KANHAKRU RAM Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Kanhakru Ram is convict. He has been tried and convicted for the commission of offence punishable under Sec. 302 of the Indian Penal Code vide judgment dated 25.04.2017 passed by learned Additional Sessions Judge-II, Mandi, H.P. circuit Court at Sarkaghat and sentenced to undergo rigorous imprisonment for life and to pay Rs.1,00,000.00 as fine. Aggrieved thereby, the present appeal has been filed on the grounds inter-alia that learned trial Court has not appreciated the evidence available on record in its right perspective and rather based the findings on conjectures and surmises. No legal and acceptable evidence has come on record which suggests the involvement of the accused with the commission of the offence. He has been convicted merely on the basis of so called extra judicial confession he made before Suresh Kumar (PW-1) and the disclosure statement Ext.PW-10/B under Sec. 27 of the Indian Evidence Act leading to the recovery of weapon of offence the axe, Ext. P-2, blood stained jean pant Ext. P-11 as well as shirt Ext. P-13 of the accused. There is, however, no reliable evidence to show that the extra judicial confession was made by the accused and that on the basis of thereof axe Ext. P-2, pant and shirt Ext. P-12 and Ext. P-13 were recovered in the presence of witnesses. The witnesses to such recovery PW-6 Brij Lal, PW-13 Champa Devi and PW-14 Hem Raj, however, have not supported the prosecution case and turned hostile. The axe Ext. P2 as per prosecution evidence itself was lying on the spot as has come in the statement made by PW-1 Suresh Kumar the star prosecution witnesses. Learned trial Judge allegedly erred legally and factually while concluding that the facts established on record are consisttent only with the hypothesis to the guilt of the accused and exclude every possible hypothesis except it. The contradictions, improvements and inconsistencies in the statements of prosecution witnesses have also been ignored. The impugned judgment, as such, has been sought to be quashed.

(2.) Now if coming to the factual matrix, accused Kanhakru Ram and PW-1 Suresh Kumar both belong to village Sakoh, Post Office Sidhpur, Tehsil Dharampur, District Mandi, hence neighbour. While accused is working as Beldar (Pump Operator) in the pump house of I &P.H. Section, Sidhpur, the complainant Suresh Kumar was working as Junior Technician in the Public Works Department, Sidhpur. There is a temple of 'Shri Hanuman JI' in the village at a distance of 400-500 meters from their house. On 8.5.2015, accused came to the house of PW-1 during day time and asked for axe from his wife, Smt. Champa Devi, PW-13, which allegedly was required by him to fence the temple. She revealed such facts to her husband PW-1 Suresh Kumar in the evening at 7.30 p.m when he returned to his house from duty. At that very time, accused allegedly came to PW-21 and told that he was called by Baba (Priest) in the temple. He accompanied by accused left towards temple side. On the way, accused disclosed that he has killed the Baba with axe and kept his body outside the 'Kutia' (hut) and fled away. The complainant informed the police over telephone that accused had killed the baba in 'Hanuman Ji' temple at village Sakoh. The information so given to the police was entered in daily diary vide rapat Ext. PW-11/A, the complainant when reached in the temple noticed that the dead body of baba was lying in southern corner outside the kutia and an 'axe stained with blood' was also lying there.

(3.) The police also reached on the spot and recorded the statement of complainant Suresh Kumar, Ext. PW-1/A under Sec. 154 Crimial P.C. On the basis of the statement so made by the complainant FIR Ext. PW-10/A came to be registered in the police station. The investigation was conducted by PW-15 Inspector/SHO Amar Singh, Police Station, Dharampur, District Mandi, H.P. He inspected the body, taken its photograph, completed inquest papers. The spot map Ext. PW-15/B was also prepared. The blood stained soil and controlled soil were taken in possession vide seizure memo. The photographs of the hut were also taken. The mobile phone, Adhaar card, ration card of baba were also taken in possession in the presence of witnesses. On the next day i.e. 9.5.2015, the accused was arrested. The post-mortem of the dead body was conducted by Dr. Dharam Pal, Medical Officer, Civil Hospital, Sarkaghat on that very day. The post-mortem report Ext. PW-9/C was issued. The viscera, part of liver, kidney, stomach, intestine and blood etc, were taken in possession and sealed in a parcel with seal 'RH' Sarkaghat. The impression of seal Ext. PW9/B was also obtained separately. As per his opinion, Ext. PW-9/D, formed on the basis of report, no poison and alcohol could be detected in the viscera, therefore, as per his opinion, the cause of death of the decesed was head injury.