Peera Ram vs State (2026:Rj-Jd:13031-Db) on 18 March, 2026

    0
    44
    ADVERTISEMENT

    Rajasthan High Court – Jodhpur

    Peera Ram vs State (2026:Rj-Jd:13031-Db) on 18 March, 2026

    Author: Vinit Kumar Mathur

    Bench: Vinit Kumar Mathur

    [2026:RJ-JD:13031-DB]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
                      D.B. Criminal Appeal No. 660/2016
    
    Peera Ram S/o Sh Ragga Ji, resident of Badruna, Jhab Police
    Station, District Jalore
                                                                          ----Appellant
                                           Versus
    State of the Rajasthan through Public Prosecutor
                                                                        ----Respondent
    
    
    For Appellant(s)             :     Smt. Sumitra Singaria
    For Respondent(s)            :     Mr.Sharvan Singh Rathore,PP
    
    
    
            HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
         HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
    
                                       JUDGMENT
    

    18/03/2026

    1. The present D B Criminal Appeal has been preferred by the

    SPONSORED

    appellant Peera Ram S/o Shri Ragga Ji, under Section 374 Cr.P.C.

    assailing the validity of judgment dated 12.07.2016 passed by

    learned Additional Sessions Judge, Bhinmal, Jalore, (hereinafter

    referred to as “the learned trial court”) in Sessions Case No.

    41/2012, whereby the learned trial court convicted the accused-

    appellant for the offense under Section 302 of the Indian Penal

    Code arising out of FIR No.103/2012.

    2. By the said judgment, the learned trial Court has sentenced

    the accused-appellant to undergo imprisonment for life along with

    a fine of Rs.10,000/-, and in default of payment of fine, to further

    undergo rigorous imprisonment for six months.

    3. Brief facts for deciding the present appeal are that the on

    14.09.2012 at about 8:00 A.M. the complainant-Chatraram (PW-

    06) lodged a written report (Ex. P-11) at Police Station Jhab,

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (2 of 18) [CRLA-660/2016]

    stating therein that on 13.09.2012 his nephew Mangaram after

    taking his meal had gone to sleep in the thatched shed situated in

    his agricultural field. It is alleged that during the night while

    Mangaram was sleeping in a said shed, he was inflicted with

    injuries by a sharp-edged weapon, as a result whereof, he died on

    the spot. The complainant-Chatraram further stated that he

    received information of the incident from Harjiram Kalbi and, upon

    reaching at the place of occurrence, he found the dead body of his

    nephew Mangaram lying there soaked in blood.

    4. On the basis of the said information, a formal FIR No.

    103/2012 (Exhibit P.21) was registered at Police Station, Jhab,

    Jalore against the accused-appellant for the offence under

    Sections 302 IPC.

    5. After completion of investigation, Police filed a charge-sheet

    against the accused-appellant for the offence under Section 302,

    IPC before the court of Judicial Magistrate, Sanchore from where

    the case was committed to the court of learned Additional

    Sessions Judge, Bhinmal, Jalore.

    6. Learned Trial Court framed, read over and explained the

    charges under Section 302 IPC to the accused-appellant, who

    denied the same and sought for trial.

    7. During the trial, the prosecution examined as many as 16

    witnesses and exhibited documentary evidence from Exp. P-1 to

    P-27.

    8. The statement of the accused-appellant was recorded under

    Section 313 Cr.P.C. He denied all incriminating circumstances put

    to him, stating that the prosecution witnesses had deposed falsely

    against him on account of enmity and alleged that his neighbours

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (3 of 18) [CRLA-660/2016]

    intents to encroach upon his land. He further alleged that the

    police has not conducted a fair and proper investigation and that

    he was innocent. He further stated that Smt. Kailash had been

    married with Mangaram and no recovery was effected from

    Mangaram. In defence the accused-appellant examined Mangaram

    as DW-1 and did not lead any documentary evidence.

    9. Learned Trial Court, after hearing the arguments advanced

    on behalf of both sides and upon appreciation of the oral and

    documentary evidence brought on record, convicted and

    sentenced the accused-appellant as aforesaid vide judgment dated

    12.07.2016.

    10. Being aggrieved and dissatisfied with the impugned

    judgment of conviction and sentence dated 12.07.2016, the

    accused-appellant has preferred the present appeal.

    11. Learned counsel for the accused-appellant submits that the

    prosecution case suffers from fundamental infirmities, which strike

    at the very root of its credibility. He further assails the impugned

    judgment dated 12.07.2016 passed by the learned trial court and

    contends that the same is contrary to the facts and circumstances

    of the case as well as the settled principles of criminal

    jurisprudence and, therefore, the same deserves to be quashed

    and set aside.

    12. Learned counsel for the accused-appellant submits that the

    prosecution case rests merely on suspicion arising out of alleged

    bloodstains found on the clothes of the appellant. He submits that

    there is no “last seen” evidence available on record to show that

    the appellant was seen committing the alleged offence. Though

    the prosecution examined as many as sixteen witnesses, none of

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (4 of 18) [CRLA-660/2016]

    them have stated that they had seen the accused-appellant

    inflicting injuries upon the deceased Mangaram. In absence of any

    direct evidence connecting the appellant with the crime, the

    learned trial court has committed an error in recording the

    conviction.

    13. Learned counsel for the accused-appellant further submits

    that PW-3 Chopa Ram, who is the father-in-law of the deceased,

    has clearly stated that he did not see the appellant committing the

    alleged occurrence and has also deposed that the appellant was

    mentally disturbed. He submits that the evidence on record

    indicates that due to his mental condition, the accused-appellant

    had earlier been taken by Amba Ram and other family members

    to Jodhpur for treatment. In this regard, reliance is also placed

    upon the statement of PW-2 Prabhu Ram, who has signed certain

    documents prepared by the police. Learned counsel thus submits

    that despite such material available on record indicating that the

    accused-appellant was mentally disturbed, the learned trial court

    has ignored the said aspect and has wrongly placed reliance upon

    the testimony of PW-14 Harjiram.

    14. Learned counsel for the accused-appellant further submits

    that PW-14 Harjiram in his statement nowhere stated that the

    accused-appellant allegedly killed the deceased during the night.

    He submits that this witness has not seen the accused-appellant

    causing any injury to the deceased and the alleged extra-judicial

    confession made before PW-14 cannot be made the sole basis for

    conviction, particularly when the prosecution evidence itself

    suggests that the accused-appellant was mentally disturbed.

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (5 of 18) [CRLA-660/2016]

    15. Learned counsel for the accused-appellant further submits

    that the accused-appellant has been falsely implicated on the

    basis of alleged recovery of bloodstained clothes and a

    bloodstained axe (kulhari). He submits that such recovery is not

    reliable inasmuch as the articles were allegedly recovered from

    the place of occurrence and not from the possession of the

    accused-appellant. In support of his contentions, he made

    reference to the statements of PW-4 Rana Ram and PW-6

    Chatraram (the complainant). He further submits that the

    investigating agency failed to take fingerprints or footprints from

    the place of occurrence or from the alleged weapon so as to

    connect the accused-appellant with the commission of crime, and

    therefore the prosecution has failed to establish its case beyond

    reasonable doubt.

    16. Learned counsel for the accused-appellant further submits

    that several prosecution witnesses have stated that the appellant

    was mentally disturbed and despite such material on record, no

    proper investigation was conducted with regard to his mental

    condition. It is also argued that the prosecution has failed to

    establish any clear motive of the accused-appellant to commit the

    alleged offence. He additionally places reliance upon the testimony

    of PW-12 Dr. Vibha Ram Choudhary, who has stated that the

    accused-appellant is physically weak and, therefore, would not be

    capable of causing the injuries, which resulted into the death of

    the deceased-Mangaram.

    17. Learned counsel for the accused-appellant submits that out

    of the sixteen witnesses examined by the prosecution, several

    material witnesses including PW-7 Smt. Hallu, PW-9 Bhikha Ram

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (6 of 18) [CRLA-660/2016]

    and PW-11 Smt. Kailash have not supported the prosecution case

    and have been declared hostile. He further submits that even

    some of the other witnesses have not supported the prosecution

    version in material particulars and thus serious doubt is created

    regarding the veracity of the prosecution case. Therefore, he

    submits that the learned trial court has failed to properly

    appreciate these aspects and has erroneously based the conviction

    primarily on the basis of statements of police officials.

    18. On the strength of the aforesaid submissions, learned

    counsel for the accused-appellant submits that the prosecution

    has failed to prove its case beyond reasonable doubt and the

    learned trial court has committed grave error in convicting and

    sentencing the accused-appellant. It is, therefore, prayed that the

    impugned judgment of conviction and sentence dated 12.07.2016

    passed by the learned trial court be set aside and the appellant be

    acquitted of the charges.

    19. Per contra, learned Public Prosecutor has opposed the

    submissions made by the counsel for the appellant and has

    supported the prosecution case set out before the trial court and

    he submits that there is no infirmity in the order passed by the

    learned trial court convicting the accused-appellant under Section

    302 IPC vide judgment dated 12.07.2016.

    20. We have considered the submissions made before this Court

    and have carefully gone through the entire material available on

    record, including the impugned judgment dated 12.07.2016.

    21. We note that the present case admittedly rests upon the

    circumstantial evidence and there is no eyewitness to the

    occurrence. In such cases, it becomes necessary to examine

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (7 of 18) [CRLA-660/2016]

    whether the chain of circumstances relied upon by the prosecution

    is complete or not and whether the same unerringly points out

    guilt towards the accused-appellant. It is well settled that in a

    case based entirely on circumstantial evidence, the circumstances

    from which the conclusion of guilt is to be drawn, must be fully

    established and must form a chain so complete as to leave no

    reasonable ground for a conclusion consistent with the innocence

    of the accused. The proved circumstances must be consistent only

    with the hypothesis of the guilt of the accused and must exclude

    every possible hypothesis except the one sought to be proved, as

    authoritatively laid down by the Hon’ble Supreme Court in Sharad

    Birdhichand Sharda v. State of Maharashtra, reported in

    AIR 1984 SC 1622.

    22. A close scrutiny of the record reveals that the prosecution, in

    order to substantiate its case, examined as many as sixteen

    witnesses. Amongst them, the material witnesses include

    Chatararam (PW-6), the complainant and brother of the accused;

    Choparam (PW-3), the father-in-law of the deceased; Ranaram

    (PW-4), an independent witness; Harjiram (PW-14), a

    neighbouring witness; and Dr. Vibharam Chaudhary (PW-12), who

    proved the medical evidence. The investigation was conducted by

    Hariram (PW-16), the Investigating Officer. It is true that some of

    the family members of the accused and the deceased, namely

    Smt. Haludevi (PW-7), Bhikharam (PW-9) and Smt. Kailash (PW-

    11), did not fully support the prosecution case and were declared

    hostile; however, it is well settled that the testimony of a hostile

    witness is not to be discarded in toto and that portion of the

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (8 of 18) [CRLA-660/2016]

    evidence, which is found to be reliable can certainly be taken into

    consideration.

    23. The testimony of the complainant Chatararam (PW-6), who is

    the brother of the accused, assumes relevance in the present

    case. He stated that upon returning home in the morning he found

    the deceased Mangaram lying dead near the thatched shed in the

    field and noticed that the accused Peeraram was present there

    with bloodstains on his clothes, which was later seized by police

    vide seizure memo Ex.P-09. Although this witness admitted that

    he had not personally seen the occurrence, his testimony

    regarding the condition in which the accused was found

    immediately after the incident has remained unshaken during

    cross-examination. Being the real brother of the accused, it

    appears highly improbable that the witness would falsely implicate

    the accused in such a grave offence, particularly when nothing has

    been brought on record to indicate any motive for false

    implication.

    24. The prosecution has also relied upon the testimony of

    Choparam (PW-3), the father-in-law of the deceased, who stated

    that when he reached the place of occurrence he found the dead

    body of Mangaram lying there with injuries and the accused

    Peeraram sitting nearby. According to PW-3, when he questioned

    the accused, the latter disclosed that he had asked Mangaram for

    money and upon refusal, he had killed him with an axe during the

    night. The presence of injuries on the body of the deceased was

    subsequently confirmed by the post-mortem report Ex.P-17

    proved by PW-12. At this stage, it is also necessary to observe

    that merely because some of the witnesses are related to the

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (9 of 18) [CRLA-660/2016]

    accused or the deceased, their testimony cannot be discarded on

    that ground alone. It is well settled that relationship by itself is not

    a factor to affect the credibility of a witness. What is required is

    careful scrutiny of such evidence.

    25. Dr. Vibharam Chaudhary (PW-12), who conducted the post-

    mortem examination on the body of the deceased Mangaram, has

    proved the post-mortem report (Ex.P-17) and categorically

    deposed that the deceased had sustained multiple incised injuries

    on vital parts of the body. As per the post-mortem report, the

    following injuries were noticed on the body of the deceased:

    (i) A sharp-edged wound measuring 10 cm × 1 cm present on the

    right side of the head, containing brain tissue and blood clots.

    (ii) A sharp-edged wound measuring 3 cm × 5 cm present on the

    head extending towards the right ear.

    (iii) An incised wound extending from one ear to the other across

    the posterior aspect of the head.

    (iv) An incised wound on the right side of the neck measuring

    about 10 cm in depth up to the bone, whereby all the vessels of

    the neck on the right side were found to be cut.

    The doctor (PW-12) further opined that all the injuries were

    ante-mortem in nature and were caused by a sharp-edged

    weapon and that the injuries on the head and neck were sufficient

    in the ordinary course of nature to cause death. The cause of

    death as mentioned in Post-mortem report Ex.P-17 was opined to

    be excessive hemorrhage and shock resulting from the said

    injuries. The time of death was assessed to be approximately 6 to

    18 hours prior to the post-mortem examination. Nothing material

    could be elicited in the cross-examination of this witness so as to

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (10 of 18) [CRLA-660/2016]

    discredit his testimony. Thus, the medical evidence conclusively

    establishes that the death of Mangaram was homicidal in nature.

    26. Similar evidence has been given by the neighbouring witness

    Harjiram (PW-14). He categorically deposed that upon hearing

    sounds of weeping from the field/dhani of the accused, he went

    there and saw the dead body of Mangaram lying on a cot with

    blood on the ground and the accused sitting at a short distance

    away wearing bloodstained clothes which were later seized vide

    seizure memo Ex.P-9. When he asked the accused about the

    incident, the accused stated that Mangaram (son of the accused)

    intended to assert the ownership over the house had refused to

    give him money for purchasing doda and other items and

    therefore he had killed him with an axe during the night. The

    testimony of this witness has remained intact during cross-

    examination and nothing has been brought on record to suggest

    that he had any animosity against the accused.

    27. The evidence relating to the extra-judicial confession made by

    the accused before the above witnesses appears to be natural and

    trustworthy. Both these witnesses (PW-3 and PW-14) were

    persons known to the accused and were not shown to be inimical

    to him in any manner. The defence has not been able to

    demonstrate any reason as to why these witnesses would falsely

    attribute such a confession to the accused. The learned trial court

    while dealing with this aspect of the matter, has rightly placed

    reliance upon the settled principle governing extra-judicial

    confession as laid down in in the judgement of Bhagwan Dass Vs.

    State (NCT) of Delhi reported in AIR 2011 SC 1863, wherein it has

    been observed that:

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (11 of 18) [CRLA-660/2016]

    “In our opinion the statement of the accused to his
    mother Smt. Dhillo Devi is an extra judicial confession. In
    a very recent case this Court in Kulvinder Singh and Anr.
    v. State of Haryana Criminal Appeal No. 916 of 2005
    decided on 11.4.2011 referred to the earlier decision of
    this Court in State of Rajasthan v. Raja Ram
    MANU/SC/0595/2003 : (2003) 8 SCC 180, where it was
    held (vide para 10):

    “An extra-judicial confession, if voluntary and
    true and made in a fit state of mind, can be
    relied upon by the court. The confession will
    have to be proved like any other fact. The
    value of the evidence as to confession, like
    any other evidence, depends upon the
    veracity of the witness to whom it has been
    made. The value of the evidence as to the
    confession depends on the reliability of the
    witness who gives the evidence. It is not open
    to any court to start with a presumption that
    extra-judicial confession is a weak type of
    evidence. It would depend on the nature of
    the circumstances, the time when the
    confession was made and the credibility of the
    witnesses who speak to such a confession.
    Such a confession can be relied upon and
    conviction can be founded thereon if the
    evidence about the confession comes from the
    mouth of witnesses who appear to be
    unbiased, not even remotely inimical to the
    accused, and in respect of whom nothing is
    brought out which may tend to indicate that
    he may have a motive of attributing an
    untruthful statement to the accused, the
    words spoken to by the witness are clear,
    unambiguous and unmistakably convey that
    the accused is the perpetrator of the crime
    and nothing is omitted by the witness which
    may militate against it. After subjecting the
    evidence of the witness to a rigorous test on
    the touch-stone of credibility, the extra-
    judicial confession can be accepted and can be
    the basis of a conviction if it passes the test of
    credibility.””

    The learned trial court, after referring to the aforesaid legal

    position, has found the extra-judicial confession made by the

    accused before PW-3 Choparam and PW-14 Harjiram to be

    voluntary and reliable. It is well settled that an extra-judicial

    confession, if found to be voluntary, truthful and made in a fit

    state of mind, can form the basis of conviction. In the present

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (12 of 18) [CRLA-660/2016]

    case, the extra-judicial confession made by the accused stands

    duly corroborated by other circumstances appearing on record.

    28. Apart from the above evidence, the prosecution has also

    established the recovery of the weapon of offence and the

    bloodstained clothes at the instance of the accused. The

    Investigating Officer Hariram (PW-16) has categorically deposed

    that pursuant to the information furnished by the accused under

    Section 27 of the Indian Evidence Act, the axe used in the

    commission of the offence was recovered from the room of the

    accused and seized vide memo Ex.P-8. Similarly, the vest and

    dhoti worn by the accused at the time of the incident were also

    produced by him and seized vide memo Ex.P-9. The prosecution

    has been able to establish that these articles were duly sealed at

    the time of seizure and were subsequently sent to the Forensic

    Science Laboratory through forwarding letter Ex.P-26. The FSL

    report (Ex.P-27) confirms the presence of human blood of group

    ‘B’ on the axe as well as on the clothes of the accused. The

    accused has failed to offer any explanation whatsoever as to how

    the blood of the deceased came to be present on these articles.

    29. Another important circumstance emerging from the evidence

    is that the accused and the deceased were residing in the same

    house and the deceased was sleeping in the shed situated in the

    field adjacent to the house. The evidence on record, more

    particularly the evidence of PW-6 Chatararam and PW-14 Harjiram

    clearly suggest that apart from the family members, no other

    person was present at the place of the occurrence. In such

    circumstances, when the death of the deceased has been proved

    to be homicidal, and the accused was found present at the place

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (13 of 18) [CRLA-660/2016]

    of occurrence wearing bloodstained clothes, the burden shifted

    upon the accused to offer a plausible explanation regarding the

    occurrence. The accused was expected to furnish a plausible

    explanation as to how the deceased sustained fatal injuries.

    However, in his statement recorded under Section 313 Cr.P.C., the

    accused has failed to offer any explanation whatsoever regarding

    the circumstances in which the deceased sustained the fatal

    injuries. In such cases, the principle embodied in Section 106 of

    the Indian Evidence Act becomes applicable, inasmuch as the facts

    relating to the occurrence were especially within the knowledge of

    the accused. His failure to offer any explanation regarding these

    incriminating circumstances provides an additional link in the

    chain of circumstances.

    30. It is well settled that the failure of the accused to offer an

    explanation in his statement under Section 313 Cr.P.C. cannot by

    itself form the sole basis of conviction; nevertheless, when the

    prosecution has succeeded in establishing incriminating

    circumstances against the accused, his failure to offer any

    plausible explanation regarding such circumstances provides an

    additional link in the chain of circumstances.

    31. It is also significant to note that the occurrence took place in

    the field/dhani of the accused where the deceased was sleeping

    during the night. The evidence on record clearly establishes that

    the accused was present at the place of occurrence immediately

    after the incident and was found wearing bloodstained clothes. No

    evidence has been brought on record to indicate the presence of

    any outsider at the place of occurrence. In such circumstances,

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (14 of 18) [CRLA-660/2016]

    the possibility of any third person committing the offence appears

    to be wholly remote.

    32. Another important circumstance which lends assurance to the

    prosecution case is the existence of motive. From the evidence

    available on record, it stands established that the accused was

    addicted to consumption of doda-post and liquor and frequently

    demanding money from his son Mangaram for satisfying his

    addiction. The witnesses Choparam (PW-3), Ranaram (PW-4),

    Chatararam (PW-6) and Hariram (PW-16) have all stated that the

    accused used to consume doda-post and often quarreled with the

    deceased over money. The Investigating Officer Hariram (PW-16)

    has also deposed that during the course of investigation it

    transpired that the deceased Mangaram used to object to the

    conduct of the accused in squandering money on intoxicants and

    this often led to disputes between them. Thus, the prosecution

    has been able to establish that there existed a motive for the

    accused to commit the crime. It is trite law that motive assumes

    significance particularly in cases based on circumstantial evidence;

    however, even otherwise, absence of strong motive would not by

    itself be fatal if the chain of circumstances is otherwise complete.

    33. The conduct of the accused immediately after the occurrence

    is also a circumstance which cannot be ignored. The evidence of

    Harjiram (PW-14) and Chatararam (PW-6) clearly indicates that

    when the witnesses reached the place of occurrence, the accused

    was present there with bloodstains on his clothes. Significantly,

    despite the fact that the deceased was his own son, the accused

    neither informed the police nor made any effort to report the

    incident to the authorities. The normal human conduct in such

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (15 of 18) [CRLA-660/2016]

    circumstances would have been to immediately report the

    occurrence. The failure of the accused to do so and his presence

    at the place of occurrence with bloodstained clothes constitute a

    strong incriminating circumstance against him.

    34. Learned counsel of the accused- appellant sought to suggest

    that the accused had been falsely implicated due to enmity and

    that the neighbours intended to encroach upon his land. However,

    this plea appears to be wholly unfounded. The defence has not

    been able to place any material on record to substantiate the

    alleged dispute regarding land. Even during the cross-examination

    of the prosecution witnesses including PW-14 Harjiram and PW-6

    Chatararam, no suggestion was put to them establishing the

    existence of any such dispute. The independent witness Harjiram

    (PW-14), who is a neighbour of the accused, was not confronted

    with any suggestion regarding land encroachment. In these

    circumstances, the explanation offered by the accused appears to

    be a mere bald assertion without any factual foundation.

    35. Learned counsel for the appellant laid emphasis on the plea

    that the accused was mentally disturbed. However, the evidence

    on record does not substantiate such a plea. None of the

    witnesses have stated that the accused was suffering from any

    such mental illness which rendered him incapable of

    understanding the nature of his acts. No medical record or

    prescription was produced by the defence to establish that the

    accused was undergoing treatment for insanity. Even the defence

    witness Maganaram (DW-1) did not depose that the accused was

    insane at the time of the incident. In absence of any cogent

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (16 of 18) [CRLA-660/2016]

    evidence, the plea of unsoundness of mind taken by the defence

    cannot be accepted.

    36. The testimony of Harjiram (PW-14) and Choparam PW-3

    regarding the extra-judicial confession made by the accused has

    been carefully examined by this Court. It is true that an extra-

    judicial confession, by itself, is generally regarded as a weak piece

    of evidence; however, when such confession is found to be

    voluntary and is duly corroborated by other reliable circumstances

    on record, it can safely be relied upon. In the present case, the

    extra-judicial confession attributed to the accused by PW-14

    Harjiram and PW-3 Choparam stands substantially corroborated by

    the recovery of the weapon of offence i.e. kulhari at the instance

    of the accused vide recovery memo (Ex.P-8), the seizure of

    bloodstained clothes of the accused vide seizure memo (Ex.P-9),

    the report of the Forensic Science Laboratory (Ex.P-27), the

    evidence of PW-6 Chhatara Ram and the medical evidence proved

    by Dr. Vibharam Chaudhary (PW-12) through the post-mortem

    report (Ex.P-17), which clearly establishes that the deceased

    Mangaram died due to injuries caused by a sharp-edged weapon.

    Moreover, the accused has failed to offer any plausible explanation

    in his statement recorded under Section 313 Cr.P.C. regarding the

    incriminating circumstances appearing against him.

    37. On a careful and cumulative evaluation of the entire evidence

    available on record, this Court finds that the prosecution has

    successfully established all the incriminating circumstances

    forming a complete chain pointing towards the guilt of the

    accused. The homicidal death of the deceased stands conclusively

    proved by the medical evidence of Dr. Vibharam Chaudhary (PW-

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (17 of 18) [CRLA-660/2016]

    12) and the post-mortem report (Ex.P-17); the presence of the

    accused-appellant at the place of occurrence with bloodstained

    clothes has been duly proved by the testimony of Harjiram (PW-

    14) and Chatararam (PW-6); the extra-judicial confession made

    by the accused before PW-3 Choparam and PW-14 Harjiram

    stands corroborated by independent circumstances including the

    recovery of the weapon of offence (kulhari) vide memo Ex.P-8, the

    seizure of bloodstained clothes of the accused vide memo Ex.P-9,

    and the report of the Forensic Science Laboratory (Ex.P-27)

    confirming the presence of human blood on the recovered articles.

    The existence of motive arising out of frequent disputes regarding

    money for intoxicants as deposed by PW-3 Choparam, PW-4

    Ranaram and PW-6 Chatararam further lends assurance to the

    prosecution case. Significantly, the accused has failed to offer any

    plausible explanation in his statement recorded under Section 313

    Cr.P.C. regarding these incriminating circumstances which were

    especially within his knowledge. The cumulative effect of these

    circumstances is such that they form a complete and unbroken

    chain which is consistent only with the guilt of the accused and is

    wholly inconsistent with any reasonable hypothesis of innocence.

    38. We are, therefore, of the considered view that the learned

    trial court has rightly appreciated the evidence on record and has

    correctly concluded that the prosecution has proved the charge

    against the accused beyond reasonable doubt.

    39. The findings recorded by the learned trial court do not suffer

    from any perversity, illegality or mis-appreciation of evidence

    warranting interference by this Court in appellate jurisdiction.

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)
    [2026:RJ-JD:13031-DB] (18 of 18) [CRLA-660/2016]

    40. Consequently, the present criminal appeal fails and is hereby

    dismissed. The judgment of conviction and order of sentence

    dated 12.07.2016 passed by the learned trial court, whereby the

    accused-appellant has been convicted for the offence under

    Section 302 of the Indian Penal Code and sentenced accordingly,

    are affirmed and upheld.

    41. The accused-appellant is presently in custody. He shall

    continue to undergo the sentence awarded to him by the learned

    trial court.

    42. The record of the trial court be sent back forthwith along with

    a copy of this judgment for information and necessary compliance.

    (CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J

    4-Vaibhav/cpgoyal/-

    (Uploaded on 25/03/2026 at 12:27:07 PM)
    (Downloaded on 27/03/2026 at 09:38:49 PM)

    Powered by TCPDF (www.tcpdf.org)



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here