SANDEEP THAKRAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THOUGH the offence for which Sandeep Thakran and Pradeep Kumar, the appellants herein, have been charged, is gruesome and revolts the human conscience but it is to be seen whether the prosecution is able to bridge the gap between `may be true' and `must be true' by clear, cogent and unimpeachable evidence before condemned the appellants guilty. The appellants who were placed on trial before learned Special Judge (Fake Currency Notes Cases), Jaipur City, Jaipur were convicted and sentenced as under:- U/s. 302 IPC : Each to suffer life imprisonment and fine of Rs. 2500/-, in default to further suffer six months simple imprisonment. U/s. 394 IPC : Each to suffer rigorous imprisonment for five years and fine of Rs. 1500/-, in default to further suffer three months rigorous imprisonment. U/s. 201 IPC : Each to suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer two months rigorous imprisonment. Substantive sentences were directed to run concurrently.

(2.) THE prosecution case is as under:- On September 03, 1999, Jeewan Singh, Sub Inspector, (PW-1) submitted a written report (Ex. P/2) at Police Station Gandhi Nagar, Jaipur stating therein that he around 2 a. m. while patrolling in the jeep with Constable Mangal Chand reached near Shakti Stambh at Mangal Marg, found one person lying on the road having injuries on the neck, left temporal region and head caused by sharp edged weapon. THE person had already died. A case under Sections 302 and 201 IPC was registered and investigation was taken up. Pocket diary, visiting card and Driving licence got recovered from the clothes worn by the deceased. In course of the investigation it was revealed that name of deceased was Satveer who resided in delhi and serving as driver on Maruti Car No. DL6ce/3962. THE I. O. asked all the nearby police stations to remain alert and got success in nabbing the appellants. Autopsy on the dead body was performed, Maruti Car got recovered, chance finger prints were taken up from the mirrors of the card and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Special Judge (Fake Currency Notes Cases) Jaipur City, Jaipur. Charges under Sections 302, 201 and 394 IPC were framed. THE appellants denied the charges and claimed trial. THE prosecution in support of its case examined as many as 30 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence and examined one witness in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) TO prove the role of the appellant Sandeep, the prosecution relied upon recovery memo (Ex. P/47) of driving licence of deceased Satveer found in the purpose of Sandeep at the time of his arrest. Strangely how the driving licence of deceased Satveer (which had already been recovered from the clothes worn by the deceased vide Ex. P/4 much prior to the arrest of Sandeep) could reach to the purse of appellant Sandeep. The prosecution is not able to explain as to how one driving licence could be found at two places. Recovery of driving license thus cannot be treated as incriminating piece of circumstantial evidence. FINGER PRINTS :