(1.) The present appeal is directed against the judgment dtd. 29/3/2022 passed by learned Additional Sessions Judge, Rampur (learned Trial Court) vide which, the respondent (accused before the learned Trial Court) was convicted of the commission of offences punishable under Ss. 302, 201, 404 of Indian Penal Code (IPC) and order dtd. 1/4/2022 vide which he was sentenced as under:- <FRM>JUDGEMENT_35_LAWS(HPH)11_2024_1.html</FRM>
(2.) Briefly stated, the facts giving rise to the present appeal are that the deceased Kali Ram @ Kadi Ram had gone to the jungle to graze the sheep on 20/3/2018. He did not return. His dead body was found in a naked condition in the jungle. Nirmala Devi (PW3) informed the police. An entry (Ext. PW8/A) was recorded in the police station. ASI Jeet Ram (PW11), HC Vinod Kumar, HHC Inder Singh and HHC Roshan Lal went to the spot to verify the correctness of the information. Jeet Ram found the dead body of Kali Ram lying naked in the forest. Many people had gathered near the dead body. Roop Lal-informant (PW1) made a statement (Ext. PW1/A) that deceased Kali Ram was his father. He had gone to graze the sheep on 20/3/2018. He was informed by Bhisham that the sheep were roaming in the jungle and there was no one with them. Roop Lal (PW1) called his father but the phone was switched off. Roop Lal requested Bhisham to bring the sheep to the home. He searched for Kali Ram on 21/3/2018 but could not trace him. Pyare Lal informed Roop Lal about the discovery of the dead body. Statement (Ext. PW1/A) was reduced into writing which was sent to the police station where FIR (Ext. PW14/D) was registered. Jeet Ram (PW11) conducted the investigation. The photographs (Ext. PW11/A1 to Ext. PW11/A15) were taken. Jeet Ram prepared the spot map (Ext. PW11/B). Roop Lal identified the dead body of his father Kali Ram. Memo (Ext. PW1/B) was prepared. Jeet Ram (PW11) lifted blood-stained soil and grass and put them in a plastic jar. The jar was sealed with a seal impression 'H'. He also lifted the controlled sample soil from the spot and put it in the polythene packet. The Polythene packet was put in a cloth parcel and the parcel was also sealed with a seal impression 'H'. These were seized vide memo (Ext. PW1/C). He recovered a pair of shoes (Ext. PG1) of the deceased at a distance of about 6 feet from the site of the recovery of the dead body. These were put in a white gunny bag (Ext. PG). The bag was sealed with seal 'H'. Jeet Ram also seized two warm lowers (Ext. PH2 and Ext. PH4), one blood-stained jacket (Ext. PH1), and one sweater (Ext. PH3). He put them in a blue gunny bag (Ext. PH) and sealed the gunny bag with seal 'H'. He seized five pieces of wood (Ext. PK1) and one green bush (Ext. PK2), which had blood stains. These were put in a silver gunny bag (Ext. PK). The bag was sealed with seal 'H'. He recovered one black and white button (Ext. PJ2) which was put in a matchbox (Ext. PJ1). The matchbox was put in a cloth parcel (Ext. PJ) and the parcel was sealed with a seal impression of 'H'. He found the mobile phone of the deceased (Ext. PN1) at some distance. It was put in a cloth parcel (Ext. PN) and the parcel was sealed with Seal 'H'. Seal impressions (Ex.PW1/D to Ext. PW1/F) were taken on separate pieces of cloths. He also seized one stick (Ext. P1) vide memo (Ext. PW1/H). The dead body was brought to MGMS, Khaneri. Jeet Ram prepared the inquest report (Ext. PW11/C). He filed an application (Ext. PW11/D) for conducting the post-mortem examination of the deceased. The dead body was referred to IGMC Shimla vide endorsement (Ext. PW11/E). Dr Dhruv Gupta (PW16) and Dr Rahul Gupta conducted the post-mortem examination of Kadi Ram alias Kali Ram and found multiple injuries on his body. According to their opinion, the deceased had died due to fatal pressure over the neck consistent with homicide throttling which was sufficient in the ordinary course of nature to cause the death of a person. They issued the post-mortem report (Ext. PW16/A). They preserved the viscera of the deceased, blood samples of the deceased in two vials, urine sample in one vial and nail clippings. These were sealed and handed over to HHC-Roshan Lal accompanying the body. The injuries on the body of the deceased were possible with the stick (Ext. P1) and injury on the private part was possible with stone (Ext. PF2). Jeet Ram arrested the accused. Anil Kumar made a disclosure statement (Ext. PW6/A) that he could get the currency notes recovered, which he had taken out of the pocket of the deceased, socks, the shoes and clothes that he was wearing on the date of the incident concealed by him in the house. Accused-Anil Kumar led the police and the witnesses to his house and got a backpack recovered from the backside of his house concealed beneath the single bed. He took out Rs.19,300.00 from the outer pocket of his bag. Money was put in the bag. The bag was put in a cloth parcel and the parcel was sealed with seal A. The parcel was seized vide memo (Ext. PW4/A). Specimen seal (Ext. PW4/B) was also taken. Accused Anil led the police and the witnesses to the kitchen of his house and took out shoes (Ext. PD1) and socks. The socks were blood-stained. These were put in a cloth parcel (Ext. PD). Seal impression 'A' was put on the parcel and the parcel was seized vide memo (Ext. PW4/C). The sample seal (Ext. PW4/D) was taken on a separate piece of cloth. Pooja, wife of Anil, produced the clothes, which were seized vide memo (Ext. PW4/A). The sample seal (Ext. PW4/F) was taken on a separate piece of cloth. A site map (Ext. PW11/G) was prepared and the photographs (Ext. PW11/H1 to Ext. PW11/H11) were taken. The accused led the police party and the witnesses to Jhumakarai Forest where he identified the plant from which he had broken the stick. A piece (Ext. PF1) was retained as a sample. The accused also got a stone (Ext. PF2) recovered, which was put in a cloth parcel (Ext. PF) and the parcel was sealed with seal impression 'A'. These were seized vide memo (Ext. PW6/B). He also identified the place. Memo (Ext. PW6/C) was prepared. The blood sample of accused Anil was also taken. The case property was deposited with HC-Ramesh Chand (PW14), who deposited it in Malkhana and made entries in the malkhana register (Ext. PW14/B and Ext. PW14/C). He sent the case property to FSL, Junga vide RC No. 104/17-18 (Ext. PW9/A) through HHC Khushi Ram who deposited all the articles at SFSL, Junga and handed over the receipt to MHC on his return. SI-Om Prakash (PW10) conducted further investigation. He recorded the statements of the witnesses as per their version. Mohar Singh (PW7) prepared the Aks-Tatima (Ext. PW7/B). The reports of analysis (Ext. PX to Ext. PZ1) were issued by FSL stating that blood was detected on the blood-stained soil and grass lifted from the spot, and the sweater and jacket of deceased Kadi Ram. Blood was also detected in traces on the pyjama and inner of deceased Kadi Ram, which was insufficient for serological examination. Human blood was found on blood-stained wooden sticks lifted from the spot but the result was inconclusive regarding the blood group. Human blood was detected on the nail clippings of deceased Kadi Ram, the shoes and hood of accused Anil Kumar, stone and wooden pieces but it was insufficient for blood group examination. Human blood of group 'AB' was detected in a blood sample of deceased Kadi Ram and socks of accused Anil Kumar. The hair found on the stone lifted from the spot was identified as human pubic hair. The blood of the deceased had 344.53 MG per cent and the urine of the deceased had 270.82 mg percent proof ethyl alcohol in them. The DNA profile obtained from wooden pieces, stone and socks of accused Anil Kumar was consistent with the DNA profile obtained from the blood sample of the deceased. A low-intensity partial and mixed DNA profile was obtained from the shoes of accused Anil Kumar but nothing specific could be said about this exhibit. The statements of the remaining witnesses were recorded as per their version and after the completion of the investigation, the challan was prepared and presented in the Court of learned Additional Chief Judicial Magistrate, Rampur Bushhar who committed it for trial to learned Sessions Judge, who assigned it to learned Additional Sessions Judge, Rampur (learned Trial Court) for trial.
(3.) Learned Trial Court charged accused-Anil Kumar with the commission of offences punishable under Ss. 302, 201 and 404 of IPC. The other accused were charged with the commission of offences punishable under Ss. 201 and 202 read with Sec. 34 of IPC. The accused pleaded not guilty and claimed to be tried.