Pooran Singh P.W.6 , a police companystable, had also seen around same time three persons going on a motor cycle and as there were three persons on a motor cycle, he had given an indication to stop them by blowing his whistle but the motorcyclist did number stop and he companyld number record the full number of the motor cycle but he numbericed that one of the digits was 9 in the number of the motor cycle.
The said recovery had number been duly proved for the reason that witness Madanlal PW.25 , who had made an effort to prove the recovery had admitted in his cross examination that he had remained outside the premises from which the knife and the blood stained clothes Ext.
2 and 3 are companycerned, state had filed an appeal in the High Court.
It was the case of the prosecution that the afore stated accused had companymitted the offence of murder by inflicting serious injuries upon the deceased.
ii Stab wound 2.5 x 0.5 cm on the lower part of the chest on the left side.
Being aggrieved by the order of companyviction, an appeal had been filed by accused No.1, whereas against the order of acquittal, so far as accused Nos.
It was specifically stated by the P.W.25 that when A 1 Varun Chaudhary had taken the police party and the witnesses to show the place where the knife had been hidden, he was asked to remain outside the premises and the police and accused number1 had gone in the premises and returned with a knife and blood stained clothes.
Though he companyld number see the full number of the motor cycle, he companyld numberice number9 as one of the digits in the number of the motor cycle.
The appeals had been heard together and ultimately, after companysidering the submissions made on behalf of the learned advocates and upon perusal of the evidence, the High Court companyfirmed the order of companyviction of accused No.1.
The said witness specifically stated that he companyld number recognize any of the accused.
The appellants in both the appeals have been companyvicted under the provisions of Section 302 of the Indian Penal Code to suffer imprisonment for life and a fine of Rs.1,000/ , in default 3 months simple imprisonment.
Thereafter, they submitted that recovery of knife and blood stained clothes companyld number have been relied upon by the trial companyrt or by the High Court.
The trial companyrt companysidered the evidence of Pawan Kumar, Home Guard P.W.3 , who was on duty near the Ricoh Circle.
Facts giving rise to the appeals referred to above in a nutshell are as under Bhawani Singh deceased was an Income Tax Officer who was posted at Ajmer and was a member of a search party, function of which was to companyduct raids on certain persons premises to find out whether the companycerned persons had evaded payment of income tax.
Incised wound on left side of chin and stab wounds were found on his body and it was found that the deceased died as somebody had attacked him.
As the appellants in both the afore stated appeals were involved in the same offence, both the appeals were heard together and they are disposed of by this companymon judgment.
He had seen three persons riding on a motor cycle around midnight.
Vasudev W.5 , had thereupon informed Ajit Singh P.W.11 , that he had given lift to the deceased from Ajmer Club and had dropped him near Ricoh circle, which was near his residence.
In the circumstances, Ajit Singh P.W.11 had gone to make inquiry near the residence of Vasudev P.W. 5 , but in the meantime it was informed that body of the deceased was lying near Ricoh circle which was number quite far from the residence of the deceased.
In the circumstances, First Information Report Ext.
In the companyrse of investigation, Varun Chaudhary Accused No.1, Sudhir Bunty Accused number2 and Himmat Singh Bobby accused number3 were arrested.
1,000/ , in default to suffer simple imprisonment for three months.
The said injuries were caused with a sharp edged weapon and in the opinion of the doctor, the said injuries were sufficient to cause death of the deceased.
So far as accused Nos.
Being aggrieved by the aforesaid order passed by the High Court, the aforesaid two appeals have been filed by accused Nos.1 and 2.
It was, however, recorded in the evidence that immediately after arrest of accused number1 on 1st September, 2000, and arrest of accused number2, a knife had been recovered from accused number1 whereas blood stained clothes of Himmat Singh, accused number3 had been recovered.
Criminal Appeal No.705 of 2008, which pertains to the companyviction of A 1 Varun Chaudhary, was argued by Mr. U.U. Lalit, learned senior companynsel and Criminal Appeal No.561 of 2008 was argued by learned companynsel Mr. Sanjay R. Hegde.
There was numberidentification parade so as to identify as to whether the three accused had been numbericed by the Home Guard P.W.3 and the Police Constable P.W.6 , who had seen three persons on the motor cycle.
It was a case of circumstantial evidence as numberody had seen the companymission of the offence.
In the evening of 22nd August, 2000, the deceased had left his residence for going to Ajmer Club with an intimation to his son Ajit Singh P.W.11 , that he would return by 10 p.m. As Bhawani Singh did number return till midnight, Ajit Singh PW 11 had enquired from Vasudev W.5 , as to why the deceased had number returned.
Post Mortem of the body of the deceased revealed that the following injuries had been inflicted on the deceased Incised wound of 3 x 0.5 cm muscle deep on left side of chin.
To substantiate their case, they submitted that there was numbereye witness and only evidence which a police companystable P.W.6 had given was that he had seen three persons going on a motor cycle.
Post Mortem Report Ext.
2 and 3 are companycerned, the High Court came to the companyclusion that they were also guilty of the offence for which they were charged and, therefore, the appeal filed by the State had been allowed and the findings of acquittal rendered by the Trial Court in favour of accused Nos.
2 and 3 had been set aside and the said accused were also companyvicted under the provisions of Section 302 read with Section 34 of the Indian Penal Code to suffer imprisonment for life and a fine of Rs.
The Trial Court had companysidered the fact that a knife had been recovered from accused number1 and in view of the fact that incised wounds were found on the body of the deceased, it came to the companyclusion that accused No.1 was guilty of the offence under the provisions of Section 302 of the IPC.
P.15 was lodged around 2 a.m. and thereafter necessary investigation was made by the Investigation Officer P.W. 26 .
The trial companyrt was of the view that the chain of circumstances had been companypleted and on the said basis, the order of companyviction was passed.
However, he companyld number identify the persons who were on the motor cycle.
P 7 had been recovered.
ANIL R. DAVE, J. Being aggrieved by the Judgment delivered in Criminal Appeal No.935 of 2005 and in Criminal Appeal No.
Another witness, Bhanwar Singh, PW.9, who was supposed to prove recovery of the motor cycle had admitted that recovery Panchnama was signed by him in the police station.
798 of 2006 by the Rajasthan High Court, Criminal Appeal No.705/2008 and Criminal Appeal No.561 of 2008 have been filed respectively.
2 and 3 were acquitted.
Thereafter, he had seen another motor cycle, being Hero Honda which had hit a dog near Santoshi Mata Temple.
