the wild vegetable being a matter of routine in the case of a house wife. PW-1 as such has rightly admitted that other villagers also used to go to the forest to collect vegetables. The place where the dead body was found lying was not very far away from the house of the complainant party being only one kilometer away therefrom as has come in the statement of PW1. In this view of the matter also the deceased had no occasion to tell PW-1 that during day time she will to to bring Khasrod from the forest as it was nearby situated.
::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 3524. Even had the accused after alighting from the bus at Dudhedi went to the forest, the meeting point they allegedly .
fixed while speaking over cell phone in the morning on that day he would have been seen while going there by someone. In view of the apprehension of other villagers may have also visited the forest to collect the wild vegetable neither the deceased would have taken the risk of allowing herself to be exposed sexually by the said accused nor could he have murdered her in the manner as claimed by the prosecution that too when in living relation with her and also if in love with each other. No sane person is expected to murder his own paramour on the demand of money that too after he having already enjoyed sex with her. In the event of shehaving demanded money from him in normal course he would have left her on the spot itself and left for his abode. No doubt, the another son of the deceased Dharam Chand has stated that accused Rattan Chand was noticed by him around 3:00 P.M. on that day while going towards the place where the dead body was found lying later on. However, as per his own admission in cross-examination he did not disclose this fact to anyone till 13.5.2012 the day when his statement for the first time was recorded by the police. Surprisingly enough, he having seen the accused going towards the place where the dead body was lying an important fact for the purpose of this case could have not been concealed by him from others for such a long time ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 36 and rather disclosed at the earliest available opportunity to do so. Not only this, but in his statement recorded under Section .
161 Cr.P.C. on 13.5.2012 this fact does not find mention.
Therefore, he has not seen accused Rattan Chand going towards forest where the dead body was lying and the story to this fact has also been fabricated and engineered later on to implicate the accused falsely.
25. True it is that as per the testimony of PW 4 Surinder Kumar, the conductor of the bus accused Rattan Chand boarded the bus from Sultanpur and alighted therefrom at Sundla and as per that of PW8 Sanjesh Kumar, the conductor of the same bus service he later on boarded the bus at Salooni and alighted at Dudhedi. However, according to PW4, twenty five other passengers were also travelling in that bus, whereas according to PW8, fifteen other passengers were travelling in the bus which was being conducted by him at that time. In their cross-
examination they both have expressed their inability to tell names of such other passengers travelling in the bus. No doubt, PW8 has given the names of two passengers which according to him were travelling regularly in the said bus. Therefore, when both PW-7 and PW-8 could not recollect the names of other passengers who were travelling in the buses being conducted by them on that day how they could have recollect the name of accused Rattan Chand when he was not travelling regularly in ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 37 these buses. Therefore, PWs 4 and 8 also seems to be stock witnesses and have deposed falsely at the behest of the police .
to the reasons best known to them.
26. It is thus not proved at all that the accused boarded buses of "Mushtaq Bus Service" on that day from two different places and came to meet the deceased. Learned trial Judge was, therefore, not justified in placing reliance on this aspect of the matter also.
27.
r to
Circumstance No.V.
While discussing the incriminating circumstance at serial Number (iv) and recording findings thereon hereinabove, we have already observed that accused Rattan Chand has neither boarded the buses of Mushtaq Bus Services at two different places nor met the deceased on that day. Also that he never contacted her on that day over cell phone and fixed the place of his meeting with her. Therefore, the question does not arise that he committed sexual intercourse with her on that day.
Also that she demanded money from him and it is for this reason he strangulated her with her own dupatta and caused her death thereby, we have already observed that had he been in love with the deceased would have never killed her merely on the demand of money by her from him because by that time as per the case of the prosecution itself he has already enjoyed sex with her, therefore, would have left the place leaving her alone behind.
::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 38Otherwise also the prosecution has failed to prove that accused Rattan Chand had subjected her to sexual intercourse on that .
day. It is for this reason he has been acquitted of the charge under Section 376 IPC. The story, therefore, in this regard has also been engineered and fabricated. Learned trial Judge has gravely erred while placing reliance upon such circumstances which were not at all proved on record.
28. to Circumstance No.VI.
The next circumstance pertains to removal of golden nose pin, golden ear rings and silver chain from the person of the deceased and selling the same to his co-accused Vikash Puri.
This circumstance could have not been used against accused Rattan Chand and for that matter accused Vikash Puri also for the reasons that the same belongs to the deceased alone and none else. No legal and acceptable evidence has either been collected or brought on record. The ornaments were not got identified from someone including Bal Krishan PW1 the son of deceased and PW21 her husband who could have seen the same borne by her in ears, nose or neck. Even PW21 while in the witness box has also not stated that the ornaments belongs to his wife. The witnesses to the recovery of the ornaments are PW12 LHC Devi Chand and PW13 Kamal Dev. Though PW12 while in the witness box has stated about the recovery of the ornaments from the shop of goldsmith situated in Dogra Bazar, ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 39 Chamba town in his presence. However, PW13 has not supported the prosecution case in this regard at all and rather turned .
hostile. He has been subjected to lengthy cross examination by learned Public Prosecutor, however, nothing material lending support to the prosecution case could be elicited therefrom. On the other hand, the contradictory statements of PWs 12 and 13 qua this aspect of the matter has casted serious doubts qua this part of the prosecution story. Therefore, in view of the judgment of the Apex Court cited hereinabove, the benefit of doubt in this regard should have been given to accused Rattan Chand and this circumstance not used against him.
Circumstance No.VII.
29. Interestingly enough, no legal and acceptable evidence has come on record that accused Vikash Puri is a Goldsmith by profession and running his shop situated at Mohalla Lahore Gali, Chougan, Chamba town. On the other hand, as per his own admission in his statement recorded under Section 313 Cr.P.C. he is JSW by profession and it is his father who is a Goldsmith and running the shop in question. Such version of the accused is nearer to the factual position as there is no evidence to show that he was a Goldsmith and that it is he who was running the said shop from where the recovery was made.
Otherwise also, as per the own admission of the I.O. PW23 the ornaments Ex.P19, Ext.P20 and Ext.P21 are normally available ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 40 with other ladies also. Being so, it cannot be said that the ornaments were of the deceased and that the same were .
removed by accused Rattan Chand from her person after causing her death and sold to his co-accused Vikash Puri. Therefore, learned trial Judge has committed illegality while using such circumstance against the accused.
30. In view of the discussion hereinabove, we are satisfied that the present is a case of no evidence against the accused persons. Whatever evidence having come on record by way of the statements of the interested witnesses i.e. PW1 Bal Krishan the complainant, PW5, Dharam Chand, PW21 Jagdish and PW6 Mohan Lal as well as PW7 Rajesh Kumar cannot be relied upon as they all being closely related with the deceased were interested in the success of the prosecution case. Learned trial Court has not appreciated the evidence available on record in its right perspective and to the contrary has recorded the findings of conviction against both the accused on the basis of conjectures and surmises. Such an approach has certainly resulted in mis-
carriage of justice to the accused. They both are innocent, however, learned trial Judge has convicted and sentenced them while placing reliance on highly inadmissible evidence. The impugned judgment as such is neither legally nor factually sustainable. We, therefore, quash and set aside the same.
Consequently, accused Rattan Chand is acquitted of the charge ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP 41 framed against him under Sections 302 and 404 of the Indian Penal Code. His co-accused Vikash Puri is also acquitted of the .
charge framed under Section 411 of the Code. Accused Vikash Puri is already on bail. In view of his acquittal of the charge framed against him, personal bonds executed by him will stand cancelled and surety discharged.
31. As regard accused Rattan Chand, he is serving out the sentence. r He be released forthwith, if not required in any other case, however, subject to his furnishing personal bond in the sum of `25,000/- with one surety in the like amount to the satisfaction of learned Additional Sessions Judge, Chamba, undertaking specifically therein that in the event of an appeal is preferred against this judgment, he shall appear in the Hon'ble Supreme Court.
32. Both appeals are disposed of accordingly.
(Dharam Chand Chaudhary), Judge.
(Chander Bhusan Barowalia), March 28, 2019. Judge.
( vs) ::: Downloaded on - 29/03/2019 21:58:58 :::HCHP