LEELA RAM AND ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SECTION 27 of the Indian Evidence Act, 1872 represents loosely what is known as the 'doctrine of Confirmation by subsequent fact'. It seems to be based on the view that if a fact is actually discovered in consequence of information given, some guarantee is afforded thereby that the information was true and accordingly can be safely allowed to be given in evidence. Santosh, Leela Ram, and Ashok, the appellants herein, were subjected to the said doctrine after about nine months of the incident of murder of Vishnu, son of an Advocate. They were put to trial before learned additional Sessions Judge Kotputli District jaipur, who vide judgment dated August 6, 2002 convicted and sentenced each of them as under :-Under S. 302/34, I. P. C. Each to suffer imprisonment for life and fine of Rs. 1,000/- in default to further suffer six months simple imprisonment. Under S. 392, I. P. C. Each to suffer rigorous imprisonment for ten years and fine of Rs. 500/- in default to further suffer three months simple imprisonment. Under S. 460,i. P. C. Each to suffer rigorous imprisonment for ten years and fine of Rs. 500/- in default to further suffer simple imprisonment for three months. Substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on June 17, 1999 at 1. 30 a. m. informant Mahendra kumar Rai (PW 5) handed over a written report (Ex. P-8) to ASI Ranmal at BDM Hospital Kotputli to the effect that while his son vishnu was sleeping in the chowk of his house, some unknown assailants scaled the wall of his house and caused injuries to vishnu with sharp edged weapon. On hearing voice of Vishnu, informant and his family members came out of their rooms and saw Vishnu" lying injured; Vishnu was removed to the Hospital where he was declared dead. On that report a case bearing No. 418/ 99 under Section 302/34, I. P. C. was registered at police Station Kotputli arid investigation commenced. Autopsy on the dead body was performed, site was inspected, blood stained earth, blood stained clothes and handkerchief of deceased got seized. Chance foot impression moulds got lifted from the crime scene and statements of witnesses under Section 161, Cr. P. C. got recorded. The assailants, however could not be nabbed for a long time. It was on March 3, 2000 that Ashok Kumar, Leela Ram and santosh, who were the accused and already in the custody of Police Station Kotputli in case No. 31/2000 under Sections 457/380, i. P. C. , also found involved in the murder of vishnu and got arrested on March 3, 2000 in case No. 418/99 under Section 302,1. P. C. The police on the basis of their disclosure statements, got recovered wrist watch, chain, purse, identity card, blood stained clothes, knives and motor cycle. Thereafter charge sheet was filed and in due course the case came up for trial before the learned additional Sessions Judge Kotputli District jaipur. Charges under Sections 302 alternatively 302/34, 392 and 460, I. P. C. were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 20 witnesses. In the explanation under sec. 313, Cr. P. C. , the accused claimed innocence. Three witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced accused as indicated hereinabove. We have given our thoughtful consideration to the submissions advanced before us and gave a close look to the material on record.

(3.) IN the absence of any eye witness to prove its case the prosecution relied upon the following circumstances to connect the appellants with the offence alleged against them:-