Punjab-Haryana High Court
Idrish Ahmad vs State Of Haryana on 16 December, 2014
CRA-D-337-DB of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-D-337-DB of 2010
DATE OF DECISION: DECEMBER 16, 2014
IDRISH AHMAD ...APPELLANT
VERSUS
STATE OF HARYANA ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE M. JEYAPAUL.
HON'BLE MR. JUSTICE DARSHAN SINGH.
1. Whether the judgement should be reported in the digest? Yes
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PRESENT: MR. ARUN SINGAL, ADVOCATE FOR THE APPELLANT.
MR. DHRUV DAYAL, DAG, HARYANA.
M. JEYAPAUL, J.
1. Accused Idrish Ahmad was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of `10,000/- and in default, to undergo a further period of 6 months rigorous imprisonment.
2. PW10 Ram Kumar was the complainant who set the law in motion. On the day of occurrence, there was wheat crop sown in his fields. Some school children spotted a dead body inside the truck which was found parked in the katcha portion on the road near his field. About 60 villagers proceeded to see the truck which was parked. The police was alerted. The dead body was removed from the truck. Based on the statement Ex.P20 suffered by PW10, the first information report was registered.
3. PW15 Dr. K.S.Rathore, conducted post mortem examination on the dead body of Ram Kumar who was a truck driver on 11.3.1995 at about SUMIT GULATI 2014.12.22 12:13 I attest to the accuracy and authenticity of this document CRA-D-337-DB of 2010 -2- 9.30 a.m. Rigor mortis was found. The post mortem staining was present on the back and different parts of the body. He found the following injuries on the dead body of Ram Kumar:-
"(i) A lacerated wound of 3.5cm x 1cm on left side tempo part of head just above left ear the underline boned was fractured brain matter in the bone wound was present extra vesation of blood.
(ii) ALW of 5.5cm x 2.5cm left side fronto temporal part of the head above and lateral to eyebrow (left) underline bone was fractured with brain matter and clotted blood in the wound extra vacation of blood was present in surrounding tissue.
(iii) ALW of 2cm x ½cm on left side of face and near to left eyeball, underline bon was fractured and the extra vacation of blood was present in tissue surrounding.
(iv) ALW 2cm x ½cm left cheek 3cm. below left eye clotted blood was present in left ear on face and hair. Clothes were stained with blood."
In his opinion, the deceased had died due to damage to the brain as a result of injuries No.1 to 4. All the injuries were found ante mortem in nature and sufficient to cause death in the ordinary course of life.
4. PW1 Mahinder Singh was the driver of another truck bearing registration No.RJ14-567 owned by one Shankar. When he unloaded his truck at Khetri Copper Mine, he noticed the presence of Ram Kumar (since deceased), accused Idrish and another Helper in the truck of deceased Ram SUMIT GULATI 2014.12.22 12:13 I attest to the accuracy and authenticity of this document CRA-D-337-DB of 2010 -3- Kumar. He could not recollect the name of the Helper. As accused disclosed his name, he could recollect his name. All of them proceeded to the house of PW2 Sanjay Kumar who was the brother-in-law of deceased Ram Kumar. After taking dinner, PW1 and accused Idrish took liquor. The next day they unloaded the earth at Khetri Copper Mines. PW1 found Ram Kumar alongwith Idrish and his Helper proceedeed in their truck. About 7 days thereafter he learnt that Ram Kumar had died.
5. PW2 Sanjay Kumar has deposed that on 1.3.1995 his brother- in-law, accused Idrish and one Helper came in the truck of Ram Kumar. PW1 Mahinder Singh and his truck conductor also were present alongwith them. They took meals at about 7.00 p.m. The next day they left for village Chappa. He spotted accused Idrish and the Helper in the truck driven by Ram Kumar.
6. PW11 Ved Pal was the sarpanch of village Sulchani. On 17.5.2008 at about 5.00 p.m., accused came to his house in village Sulchani. He confessed that he committed murder of Ram Kumar by using a rod. The police arrested him and thereafter he was brought to his house.
7. PW10 Ram Kumar the complainant in this case had turned hostile as regards the alleged confession suffered by accused in his presence.
8. PW14 DSP Wazir Singh spoke about the recovery of Panna (an instrument meant for tightening the nuts and bolts) which was blood stained. A pair of shoes and blood stained earth also were recovered from the scene of occurrence.
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9. As many as 15 witnesses were examined on the side of the prosecution. The accused responded to the questionnaire put to him under Section 313 Cr.P.C. that he never suffered any extra judicial confession before anyone. A false case was planted on him.
10. The trial Court having adverted to the last seen theory and the extra judicial confession adduced by the prosecution, in the background of recovery of iron rod returned a verdict of conviction as against the accused.
11. Learned counsel appearing for the appellant would vehemently submit that PW1 and PW2 had allegedly witnessed the accused in the company of the deceased about 7 days prior to the murder of Ram Kumar. Therefore, the testimony of PW1 and PW2 cannot be classified as the testimony of "last seen" put forth by the prosecution. He would further submit that the extra judicial confession had been allegedly suffered after about 13 long years by the accused to PW11 Ved Pal whose village is located about 300 kms. away from the village of the accused. PW10 Ram Kumar also had not fully supported the extra judicial confession allegedly suffered by the accused before PW11 Ved Pal. Coming to the recovery of iron road of Panna meant for tightening the nuts and bolts, he would submit that the investigating official having completely forgotten the recovery of Panna with blood stains at the scene of crime fabricated the recovery of iron rod after about 13 long years. Therefore, the recovery also did not connect the accused to the crime.
12. Learned State counsel traversing through the entire evidence on record would submit that the trial Court has rightly convicted the accused SUMIT GULATI 2014.12.22 12:13 I attest to the accuracy and authenticity of this document CRA-D-337-DB of 2010 -5- based on the last seen theory set forth by the prosecution and the extra judicial confession suffered by the accused.
13. Let us take up the "last seen" evidence adduced by the prosecution through PW1 Mahinder Singh and PW2 Sanjay Kumar. They had allegedly spotted the deceased in the company of the accused about 7 days prior to the occurrence. The last seen evidence can be accepted by the Courts only when it rules out intrusion of a third party apart from the accused in the company of the deceased. In other words, the association of the accused with the deceased last seen by the witnesses should have direct proximity with the murder of the victim. In the instant case, PW1 and PW2 had spotted the accused in the company of deceased about 7 days prior to the murder that took place. There is no evidence that accused was spotted with the accused on the eve of murder of Ram Kumar. Therefore, the "last seen" evidence adduced by the prosecution cannot at all be relied upon by the Court to support the contention of the prosecution that accused who was seen in the company of deceased had a potential opportunity to commit the murder of Ram Kumar.
14. The prosecution has examined PW11 Ved Pal Sarpanch of village Sulchani and PW10 Ram Kumar to speak about the extra judicial confession allegedly suffered by the accused. The occurrence had taken place on 9/10.3.1995. The accused had allegedly surfaced about 13 long years after the occurrence and travelled about 300 kms. to reach the village of PW11 Ved Pal who had no earlier acquaintance with the accused to suffer extra judicial confession. Firstly, we find that the accused who was a SUMIT GULATI 2014.12.22 12:13 I attest to the accuracy and authenticity of this document CRA-D-337-DB of 2010 -6- fugitive for 13 long years would not have come forward to confess the crime which was completely forgotten by all concerned. No sane person would have travelled about 300 kms. to reach the village of a Sarpanch who had no connection with the occurrence village to unfold his heart as regards the crime he committed. Thirdly, it is surprising that the accused had chosen a stranger to confess the crime after 13 long years. Fourthly, PW11 had not come out with any explanation as to why he had not immediately intimated of the confession suffered by the accused before him till he was arrested by the police. Therefore, we find that the evidence of PW11 Ved Pal does not stand the acid test of credibility.
15. PW10 Ram Kumar who was the complainant in this case resiled from his original statement that he was present alongwith PW11 Ved Pal when the accused suffered extra judicial confession. In other words, PW10 Ram Kumar failed to support the case of the prosecution that the accused infact suffered extra judicial confession before PW11 on 17.5.2008. In our considered view, the prosecution has failed to establish the extra judicial confession allegedly suffered by the accused before PW11 and PW10.
16. The other evidence relied upon by the prosecution is the recovery of iron rod without any blood stains allegedly at the instance of accused on his arrest effected after 13 long years and the recovery of Panna used for tightening the nuts and bolts from the scene of occurrence on 10.3.1995 itself. The accused would not have chosen to use two weapons when one weapon could have been effectively used to cause the death. In SUMIT GULATI 2014.12.22 12:13 I attest to the accuracy and authenticity of this document CRA-D-337-DB of 2010 -7- our considered view, the investigating official having completely forgotten the fact that Panna with blood stains was recovered from the scene of crime on 10.3.1995 itself, chose to fabricate a story of recovery on the arrest of the accused about 13 years thereafter. The iron rod was allegedly recovered by digging the earth. The iron rod would not have survived 13 long years if it had been buried in the earth. The iron rod which was recovered after about 13 long years looses its evidentiary value, more especially when a different weapon of offence allegedly recovered from the scene of crime on the first day of investigation was projected by the prosecution. The Panna with blood stains which was recovered from the scene of crime cannot connect the accused as it was not recovered at the instance of the accused. The iron rod which was recovered after 13 long years did not contain any blood stains. Such a recovery after 13 long years also gives room for doubt.
17. To top it all, the investigating official completely failed in his duties even to identify a Cleaner who actually travelled alongwith the deceased throughout. He could have been the best witness to speak about the last seen theory set forth by the prosecution. Or, in the worst case, he could have been the real culprit who caused the murder of Ram Kumar. But unfortunately, the investigating official failed to investigate as regards the role of the Cleaner who accompanied the deceased.
18. For all these reasons, we find that the trial Court has erred in convicting the accused based on the evidence which falls short of credibility and trustworthiness. Therefore, we have no hesitation to upset the decision taken by the trial Court.
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19. In view of the facts and circumstances, we find that the prosecution miserably failed to establish that the accused Idrish Ahmad committed the offence under Sections 302 of the Indian Penal Code. He is acquitted of the charge under Section 302 IPC. He be set at liberty forthwith, if his custody is not required in connection with any other case. Consequently, the judgement of conviction and sentence passed by the trial Court stand reversed and the appeal is allowed.
(M. JEYAPAUL)
JUDGE
December 16, 2014 (DARSHAN SINGH)
Gulati JUDGE
SUMIT GULATI
2014.12.22 12:13
I attest to the accuracy and
authenticity of this document