SATYANARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by the accused appellants for assailing the judgment dtd. 8/6/2015 passed by the learned Additional Sessions Judge, Banswara in Sessions Case No. 40/2011 whereby, they have been convicted and sentenced as below:

(2.) Brief facts relevant and essential for disposal of the instant appeal are that the appellant Satyanarain S/o Ramlal Patel gave an oral information (Ex.P49) at MGH Banswara on 7/1/2009 at 8.30 PM wherein, he alleged that he and his wife Nirmala were proceeding from Ratlam to Banswara on their motorcycle. They had reached just ahead of Chhoti Sarwan at about 6.30 PM in the evening. He felt nature's call upon which, he parked the motorcycle on the road and went off the road to ease himself. The driver of a truck No. RJ06.GG2714 drove his truck in a very rash and negligent manner and at a high speed towards the spot where the motorcycle was parked and where Nirmala was standing and collided his truck with the motorcycle and Nirmala, due to which, she expired at the spot. On the basis of this report, an F.I.R. No. 5/2009 (Ex.P50) was registered at the Police Station Danpur for the offences under Ss. 279 and 304A I.P.C. and investigation commenced. Nirmala's body was subjected to postmortem and the site was inspected. Both the vehicles involved in the accident i.e. the truck as well as the motorcycle were seized/detained. During the course of investigation, Nirmala's father Shri Rajmal submitted a written complaint (Ex.D3) to the District Superintendent of Police, Banswara stating inter-alia that Satyanarain had hatched a conspiracy and had murdered Nirmala while giving the incident the shape of an accident. Even before lodging the said complaint, Rajmal had earlier appeared at the Police Station and had raised a suspicion regarding the accidental death of Nirmala. Rajmal alleged in the complaint that Nirmala's son Manoj had been killed in an accident in the year 2005. The person responsible for causing the accident was a driver named Kalu Ram known to Satyanarain. Satyanarain collected the insurance claim amount to the tune of Rs.20.00 lacs upon the death of Manoj.

(3.) On this complaint, the investigation changed direction and the call details of the phones held by Satyanarain, Nanak Ram (the driver of the offending truck) and Kalu Ram, the person responsible for causing the collision leading to the death of Manoj were procured. The statements of Nirmala's brother Manohar Lal, mother Smt.Dakha Bai and sister Smt.Lata were recorded. Documents pertaining to the charge-sheet filed in the case of accidental death of Manoj were procured from the P.S. Kotwali, Banswara. The documents pertaining to the insurance claim filed after the death of Manoj were procured from the LIC Office, Banswara as per which, a total sum of Rs.20,88,925.00 was reimbursed to Satyanarain upon the death. The judgment in the case of MAC No. 424/06 was also taken on record as per which, a total sum of Rs.3,99,000.00 was awarded to Satyanarain by way of compensation upon the death of Manoj. The Investigating Officer conducted thorough investigation and found that in the said incident, the offending vehicle was being driven by Kalu Ram, who was closely associated with Nanak Ram, the driver of the truck involved in the death of Nirmala. Kalu Ram was employed as the driver of Satyanarain. The mobile call details were analyzed and it was found that in the month preceding the incident, large number of calls were exchanged between Satyanarain and Kalu Ram. Likewise, Kalu Ram and Nanak Ram were in touch with each other through mobile calls during this period. All three i.e. Satyanarain, Nanak Ram and Kalu Ram were in regular contact with each other through mobile calls on the day of the incident i.e. 7/1/2009. Just 15 minutes before the incident, the mobile phones of all three were in close proximity as per the mobile tower locations. All the three suspects were summoned by the S.H.O. P.S. Danpur for interrogation, but they avoided to appear before him. When Satyanarain felt the noose tightening on himself, he tried for settlement and exoneration and confessed about the crime before his own relatives Suresh Chandra and Sanjay Kumar and thereafter, he sent them to the complainant party with the prayer that Rajmal should be advised to bury the hatchet and settle the matter. Sanjay Kumar and Suresh Chandra told Manohar Lal, brother of the deceased of this proposal. On this, Manohar Lal approached the Investigating Officer and divulged these facts to him. Manohar Lal's subsequent statement was recorded by the Investigating Officer. The statements of Suresh Chandra and Sanjay Kumar were also got recorded under Sec. 161 and 164 Cr.P.C. wherein, both the persons stated that Satyanarain met them at Banswara and confessed before them that he had conspired with Kalu Ram and driver Nanak Ram to have Nirmala eliminated by the vehicular collision so that the incident could be given the shape of an accident. He requested Suresh Chandra and Sanjay Kumar to talk to his in-laws for a compromise and get him out of trouble. On the basis of the mobile call details and the statements of Suresh Chandra and Sanjay Kumar, the offences under Ss. 302, 201 and 120B I.P.C. were added to the case and those under Ss. 279 and 304A I.P.C. were removed. Satyanarain, Nanak Ram and Kalu Ram were arrested vide arrest memos Ex.P3, Ex.P2 and Ex.P1 respectively. Upon being interrogated, they confessed to have committed the offence. The mobile phones and the sims used by these accused for conferring/conspiring with each other were recovered and seized. Satyanarain was subjected to stringent interrogation regarding the insurance policies of Nirmala, on which, he divulged that he had taken five insurance policies in her name from the following companies: