Himachal Pradesh High Court
Ram Pal @ Ramu vs State Of H.P on 19 June, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Cr.M.P(M) No.220 of 2023
Date of Decision: June 19, 2023
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Ram Pal @ Ramu ...Petitioner.
Versus
State of H.P. ..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Ms.Madhurika Sekhon Verma, Advocate.
For the Respondent: Mr.Rajesh Mandhotra, Additional Advocate
General.
Vivek Singh Thakur, J.
Petitioner has approached this Court, invoking provisions of Section 439 of Code of Criminal Procedure (in short 'Cr.PC'), seeking regular bail in case FIR No.201 of 2018, dated 15.09.2018, registered in Police Station Barmana, District Bilaspur, H.P., under Sections 302 and 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC' in short).
2. Status report stands filed. Record was also made available.
3. As per status report, on 15.09.2018, on the basis of statement of complainant Ram Pal, recorded under Section 154 Cr.P.C., FIR was registered. It was stated by the complainant that his wife Sunita Devi is Pradhan of Gram Panchayat Kotla and at about 7.15 a.m., he received a call on his mobile phone from Desh 1 Whether reporters of the local papers may be allowed to see the judgment? ::: Downloaded on - 19/06/2023 20:32:48 :::CIS 2 Raj, who is running his Kiosk of Tea on National Highway at Brahmpukhar near B.O. office, informing that a person, covered with shawl, is lying in the courtyard of B.O. office whose legs and arms are visible. After receiving this information, complainant, at .
7.30 a.m. informed Police Chowki Namhol and started towards the spot. On reaching the spot, he found that police officials from Namhol Chowki and other persons had already reached there. In his presence on removing shawl, a naked person lying on back was found there. He was dead. There were blood stained injuries, bruises and dragging signs on the body. He was identified by other persons as Daulat Ram son of Nurata Ram, resident of Kathla, P.O. Jainagar, Tehsil Arki, District Solan, H.P. It was appearing that during night someone had beaten and murdered the deceased and, thereafter, laid dead body in the courtyard of B.O. office, covering it with shawl.
4. After registration of FIR, investigation was carried on. Postmortem of the dead body was conducted. On the basis of statements of witnesses, after finding clue, petitioner Ram Pal, co- accused Ramesh Kumar, Rajinder Kumar alias Raju and Mahinder Kumar, were apprehended for interrogation and on finding sufficient material for arresting them, they were arrested on 16.09.2018 at 7.15 p.m.
5. During investigation, on the basis of statements of accused persons, made under Section 27 of the Indian Evidence Act, recoveries were also made.
6. On the basis of disclosure statement of petitioner, torn T-shirt of deceased, thrown by him in the bushes, near Kehlur Bhojnalaya on Shimla road was recovered, which was identified by ::: Downloaded on - 19/06/2023 20:32:48 :::CIS 3 Uncle/Chacha of deceased as T-shirt of deceased. Petitioner Ram Pal had also produced a cauterize pants and T-shirt, which, according to him, were worn by him at the time of incident and were washed and dried on 15.09.2018. The same were taken into .
possession.
7. Pants of the petitioner was sent for chemical analysis to the State Forensic Science Laboratory (SFSL) and as per FSL, blood stains were found on the pants, which were insufficient for blood grouping for matching blood group, but DNA profiling obtained from T-shirt of deceased Daulat Ram showed match at 20 LOCI with DNA profile obtained from the body of deceased. One component of DNA profile obtained from the pants of Ram Pal matched at 17 Autosomal SRT LOCI and Amelogenin with DNA profile obtained from sternum bone of deceased Daulat Ram. Whereas, other DNA component obtained from the pants of Ram Pal matched with DNA profile obtained from blood of Ram Pal.
8. As per status report, on 14.09.2018, petitioner Ram Pal alongwith co-accused and deceased consumed liquor and, thereafter, all accused persons beat deceased Daulat Ram to death and, thereafter, threw his body in the courtyard of B.O. office. It is further case of prosecution that after giving beatings to deceased, petitioner Ram Pal torn his (deceased) T-shirt and took the same with him and left the spot. Whereas, other co-accused took the deceased in their vehicle and again thrashed him and after his death, put his body in the courtyard of B.O. office.
9. It has been submitted by learned counsel for the petitioner that when blood was not found sufficient for group testing, then it is impossible that in DNA obtained from stain of the ::: Downloaded on - 19/06/2023 20:32:48 :::CIS 4 blood matched 17-18 LOCI with DNA profile of deceased that too when, as per story of prosecution, pants was already washed by the petitioner.
10. It has further been submitted on behalf of the .
petitioner that in cross-examination, PW.30 Desh Raj has stated that T-shirt taken into possession was black, whereas, T-shirt produced in the Court is blue. It has further been stated that petitioner was not on the spot, but had left for his house before the murder and, therefore, petitioner is entitled for benefit of doubt, who has already spent 5 years in Jail and till date only 35 witnesses out of 59 witnesses have been examined.
11. Learned Additional Advocate General has submitted that statement of PW.30 is to be read as a whole and assessment/ evaluation thereof is to be done by the Trial Court by taking into consideration entire evidence on record and such assessment or evaluation is not warranted by the Court adjudicating the bail application. It has further been submitted that PW.30 was examined on 15.06.2020 and at that time, he had supported the prosecution case, but was deferred for want of availability of case property and, therefore, he was re-examined on 24.09.2020 and he, in his examination-in-chief had stated that torn pieces of T-shirt were taken into possession in his presence. It has further been submitted that next date for recording evidence has been fixed in the Trial Court as 07.07.2023 and as there is matching of DNA profiling of deceased Daulat Ram with DNA profiling obtained from the blood stains on the pants of petitioner, there is direct scientific evidence linking petitioner with commission of offence. ::: Downloaded on - 19/06/2023 20:32:48 :::CIS 5
12. Learned counsel for the petitioner for substantiating her claim that after washing it was not possible that 18 out of 20 LOCI would match with DNA profiling of deceased, has referred study published in Herald Scholarly Open Access, wherein analysis .
of DNA degradation index due to washing has been made.
13. In my opinion, the said study is of no help to the petitioner, as in present case, it is not case of the petitioner that pants was washed in water temperature of more than 30°C or at 60-90°C. Whereas, study says that DNA degradation index is significantly affected with respect to washing on high temperature with detergent application. Following paras of Discussion of study may be relevant, which reads as under:-
"According to literature date [5,6,8,10,14,15], single conventional washing cycle of bloodstained cotton fabric, regardless of bloodstain type, washing temperature, and detergent application, is insufficient to completely remove visible and invisible traces of blood. Our research was focused on degradation process of DNA material in bloodstains remaining on cotton fabric after washing.
Our research showed that the DNA degradation index in overall sample set, regardless of washing temperature and use of detergent, increases significantly with the time interval between washing of the bloodstained cotton fabric and the DNA analysis. The highest DNA degradation index values were measured in the sample group that had been analyzed six months after washing. Analysis of the DNA degradation index in the samples showed that washing temperature at 95 and 60°C cause a significantly higher degree of DNA degradation than washing the bloodstained cotton fabric at 30°C. Those results could be interpreted by well-known data in literature that the time and also higher temperatures are increasing degradation of DNA molecules ::: Downloaded on - 19/06/2023 20:32:48 :::CIS 6 [4,12,16], depending on the length of action of the temperature."
14. Following para of conclusion of the study may also be relevant, which reads as under:-
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"Our research revealed that washing temperatures of 95°C and 60°C cause faster DNA degradation of remained blood on cotton fabric after washing, compared to washing procedures at 30°C. The use of detergent during the washing process of bloodstained cotton fabric further increases DNA degradtino in time of the remained blood on the fabric after washing, for washing temperatures at 95°C and 60°C. Contrary to those results, use of deergent while washing of bloodstained cotton fabric 30°C does not accelerate degradation process of DNA. Our results pointed out that detergent application accelerates degradation of DMA, if laundering process was performed at 95 or 60°C, but not at 30°C. The effect of detergent to DNA degradation is most evident between 1 and 3 months after washing procedure. Higher washing temperatures (95 and 60°C) and detergent application during washing bloodstained cotton fabric show a synergistic effect to accelerated DNA degradation process on blood remaining on cotton fabric after washing."
15. As per aforesaid study, DNA degradation has been found most evident between 1 and 3 months after washing procedure and also if laundering process was performed at 95 or 60°C, but not at 30°C, therefore, in a simple washing of clothes possibility of DNA degradation is less and presence of DNA for matching with DNA profiling of deceased to the extent of 18 LOCI is not impossible. However, it is clarified that no opinion on merit with respect to evidentiary value of DNA profiling, possibility of matching thereof, is being expressed by this Court, but aforesaid discussion is ::: Downloaded on - 19/06/2023 20:32:48 :::CIS 7 only with reference to study material placed on record by learned counsel for the petitioner with respect to DNA profiling degradation.
16. Learned Additional Advocate General has submitted that petitioner has been found involved in commission of heinous .
crime punishable with capital punishment or life imprisonment and, therefore, detention of petitioner, at this stage, when witnesses are being examined and more than 50% witnesses have already been examined, is not a relevant factor for enlarging the petitioner on bail.
17. Taking into consideration entire facts and circumstances, but without commenting upon rival contentions of the parties, I do not find any ground to enlarge the petitioner on bail at this stage. Accordingly, petition is dismissed.
18. The petition stands disposed of.
Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.
(Vivek Singh Thakur), Judge.
June 19, 2023 (Purohit) ::: Downloaded on - 19/06/2023 20:32:48 :::CIS