Criminal Appeal No. – 23/2014
RAJASTHAN HIGH COURT
Date of Judgement: 2nd February 2017
Bench: Hon’ble Ajay Rastogi J., Hon’ble Dinesh Chandra Somani J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 27 IEA (How much of information received from accused may be proved)
- Section 313 Cr. P.C. (Power to examine the accused)
Branch: Forensic Physics
Backstory
On 06th November 2011, at around 07:30 A.M., Gopi Singh Rawat, former Sarpanch of Tilora found a dead body on the Kachcha road from Tilora to Dev Nagar. The same was informed to SHO Pushkar telephonically. The police officials visited the crime scene and Gopi Singh Rawat submitted a written report. People started gathering near the spot, one of them identified the dead body as Laxman s/o Ramchandra from Dev Nagar. The FIR 182/2011 was registered at PS, Pushkar District, Ajmer under Section 302 IPC.
The motive of the murder is a money transaction between Laxman (deceased) and accused Mukesh, Suraj Nath, and Kalu Ram. The Kalu Ram (accused) doubted that Laxman was responsible for the murder of Gajraj.
On 06th November 2011, IO found tyre impressions at the crime scene, therefore the moulds of tyre tread impressions were prepared and sealed.
On 07th November 2011, Kalu Ram, Mukesh, and Suraj Nath were arrested. On 12th November 2011, Kalu Ram gave information under Section 27 IEA, regarding the shirt which he was wearing at the time of incident police recovered a blood-stained shirt, an-ax and the motorcycle from Kalu Ram house and seized. On 13th November 2011, Mukesh and Suraj Nath gave information and under Section 27 IEA, regarding the shirt which they were wearing at the time of incident, police recovered a blood-stained shirt from Mukesh and Suraj Nath house and seized it.
The sealed Mould and rear wheel of Kalu Ram motorcycle with tyre, seized shirts of accused, clothes of deceased, samples of blood-stained and control soil lifted from the crime scene, axe were forwarded to Forensic Science Laboratory for examination.
Postmortem Report
On 06th November 2011 at around 11:00 A.M., Dr. Bhagwati Prasad Sharma conducted a post-mortem of Laxman dead body, found multiple incised wounds and opined in the report that the cause of death was a hemorrhagic shock, all the injuries were ante-mortem in nature.
Forensic Report
According to the FSL report, the blood found on articles is of human blood, and the blood found on Suraj Nath’s shirt is blood group “B”. But the bloodstains found on shirts of accused does not lead to any conclusion that the bloodstains were those of the accused. The FSL report tyre tread impressions (mould) is like the tyre tread design and dimensions of the tyre (Kalu Ram motorcycle).
Judgement
The accused was convicted under Section 302 IPC, sentenced for life imprisonment with a fine of Rs. 1,000/-.