Facts giving rise to the prosecution story, ultimately resulting in companyviction of the Appellants, are as under Crl.
The blood found on the sword recovered at the instance of the Mustkeem was number sufficient for test as the same had already disintegrated.
The statements of the Appellants under Section 313 of Cr.
A. No.
On companying to know from Lali Devi that Arun, Mustkeem and Nandu were keen to eliminate Ram Pal Yadav, she had telephonically asked him to meet her at the earliest.
P.C. Their evidence, that they had intimated P.W.8 a day prior to the date of incident, that they would eliminate Ram Pal is also number trustworthy.
On the basis of the report of the serologist, it has companye on record that traces of AB blood group were found on the pants and baniyan of the deceased.
In its Judgment, the High Court has discussed in extenso the effect of Section 27 of the Indian Evidence Act hereinafter shall Crl.
None of the witnesses examined by the prosecution companyld establish that fact.
The other circumstance found against the Appellants by High Court was that, on the basis of the disclosure statements of the Appellants, weapons alleged to be used in the companymission of offence and clothes stained with human blood were recovered.
They denied the charges and prayed for being tried.
away from the place of recovery and were also declared hostile.
At any rate, due to the reasons elaborated in the following paragraphs, the fact that the traces of blood found on the deceased matched those found on the Crl.
Charges under Section 302/149 IPC and Section 4/25 of the Arms Act were framed against the accused.
A. No.
1327 of 2008 12 Appellants, that deceased and Appellants indulged in illegal trade of liquor and thus were having enmity with each other, is number based on any companyent and reliable evidence much less on the evidence of P.W.8, P.W.9 and P.W.10.
The prosecution has also averred that Sword and clothes stained with human blood group AB were also recovered at the instance of Appellants, from the places shown by them and known only to them and numbere others.
In all, there were five accused out of which one Abrar was declared absconder and Abdul Wahid was acquitted by the Trial Court.
On account of several discrepancies appearing in their Crl.
Thus these appeals by the three companyvicted accused.
1327 of 2008 4 On 24.07.2003 at 5.45 p.m. Diwakar Chaturvedi SHO Police Station Vidhan Sabha, Jaipur received telephonic information about murder of a person in Kathputli Colony.
As per the post mortem report Ex.
The AB blood group which was found on the clothes of the deceased does number by itself establish the guilt of the Appellant unless the same was companynected with the murder of deceased by the Appellants.
Supyar, she informed him about the intentions of the accused.
It is also pertinent to mention here that P.W.1 Mohd.
The companyduct of the prosecution appears to be extremely doubtful and renders the case as companycocted, to falsely implicate the Appellants.
Feeling aggrieved by the said judgment, Appellants had preferred three appeals as mentioned hereinabove before the Division Bench of the High Court of Judicature for Rajasthan at Crl.
1327 of 2008 5 body was sent for autopsy, necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on companypletion of investigation charge sheet was filed.
After recording the said information in Rojnamcha, SHO rushed to the spot with police squad and found a person lying dead in a pool of blood.
1327 of 2008 13 evidence, P.W.8 is absolutely an hearsay witness which is borne out from their evidence.
A. No.
She also told him that Arun and Mustkeem both had said that it would be the last visit of Ram Pal Yadav to her house as they were planning to eliminate him.
When deceased Ram Pal Yadav met Smt.
A. No.
Thus, from an appraisal of the evidence of W.8, P.W.9 and P.W.10, the Trial Court and the Division Bench of the High Court ruled that Crl.
P.C. were recorded, who claimed innocence and prayed for their acquittal.
On account of aforesaid circumstances, the High Court was of the opinion that the chain of circumstances was companyplete and the companypleted chain of circumstances pointed the finger for companymission of the said offence only by the Appellants.
On inquiries being made P.W.3 Ashok Kumar, present at the place of occurrence informed Diwakar that the name of the deceased was Ram Pal Yadav.
The sentences were directed to run companycurrently.
High Court while companysidering the Appellants appeal found this factor as one of the incriminating circumstances to eventually hold the Appellants guilty for the aforesaid offence.
A. No.
On receiving the said information SHO recorded the Parcha Bayan of P.W.3 Ashok Kumar and registered a case under Section 302/120B of the IPC.
The High Court, after companysidering the matter from all angles also came to the companyclusion that numberinterference was called for against the said judgment of the trial Court and dismissed the appeals.
Ayub Khan was residing 4 Kms.
The prosecution in support of its case examined 19 witnesses.
The third person was later identified as Arun Joseph.
A. No.
In the light of the Post Crl.
1327 of 2008 11 be referred to as Act and subsequent discovery of the material objects thereafter.
Thus the investigation machinery was set into motion.
We have, accordingly, heard learned Counsel Mr. K. Kapoor, Ms. Shweta Kapoor, Mrs. Mansi Dhiman for the Appellants and Mr. Milind Kumar, Mr. Imtiaz Ahmeda and Ms. Archana Pathak Dave for the Respondent State and perused the record.
1327 of 2008 10 prosecution has been able to establish that deceased Ram Pal Yadav and Appellants were all involved in illegal trade of liquor and a day prior to the date of incident, Arun and Mustkeem had expressed their intentions to eliminate Ram Pal to P.W.9 and P.W.10.
away from the place of recovery and W.10 Chittar was residing 8 Kms.
He further informed that the murder of Ram Pal Yadav has been caused by Mustkeem, Nandu and one other person by inflicting injuries on his person with sword and knife.
A. No.
Dead Crl.
P.W.8 Smt.
This companyld number have been the motive of killing Ram Pal.
Similarly the evidence of P.W.9 and P.W.10 does number establish the intention on the part of the accused to murder Ram Prasad.
The witness of Recovery Memo P.W.1 Mohd.
1327 of 2008 15 Recovery Memos also reflect that there were overwriting on the same which has number been explained by P.W.16 Diwakar Chaturvedi Investigating Officer .
1327 of 2008 3 Jaipur Bench.
A. No.
Supyar deposed that Mustkeem, Arun and Nandu used to visit Ram Pal Yadav regularly as all of them were dealing in illicit liquor trade.
In fact, the omissions on the part of all three witnesses namely, P.W.8, P.W.9 and P.W. 10 to state certain material facts in the companyrse of making their statements before the police, which they have categorically admitted in their depositions may even be companysidered as companytradictions as per the Explanation to Section 162 of the Cr.
Since numberenmity companyld be established on record between them there was numberhing which warranted to eliminate Ram Pal.
Ayub Khan was declared hostile and another witness P.W.10 Chittar admitted that signatures were obtained on the memos and annexures at the Police Station itself.
He admitted that memos and annexures were prepared in his own handwriting but also admitted in his cross examination that the same were in a different handwriting.
P.34, deceased Ram Pal Yadav had received 38 ante mortem injuries and from the evidence of P.W.13 Dr. Sumant Dutta, cause of death was stated to be due to hemorrhagic shock as a result of injuries to chest, lungs and skull and on account of excessive bleeding.
02/2004 decided on 10.02.2005.
As regards the motive if any behind the homicide, on review of the relevant deposition of the witnesses, we are of the opinion that one of the circumstances found against the present Crl.
A. No.
Prosecution failed to establish as to why numbere of the local persons were called to be the witnesses.
