JAGROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 30/4/93 passed by the learned Addl. Sessions Judge, Ratangarh, whereby he found appellant Jagroop Singh guilty of the offence under section 302 IPC and sentenced him to life imprisonment with a fine of Rs. 1000/- and in default to further undergo two months' rigorous imprisonment.

(2.) THE facts necessary for the disposal of this appeal are that in the morning of 12. 03. 1992, two village girls noticed a dead body, which was partly buried under sand in the field of one Mohan Singh Rajput near village Malasar. THEy informed about this to PW 1 Ganesh Singh, who in his turn reported to the police. THEreupon, Shri Omprakash, SHO, P. S. Rajaldesar went to the spot and found that dead body of an unknown male person having multiple injuries on head, was lying in the said field nearby the road leading from Malasar to Sardar Shahar. On the report of Shri Omprakash, SHO, crime No. 21/92 under section 302-201 IPC was registered. THE Investigating Officer inspected the site, prepared its site plan (Ex. P. 2), memo of dead body (Ex. P. 2) and inquest report (Ex. P. 3 ). He also seized and sealed blood stained soil and control sample of earth vide seizure memo Ex. P. THE dead body was naked whose both hands were tied from behind. A piece of cloth was also found inserted in its mouth. Nearby the dead body, one pant and a torn shirt were also found lying. THE Investigating Officer also noticed foot prints of two persons one of the foot prints was that of shoe while other foot print was of a naked foot. Moulds of those foot prints were taken. Co-accused Kala Singh was arrested on 22. 3. 92 and in pursuance to his information, he pointed out the place where the dead body was found. Appellant Jagroop Singh was arrested on 28. 5. 92. He volunteered information and in pursuance thereof got one iron tye-rod recovered underneath a tree situated about thirty passage away from the place where the said dead body was found lying. However, the aid tye-rod was not stained with blood. THE Investigating Officer got the specimen moulds of the shoes of accused Kala Singh and those of right foot of the appellant in presence of a Magistrate. He sent those specimen moulds as well a sealed packets of moulds of the foot prints lifted from the place where the dead body was found lying, to the Finger Print Bureau, Rajasthan, Jaipur. THE chance foot mould was not found fit for comparison & examination by the Finger Print Bureau. However, the chance mould of the shoe was found to have similar features with the specimen of left shoe impression of co-accused Kala Singh. During Investigation, it transpired that the appellant Jagroop Singh and Kala Singh "were drivers of Truck No. HYN 182 and that deceased Deepak Behari was the Khalasi of the said truck. It also transpired that in the night intervening 10th and 11. 03. 1992, Deepak had an altercation with appellant Jagroop Singh and that the former had pushed the latter, who sustained injuries his head and that for that incident, appellant Jagroop Singh had lodged a report at Police Station, Chhapar at 2. 15 A. M. on 1. 3. 92 which was entered in daily diary of the police station as report No. 318, Ex. P. 38. Since no cognizable offence appeared to have been made out, no case was registered on that report. After investigation, the Investigating Officer filed a charge-sheet against the appellant and co-accused Kala Singh in the court of M. J. M. , Ratangarh, who in his turn committed the case to the Court of learned Addl. Sessions Judge, Ratangarh. A composite charge under section 302 and 302 read with 34 IPC was framed against the appellant and co-accused Kala Singh, who pleaded not guilty and claimed trial.

(3.) WE have given our most anxious and earnest consideration to the rival contentions. There is no direct evidence of the alleged crime in this case. The whole case hinges on circumstantial evidence. It may be mentioned here that there is not an iota of evidence to establish that the recovered dead body was of Deepak Behari. In the FIR, it has been mentioned that the dead body of an unidentified and unknown person was found lying. In the post mortem examination report, Ex. P. 24, that dead body was not identified by any person. The prosecution has not examined any witness, who had either identified the dead body or its photographs Ex. P. 14 to Ex. P. 17. PW-19 Omprakash, I. O. , did not know Deepak Behari personally. Not a single witness has testified that the dead body of the said unknown person was that of Deepak Behari. Merely on the basis of transit pass (Ex. P. 19) and toll tax ticket Ex. P. 21 found in the pocket of the pant lying near the dead body, it cannot be conclusively held that the said dead body was that of Deepak Behari. Thus, the finding of the learned trial Judge on this score is not based on any evidence recorded in this case.