Himachal Pradesh High Court
Ishwar Dass vs State Of H.P on 7 October, 2020
Bench: Sureshwar Thakur, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
Cr. Appeal No. 426 of 2018.
Reserved on: 25.9.2020 Decided on: 7th October, 2020.
Ishwar Dass ...Appellant.
VERSUS
State of H.P. ...Respondent.
Coram
The Hon'ble Mr.Justice Sureshwar Thakur, Judge. The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting? Yes.
For the Appellant: Ms. Sheetal Vyas, Advocate.
For the Respondent: Mr. Hemant Vaid, Addl. A. G. with Mr. J.S. Guleria, Mr. Vikrant Chandel, Dy. A.Gs.
_________________________________________________ Per Sureshwar Thakur, Judge The instant appeal is directed against the judgment rendered, on 07.08.2018, by the learned Special JudgeII, Kullu, Himachal Pradesh, upon, ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...2...
Sessions Trial No. 50 of 2016, and, wherethrough(s), the .
accused became convicted, for, commission, of, an offence punishable under Section 20, of, the Narcotic and Psychotropic Substances Act, and, also consequent therewith sentence of rigorous imprisonment, extending, for a period of 10 years, and, also a fine of Rs.
1,00,000/ became imposed, upon him, and, in default, of, payment of fine, he stood further sentenced to undergo rigorous imprisonment, for, a period of one year.
2. Brief facts of the case, are, that on 24.05.2016, PW8, ASI Ram Lal, Investigator along with other police officials, was at Dalasani in connection with Nakabandi duty in a Govt. Vehicle bearing No. HP34A9984. In the meantime, at about 4.00 a.m., the accused was noticed coming on foot from Panarsa towards Hurla. It is alleged that the accused, on seeing police party and vehicle on the spot, turned back, and, PW8 ASI Ram Lal, noticed the accused with the help of search light. The accused, ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...3...
who was carrying a green coloured carry bag in his right .
hand, threw it downwards the road, and, tried to flee away from the spot. On suspicion, PW8 ASI Ram Lal along with other police officials apprehended the accused at a distance of 1015 foot steps. The accused was inquired about his fleeing from the spot, but he could not give satisfactory answer. Since, the place was secluded and isolated and it was dark, at that time, PW8 ASI Ram Lal waited for some independent witnesses for 1015 minutes, but none was available. Even PW8 ASI Ram Lal also sent PW7 LHC Manoj Kumar towards Dalasani side in search of independent witnesses, but he came back after 1015 minutes and disclosed that no independent witness was available and as such, PW8 ASI Ram Lal associated PW7 LHC Manoj Kumar and HC Mukesh Kumar. It is alleged that in the presence of the said witnesses the accused disclosed his name as Ishwar Dass. Thereafter PW8 ASI Ram Lal along with other ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...4...
police officials gave their personal search to the accused .
vide memo Ex.PW8/A, but nothing incriminating was found. Thereafter bag, which was tied with a knot was checked and searched. On opening the same, a black coloured substance having stick shape, and, wrapped in polythene wrappers was recovered, which was found to be charas/cannabis. The recovered substance was weighed on electronic scale and found to be 1.400 kgs.
Thereafter it was put inside a cloth parcel, which was sealed with nine seal impressions of "M" and facsimile of seal "M" was taken on separate pieces of cloth. PW8 ASI Ram Lal filled up relevant columns of NCB1 in triplicate, NCB form whereof is embodied in Ext.PW5/C, and, the recovered charas along with NCB form and sample of seal were taken into possession vide memo Ex.PW7/B. The copy of memo was given to the accused. PW8 ASI Ram Lal prepared ruqua Ex.PW7/C and sent the same to police station Bhutar through PW7 LHC Manoj Kumar, ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...5...
on the basis of which FIR Ex.PW8/B was registered in .
Police Station Bhutar by SHO Ajay Kumar, and, endorsement on ruqua is Ex.PW8/C. PW8 ASI Ram Lal prepared spot map, Ex.PW8/D and recorded the statements of the witnesses and case file was handed over by PW7 LHC Manoj Kumar to Investigating Officer on the spot and Investigating Officer ASI Ram Lal arrested the accused vide arrest memo Ex.PW8/D. PW8 ASI Ram Lal also prepared memo Ex.PW7/E regarding his search under Section 51 of the Cr.P.C. PW8 ASI Ram Lal prepared special report Ex.PW6/A, and, handed over the same to Addl.S.P., Kullu, who after making his endorsement on the same, handed over the same to PW6 HC Nirat Singh,a nd, PW6 H.C Nirat Singh entered the same in the relevant register, the copy whereof is Ex.PW6/B. Thereafter PW8 ASI Ram Lal along with other police officials came back to Police Station Bhuntar along with case property and the accused, and, produced ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...6...
the case property, and, the accused before SHO Ajay .
Kumar, who resealed the case property with four seal impressions of "O" and facsimile of seal "O" was taken on separate piece of cloth, which are Ex.PW9/A. PW9 Insp./SHO Ajay Kumar also filled up columns No.9 to 11 of NCB1 in triplicate, Ex.PW5/C handed over the case property alongwith relevant documents and sample seals to PW5 MHC Ram Krishan, who entered, the same in the Malkhana register. It is alleged that on 25.5.2016 PW5 MHC Ram Krishan after filling the relevant columns of NCBI in triplicate vide RC Ex.PW5/B, sent the case property alongwith relevant documents to FSL, Junga through PW2 HHC Janesh Kumar, who on his return handed over the receipt to MHC. PW4 Annu Thakur had brought the case property back alongwith result Ex.PW8/G and handed over the same to PW5 MHC Ram Krishan, who made its entry in the register concerned.
On 01.07.2016, vide rapat Ex.PW1/E, the case property ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...7...
was produced before the court of learned Chief Judicial .
Magistrate, Kullu, for conducting proceedings under Section 52A of the NDPS Act, and, after conducting the same proceedings, the case property along sample seal of "CJM", Ex./PW5/D was handed over to PW5 MHC Ram Krishan, and, the learned Chief Judicial Magistrate, Kullu, issued certificate Ext. PW8/F in this regard. The contraband was subjected to chemical examination, and, on receipt of report of SFSL, Ex.PW8/G, the recovered substance was opined therein to be cannabis and sample of charas.
3. The accused was charged for committing, an, offence punishable, under Section 20, of, the ND & PS Act. In proof of the prosecution case, the prosecution examined ten witnesses. On conclusion of recording, of, prosecution evidence, the statement of the accused, under, Section 313 Cr.P.C. was recorded, by the trial Court, wherein, he claimed false implication.
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4. On an appraisal of evidence on record, the .
learned trial Court, recorded findings, of, conviction against the accused/appellant herein.
5. The appellant, is, aggrieved by the judgment of conviction, and consequent therewith sentence(s), recorded upon him, by the learned Special JudgeII, Kangra at Dharamshala, District Kangra (HP). The learned counsel appearing for the appellant, has concertedly, and, vigorously contended qua the findings of conviction, recorded by the learned Special Judge, standing not, based on a proper appreciation, by him, of the evidence on record, rather, theirs standing sequelled by gross misappreciation, by him, of the material on record. Hence, he contends qua the findings of conviction being reversed by this Court, in the exercise of its appellate jurisdiction, and, theirs being replaced by findings of acquittal.
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6. On the other hand, the learned Additional .
Advocate General, has with compatible force and vigour, contended that the findings of conviction, as, became recorded by the Court below, standing based on a mature and balanced appreciation of evidence, on record, and, theirs not necessitating any interference, rather theirs meriting vindication.
7. 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.
8. Through memo, drawn in Ext. PW7/B, Charas, became recovered from the exclusive, and, conscious possession of the accused. A sealed cloth parcel, enclosed therewithin, the, recovered Charas, hence as, evident, on a reading, of, the proven NCB form, embodied in Ext.
PW5/C. The Investigating Officer, through signatured recital(s), made thereins, hence embossed thereon, 9 seals, of, English alphabet "M". The afore made ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...10...
embossing(s), upon, the apposite cloth parcel, were made .
at the site of occurrence. The afore made embossing(s), hence, upon, the apposite cloth parcel, at the site, of, occurrence, do, carry, as imminent on a reading, of, the seizure memo, borne in Ext, PW7/C, all the apposite congruities, visavis, Ex.PW5/C, hence, qua therewith,
(i) and, specifically appertaining to the numbers, of, seals pasted thereons, as well as, to the designations, of, English alphabets, made, on the seal impression(s), hence embossed, upon, the cloth parcels, Ext. P1 and Ext. P2. Upon, the afore cloth parcels, becoming transmitted, to the Police Station concerned, thereat, as evident on a reading, of, the proven NCB form, borne in Ext. PW5/C, the SHO concerned, respectively, made/pasted thereupon(s), four reseal, seal impression(s), each carrying thereon(s), the English alphabet "O". Through road certificate, borne in Ext.
PW5/B, the afore apposite cloth parcel, became ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...11...
transmitted to the FSL concerned, and, thereon(s), the .
chemical examiner, working thereat, rendered an opinion thereon, visàvis, the contents borne in the apposite sealed parcel, being Charas. Furthermore, in the report, of, the FSL, borne in Ext. PW8/G, there occurs a narration, visàvis, all the afore seal impression(s), as, became embossed, on the apposite cloth parcels, as became sent thereat, for examination, rather each carrying the number(s), of, seal impressions, and, also the English alphabet(s), embossed thereon(s), (ii) and, rather theirs' bearing complete compatibility, with, the narration(s), qua therewith, as, borne, in the NCB form, as also with the narrations as borne in Ex.PW8/F, (iii) exhibit whereof is a certificate issued by the learned Chief Judicial Magistrate, Kullu, on an application moved therebefore, by the Investigating Officer concerned, rather for certifying the apposite inventory hence under Section 52A(2) of the ND&PS Act, (iv) and, as also for drawing of ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...12...
representative samples, reiteratedly, both with respect to .
the numbers, of, seal impressions, as echoed therein(s), and, also, visàvis, the numbers, of, reseal, seal impressions, made thereon, (v) and, besides, visàvis, the English alphabet(s), embossed thereon(s), and, as become(s) echoed in NCB form, borne in Ext. PW5/C. Even though, proof, visàvis, the afore memo(s),becomes testified by the Investigating Officer, and, also by PW5, who had authored, the afore road certificate, whereupon, an inference becomes aroused, visàvis, (vi) qua upto the arrival, of, the case property at the FSL concerned, hence all the afore congruities, and, similarities, inasmuch as, visàvis, the numbers, of, seal(s), made upon, the apposite cloth parcel(s), and, visàvis, the number(s), of, reseal, seal impression(s), borne upon the apposite cloth parcel(s), (vii) besides qua the English alphabet(s), respectively made thereon(s), by the Investigating Officer, and latter by the SHO concerned, ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...13...
rather all hence remaining alive, and, intact. However, .
all the afore connectivity(ies), hence commencing from the stage, of, recovery, of, case property, from the site, of, occurrence, through memo borne in Ext. PW7/B, upto its travelling, to the FSL concerned, would not perse erect, any firm and formidable opinion, qua therethrough, the prosecution invincibly discharging the onus, of, efficaciously proving the charge, against the accused, (viii) unless upon production of, the case property, in Court, and its' thereafter becoming shown, to the prosecution witnesses concerned, the apposite cloth parcels, Ext. P1 and Ext. P2, rather making vivid voicing(s), (ix) hence, appertaining to the occurrence(s) thereat, of, the afore apposite congruities and similarities. However, all the official prosecution witnesses, in their respectively made testification(s), made unequivocal echoing(s), wherethrough they proved, the, afore apposite compatible echoing(s), borne ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...14...
in Ext. PW7/B, and the one(s), borne in NCB form(s), .
hence embodied in Ext. PW5/C. Furthermore, upon the production, of, the case property in Court, and thereat, it becoming shown to PW7, and, PW8, the learned trial Court, recorded qua therewith, the hereinafter, extracted observation(s):
"At this stage, case property i.e. two sealed parcels sealed with four seal impression each of CJM, Kullu along with sample seal produced vide RC No.189 of 2017, Ex.PW7/F. Seals are intact. Sample of seal of CJM is Ex.PW5/D. Parcels are Ex. P1 and Ex.P2."
9. A perusal, of, the hereinabove extracted Court observation(s), as made, during the course, of, recording, of, the depositions of PW7, and, PW8, do unearth, vis àvis, both the cloth parcels, respectively, borne in Ext.
P1, and borne in Ext. P2, rather upon each(s) becoming opened, hence, therefrom(s) respectively ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...15...
Charas, becoming unearthed, (i) and, also upon each(s) .
of the afore cloth parcel(s), hence occurring, four seals impression(s),of, English Alphabet "CJM", and, as, become embossed thereon(s), upon, compliance being meted, visavis, the mandate borne in Section 52A(2), of, the ND&PS Act. Despite the afore Court observation(s), becoming made, during the course, of, recording of the depositions, of, PW7, and, of PW8, and, observations, whereof, palpably, link the existence(s), thereat, of, the apposite congruities, and, connectivities, appertaining to the numbers, of, seal impression(s), made on each, and also qua designation(s) thereon, of English alphabet "CJM", besides appertaining to, the number(s), of, seal impression(s), hence embossed thereon, by the FSL concerned, (i) yet the learned defense counsel, despite his being present, at the afore stage, did not, contest the afore apposite similar thereat occurrence(s), thereon, nor contested the authenticity, of, the afore made Court ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...16...
observation(s), and, appertaining to the afore seal .
impression(s), becoming respectively, pasted upon each(s), of, the afore two cloth parcels, and, (ii) nor visà vis, one seal impression, of, the FSL, becoming made thereon, nor obviously, was able to make any voicing(s), visàvis, the afore cloth parcels, in contemporaniety, vis àvis, theirs becoming produced in court, theirs being tampered or unintact. In aftermath, this Court is constrained to conclude, that, the apt connectivity, visa vis, the afore, imperative, factum, becoming un flinchingly proven, and, the, afore connectivity, as, commencing from the date of seizure, of, the case property, at the site of occurrence, and, its surviving upto its production, in Court. All the official witnesses supported the testifications, rendered by PW7, and, PW
8.
10. Conspicuously, the deposition of, PW5, as occurring in his examinationinchief, makes echoing(s), ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...17...
bearing, the, completest concurrence, visàvis, (a) the .
case property, comprising, two cloth parcel(s), hence becoming deposited before him, by SHO Ajay Kumar, (i) however, thereonwards, he also deposes, visàvis, on, the cloth parcel(s), 9 seal impression(s),of, English alphabet "M", and, four reseal, seal impression(s), of, English alphabet "O", becoming embossed thereon.
Prominently, when he also echoes, in his examination inchief, visàvis, upon, the afore parcel(s), the afore seal impressions(s), besides, reseal, seal impression(s), bearing compatibility, visàvis, the corresponding thereto hence echoing(s), made in the seizure memo, embodied in Ext. PW7/B, also rather becoming borne thereon(s).
Furthermore, with PW5, proving the abstract, of, Mallkhana Register, borne in Ext. PW5/A, and, his also testifying qua his making the endorsement, encircled in the NCB form, embodied in Ext. PW5/C, ii) thereupon, the defense cannot coax this Court, to, infer qua, at any ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...18...
stage, their occurring tampering(s), with the case .
property.
11. In addition, the personal jamatalashi, of, the accused, became conducted through memo drawn, on, 24.05.2016, and, therethrough the items reflected thereins, became recovered, and, in the presence of witness(es), thereto(s), and, after conclusion(s) thereof, no, incriminatory material became recovered, upon, the jamatalashi, of, the accused, being made, or upon, the respective jamatalashies of the police official, becoming conducted, hence in the presence of independent witness(es). The effect thereof is especially when the defence, does not make, any projection, visàvis, any fragment, of, incriminatory item(s), becoming recovered during, the course of conducting, of, jamatalashies, of the, police officials, and, thereafter it becoming, disingenuously planted or part or fragment of the recovered items, becoming planted upon the accused.
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Besides, when no further projection is meted, by the .
defence, inasmuch as, the police officials thereafter disingenuously planting, them, on the accused; (a) thereupon, there was no prior statutory necessity, of any, consent, within, the ambit of Section 50, of, the, NDPS Act, becoming elicited, from, the accused. (b) Consequently, the defence cannot also make any valid espousal, visàvis, the police planting inside the relevant bag, the afore made recoveries, as made under, memo borne in Ex. PW7/B, unless cogent evidence qua therewith, stood adduced; (c) since the afore evidence is grossly amiss, thereupon, the defence cannot make any valid argument, visàvis, the afore recovery being contrived or being, a sequel, of, disingenuous planting(s), hence, within the bag carried by the accused, at, the relevant time, rather by the Investigating Officer.
12. Since, the Hon'ble Apex Court, in, a, judgment rendered, in case, titled Jeet Ram vs. The Narcotics ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...20...
Control Bureau, Chandigarh, case whereof, became .
assigned, bearing Criminal Appeal No.688 of 2013, has, made expostulation, of, law, visàvis, (a) the onus became rested upon the convict, to, explain, the, apposite possession, and, (b) in absence of the afore onus, being discharged, thereupon, the, presumption, under Section 54 of the NDPS Act, becomces attracted against the accused. Since, the convict, has not efficaciously discharged the onus, inasmuch as, his failing, to, explain his possession, of, the apposite bag, thereupon, the presumption, cast, under Section 54 of the NDPS Act, became, aroused, against him, and, disables him, to, contend that he was never, in de facto, in possession, of, the relevant contraband.
13. At the fag end, the learned counsel, for, the appellants/convicts, submitted before this Court, that eventhough, as evidently surfaces, on, the reading(s), of, the depositions, of, the official witnesses, that the ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...21...
relevant place is, a, thickly inhabited place, hence, the .
Investigating Officer, was enjoined to associate independent witnesses, for, hence, benumbing any conclusion qua his making a skewed, and, slanted investigation(s), into the relevant offences. However, the afore made submission, is, also extremely weak, as a catena of judgments made by the Hon'ble Apex Court, do not carry any postulations, visàvis, the numerical strength, of, the independent witnesses, being imperative, for meteing succor, to, the depositions, of, the police witnesses, rather, an expostulation of law hence, becomes cast(s) therein visàvis, the evidentiary weight, of, the testification(s) of independent witness(es), being the preponderant, and, prime consideration, for, the relevant purposes, than, numerical strength(s) thereof.
Since, all the police witnesses have fully corroborated the prosecution version, and, also when the fullest opportunity, became allowed to the defence, to impeach ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...22...
their credit, and, yet their credit remaining, .
unimpeached; (a) thereupon, their testimonies cannot be marginalized, and also cannot be invalidated merely, upon, independent witnesses, being, in proximity, to the site of occurrence, hence available, and, theirs remaining unassociated in the relevant proceedings. Furthermore, it also becomes propounded, in, a catena of the decisions, made by the Hon'ble Apex Court, that, the testimonies of official witnesses, cannot become invalidated, merely for nonassociation, of, independent witness(es), (b) unless cogent evidence is adduced, and, its making graphic echoings, visàvis, the afore relevant connectivities, and, similarities, hence commencing from happening, of, seizure, of, the case property, at the site of occurrence, upto its production, in, Court, becoming delinked or snapped; (c) and whereas, when rather, wherefrom an inference would become drawable, visà vis, there being an intentional and deliberate omission, ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...23...
of, the Investigating Officer, (a) to despite availability, of, .
independent witnesses, in the vicinity of the relevant site, of, occurrence, hence, his not joining them, in the relevant proceedings, (b) and, whereupons alone it may become further concludable qua his suppressing and smothering, the, genesis of the prosecution case.
Significantly, when rather contrarily hereat, the, afore apt congruities and similarities, do, for all the afore stated reasons, evidently surge forth, thereupons, the testimonies of the official witnesses, cannot be discredited, merely, for, non association, of, independent witnesses, hence by the investigating officer.
14. Be that as it may, since the sample seals also become embossed, on a cloth parcel, and, the afore samples seals pasted, on, the cloth parcel, carry thereon(s) English alphabet 'M', and, when the afore made English alphabet 'M', on the sample seals, as, pasted on a cloth parcel, does bear absolute congruity ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...24...
and similarity, visàvis, the seals embossed, on the .
incriminatory bag, (a) thereupon all imperative links and connectivities appertaining to the afore, become clinchingly proven, hence commencing from the seizure, of, the incriminatory bag, at the site of occurrence, upto, its production in the Court.
15. The learned counsel appearing, for the convict/appellant, yet vigorously made a submission, before this Court, that, the recovery of the contraband, as, made through recovery memo borne in Ex.PW7/B, being a false, and, contrived recovery, (i) inasmuch, as, one of the police officials, namely PW2, HHC Janesh Kumar, who was associated in the investigation(s), by, the investigating Officer, making a deposition in his crossexamination, visavis, his not being present at the relevant time, at the site of occurrence. However, the afore made submission is extremely rudderless, as the afore prosecution witness, is, not a witness of the ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...25...
occurrence or of recovery proceedings, rather he has .
carried, and, deposited the samples of charas along with other relevant documents, to the FSL, Junga.
16. Moreover, the learned counsel appearing, for the appellant, has also made a submission, before this Court, that the site plan, embodied in Ex.PW8/E, is a false document, and, also hence the entire proceedings become vitiated, and, concomitant therefrom inference (i) is that the entire proceedings being conducted in a false, and, contrived manner, on a date other, than the one, as becomes reflected, in, the charge or at a place other than the one as reflected in the afore site plan. In making the afore submission, she has rested it, upon, an articulation borne in the examinationinchief of DW1, wherein, he has made an echoing, that, on 24.05.2016, he came to Kullu, and, inquired about the whereabouts of Ishwar Dass, and, his becoming apprised qua Ishwar Dass, becoming lodged at Police Station, Bhuntar.
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Consequently, she submits that the incident took place .
on a date other than the date, as, reflected in the charge.
The afore submission cannot be accepted (ii) as DW1 has not made any disclosure in his examinationinchief qua the name, of, the officials concerned working, at Police Station Bhuntar, from whom, he has made inquiries, about, the afore fact, (iii) and, who thereafter made the afore intimation to DW1, (iv) whereas, it became incumbent upon the defence, rather for succoring the afore propagation, to name the police official concerned, and, also to cite him as a witness, for his making the afore unfoldments, in, his examination inchief, qua the afore factum probandum, (v) thereupon, no capitalization can be derived therefrom, by the defence, for making a contention before this Court, that, the site plan is a false document, nor it can become contended, by, the learned defence counsel, that, the offence did not come to be committed at the site of ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...27...
occurrence, rather it purportedly occurred on a date prior .
to 24.05.2016, and, not on a date, qua whereof, a charge stands framed, against the accused. Even otherwise, the effect, if any, of the afore, becomes eroded from the deposition of DW2, who therein rather makes echoings, qua on 24.05.2016, there being an outcry in the village hence appertaining to the arrival of the police, at, Panarasa Bridge. Since, the afore made articulation(s) makes obvious graphic disclosure(s), visavis, the arrival of the police, at, the site of occurrence, inasmuch, as, at Panarasa Bridge, hence, happening on 24.05.2016, (vi) and, when the latter date is the date, whereat the charged offence becomes committed, (vii) thereupon, also the learned counsel, appearing for the convict/accused, cannot make an argument, that there was any disingenuous displacement, of, the site of occurrence, nor she can make any further argument, that, the entire proceedings, as, drawn at the site of occurrence being ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...28...
false, given theirs purportedly occurring elsewhere nor .
hence, she can contend that the entire proceedings drawn, at the site of occurrence, and, qua wherewith recovery memo, borne in Ex.PW7/B, became drawn, rather, are, false in their entirety.
17. Be that as it may, the learned counsel appearing for the accused/appellant, has also made, a submission before this Court, that, the google map, embodied in Ex.D1, and, appertaining to the site of occurrence, succoring the afore propagation. However, Ex.D1, does not disclose the authorship thereof, nor vividly proves any occurrences, of, any displacement(s), visavis, the unfoldments, borne in site plan, embodied in Ex. PW8/D. Consequently, this Court holds, that, the site plan borne in Ex.PW8/D, is, the site plan, rather whereat the relevant occurrence hence took place. In addition, the learned counsel appearing for the convict, has, argued that since a reading of the charge unfolds ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...29...
that the site of occurrence is described to be a place, near .
Panarsa Bridge, in between Panarsa and Hurla, on, Dalasani Road, District Kullu, (a) thereupon, ipso facto thereons, hence, the site of occurrence, as, disclosed in the site plan, borne in Ex.PW8/D, rather becomes falsified. However, the afore submission, is also falsely made, before this Court, as, a perusal of the site plan, embodied in Ex.PW8/D, (b) reveals that the relevant seizure, occurred at point "A" thereof, and, when the expanse of the Hurla road hence commences from point "D", (c) and, ends at Hurla, and, when within the entire expanse, of, the road also the afore point "A" occurs, and, whereat the relevant seizure was made, and, rather does not occur, outside the expanse of the road, described in Ex.PW8/D, to, commence from Panarsa Bridge, and, end at Hurla, reiteratedly rather fall(s) therewithin(s), (d) thereupon, the charge qua wherewith, the, convict faced ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP ...30...
trial, and, became convicted, and, sentenced, does stand .
unflinchingly proven.
18. 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, and, the analysis thereof, by the learned trial Court, hence does not suffer, from, any perversity or absurdity of misappreciation, and, nonappreciation, of evidence, on record.
19. There is no merit in the appeal, and, the same is dismissed. The impugned judgment, is, affirmed and maintained. The records be sent down forthwith.
(Sureshwar Thakur) Judge (Chander Bhusan Barowalia) Judge 7th October, 2020 (jai) ::: Downloaded on - 08/10/2020 20:18:28 :::HCHP