STATE OF RAJASTHAN Vs. BABU

JUDGEMENT

(1.) BY his judgment dated April 3, 1984 the learned Additional Sessions Judge, Sirohi acquitted accused Babu of the offences punishable under sections 302 and 404, I. P. C. The State, by leave, has comp-up in appeal and challenges the acquittal.

(2.) THE prosecution case is short an,d simple. On August 28, 1982, Bhuda Ram Rebari, a young boy of 15 years, took his live-stock for grazing in the jungle in the Mauja Derna. He was wearing gold Murkiyan (Article 2), silver Mathlies (Article 3) and silver Bedi (Article 4) when he left the house. PW 2 Dalla. aged about 20 years and PW 3 Ratna, aged about 14 years, also residents of Derna, took their cattle for grazing in the same jungle. In the noon, one unknown person (later on identified as the accused Babu) came to PW 2 Dalla and asked him to give Roti (loef) to him. PW; 2 Dalla did not oblige him. That man then went to Bhuda Rata, who was nearly 50 paces away from PW 2 Dalla. PW 2 Dalla took his cattle behind the hill. After sometime, PW 3 Ratna, who was in the same jungle, saw Bhuda Ram lying dead on the bank of a pond situate nearby. THEre was a wound on the neck of Bhuda Ram and blood was cozing out from it. Ratna went running to PW 2 Dalla and apprised him of the Bhuda Ram's dead body lying on the bank of the pond. Dalla went alongwith Ratna where the dead body of Bhuda Ram was lying. Dalla remained standing near the dead body and sent Ratna to the village to inform the villagers. Ratna went to the village and informed PW 5 Dewaram about the Bhuda Ram's dead body lying on the bank of the Pond PW. 5 Dewa Ram and some other persons came to the spot. PW 2 Dalla told them what had taken place on that day. Dewa, Ram went la Police Station, Abu Road and verbally lodged report EX. P. 13 at about 3. 00 p. m. on the same day. THE police registered a case under section 302 and 397, I. P. C. THE investigation ensued. PW 9 Bhanwar Singh, Assistant Sub-Inspector of Police,, arrived on the spot on the same day and inspected the site. He prepared the inquest report of the victim's dead body. THE autopsy on the victim's dead body, was conducted at about 5. 00 p. m. on the same day by PW 12 Dr. Bansal the then Medical Officer Incharge, Primary Health Centre, Abu Road. THE,doctor noticed the following injuries on the victim's dead body:-, External :- (1) 3" X 3/4" x 2-1/2 on left side of neck lateroposteriorly, cutting to skin muscles, Vains, nerves, spina cord, 3rd cervical spine and artery, oblique in direction, ante mortem in nature. Internal - (1) Vertebrae in 3rd cervical vertebra was fractured. Spinal cord at this level was cut. (2) Neck cut on the left side jugular vein and vertebral artery. THE doctor was of the opinion that the death has taken place due to shock and haemorrhage caused by survical spinal injuries. THE post-mortem report prepared by him is EX. P. 23. THE accused was arrested on August 30, 1982 and in consequence of the disclosure statements made by him, the gold and silver ornaments, which the deceased was waring at the time of his murder and an axe were recovered. THE blood-stained clothes of the victim were also seized and sealed. In the test-identification conducted during investigation, the recovered ornaments were correctly identified by the victim's father Bheema (PW 4 ). THE accused was correctly identified by Dalla (PW 2) as the man who had come to him on the day of incident. On the completion of investigation, the police submitted a challan against the accused in the Court of Munsif & Judicial Magistrate, Abo Road, who, in his turn, committed the case for trial to the Court of Sessions. THE learned Additional Sessions Judge framed charges under sections 302 and 404, I. P. C. against the accused, to which he pleaded not guilty and faced the trial. He denied to have given any information, to the police leading to the discoveries of the ornaments and the axe. In support of its case, the prosecution examined 14 witnesses and filed some documents. In defence, no evidence was adduced. On the conclusion of the trial, the learned Sessions Judge found no incriminating evidence to connect the accused with the murder of Bhuda Ram. He disbelieved the identification evidence and also the evidence relating to the discoveries of the axe and the ornaments. THE accused was consequently acquitted of the offences he was charged with. Aggrieved against the verdict of acquittal, the State has taken this appeal.

(3.) THERE is yet another circumstance speaking against the prosecution. The accused was lodged in judicial lock-up on September 3, 1982 and the test identification was conducted on September 14, 1982 i. e. nearly after ten days. No reasons have been subscribed for this late identification. Since the test identification parade plays a significant role in assessing the guilt of the accused, it should be held soon after the arrest of the suspect. If the delay is there, there should be a sound and convincing reasons to explain it. The delayed identification is always looked with suspicion. The late identification provides material to the accused to contend that the delay was intentional so as to show him to the witnesses.