Court in Harbeer Singh v. Sheespal And Others wi,h State of Rajashthan vs Sheeshpal And Othersr. The said jurlgrtr

Counsel for the Appellant: Sri T.S. Anirudh Reddy Counsel forthe Respondent: Sri Arun Kumar Dodla, Additional Public Prosecutor The Court delivered the following: JUDGMENT THE TIONOURABLE SRI JUSTICE K.SUREI\IDER AND THE HONCIURABLE SRI JUSTICE E.V.VENU(}OPAL CRIMINAL APPEAL No.I 514 0F 2018 JUDGMENTi (1 cr Ikn'ble Sri Justice K.surender) 1. The r\u1rcrL1 is filed by the appellant/accused, agg:-ieved by the judgrerrt i rted 14.O2.2OIB, in S.C.No.2O9 of 20 t(i, on the fi1e of Metrop,rlitarn Sessions Judge, HyderabaC, ,l.he z.ppellant was convi.:tr:rl frtr the offence punishable undr:r Secti,r:-t 3O2 of IPC and sr:n[er.r ed to undergo life imprisonmerrt.

2. Heard lr,'ru-ned senior counsel for the appe_1anr_ and Sri Arun Ku,a- I),dla, learned Additional public p-osr.cutor for responden t - ii ta t rl .

3. Accor-cl Ln5 -o the case of the prosecution, p.W. I a nd p.W.2 are the husl,ar c and son respectively, of Sontr Ba i (d e:eased). On 07.O7 .2:O 1!l rround Z a.m., while p.W. 1 was on his l>ed and the decease<l rr:rs sweeping the courtyard of the ]rr,use, the appellant carn(3 there and stabbed her repeaterlly lvitt ,r knife. P .W .2, who rs _l Le son of the deceased, went and sorr ght the help of P. \V I .3 . P. W. 13 went to the scene ancl fo und the appeilant stabrb r'.g the deceased. On seeing hirn, tl-re zrppellant tried to rL n a ^'av. p. W. 1 3 chased the appellant l rd the appellant \r'asi ,lr lght around 7:15 a.m. by p.W.16. Arx:ording 2 to P.W. 16, around 7:15 a.rn., he found the appellant with a knife, being chased by P.W. 13. P.W.16 stopped the appellant and instructed him to keep the knife aside. P'W'13 informed P.W. 16 that the appellant had killed a woman with a knife at Putli Bowli.

4. P.W.15 is the police constable, and on receiving the information though VHF set from the interceptor vehicle, he immediately went to the place where P'W'16 was present and found the appellant holding a knife with blood stains on his clothes, and a cut injury on his left hand index finger' The appellant was handed over by the interceptor vehicle to P'W' 15 and P.W.15 took the accused into custody along with the knife' Firstly, he was taken to Osmania General Hospital for treatment and then he was taken to the Police Station'

5. P.W.8 is the Inspector of Police' On receiving information' he went to the scene of offence ' The appellant was apprehended along with M.O.11/Jambia, the weapon used to assault the deceased. At the scene, P'W'B collected material objects and also recorded the statements of the witnesses' At the Police Station, during interrogation, the confession was recorded and M.O. i l/Jambia (knife) was seized, along with J bloodstai ted ruearing apparel of the acctrsed/M Cr.12 and M.O.13

6. The ,:1e t:cased's body was sent to Osmanirr General Hospital, s,ltel.c rnquest proceedings were concluc ecl. ,Ihe was then scn t l'or postmortem examination. p.\\l .5 i s the post mortem Dor'to - and he found the following injuries:- "1. Crt i;:jury 3x1.5 cm x muscle deep in fr(,nr- )l the right .-a r. 2. TLrrc abrasions 1x1 cm, lxlcms, 1x0.S cnrs on right sirle lorver part of cheek on mandibular .jrea 3. Altrasir r lx0.5 cms on lower part of right side of neck. 4. Cr-r- in.jrLry 3x1cm x skin deep on outer aspr:cl of left forehr,atl r bliquely placed. 5. Cu, injrny 2xO.5 cms x cartilage deep on or-rter part of left eiLr- lobule. 6. Abrasiou l.5x0.5cms on right cheek. 7. Cut inj.,rry 7x3 cms x oesophagus deep on lower part of r:|Ljn on left side of madibular area arrd t,elow the chin nr a dibular area-it cuts the left side mr_tscl er; of the necl :r -ril then cuts the trachea and oesop|agr rs; at their tLp :e;' part and then touches the superior pe r: of third €rn( fourth cervical vertebrae rvith :he surrounrlir g contusion and left side bloo<l ve sse s of neck c r-rt o1[ 4 B. Cut injury 2xlcm x subcutaneous tissue deep over middle part of the right colar bone area. 9. Cut injury 6x3cms x bone deep on inner aspect of right shoulder and arm. It cuts the outer 3'd of right colar bone. 10. Contusion 3x2 cms on front of right side upper chest. 11. Stab wound 5x1cmx4cm muscle deep outer aspect and front of right side of lower chest 8cms below the breast outer end acute and inner end rounded. 12. Stab wound 5x2x2crn muscle deep on outer aspect on front of right side of upper abdomen 13 cms below the breast-obliquely placed, outer end is acute and inner end is rounded. 13. Stab wound obliquely placed 5x1x2cms muscle deep on front of right side abdomen lcms below the 1,2th rib, outer end acute and lower end rounded. 14. Contusion 4x2cms on left inguinal area. 15. Cut injury 11x6cmsx4cms muscle deep on outer aspect of upper and middle part of right arm obliquely placed. 16. Cut injury 9x2cms x-subcutaneous tissue deep on outer aspect of front of lower one third of right fore arm. 17. Abrasion 1x2 cms on front of right wrist. 18. Contusion 4x3cms on palmar aspect of thenar eminence of right hand. )

19. (lut in.jury 5x2cms x muscle deep on front o[ left should:r. 20. Out i-riury 3x2x1cm muscle deep on ouler rrsipect of lo'"'re r tlrrrd of left arm above the elbow joinr. 21. C'.rt'. irL.1 ury 9x3x2cms muscle deep on frort ilncl out aspect of :rLiddle third of left forearm. 22. C,u,- inlury 3x2x2 cms muscle deep cn out ir.spect and fron1, of left fore arm 4 cms above the vgrir;t -1oirLt. 23. Cut injury 8x2x2cms muscle deep on ltacl.: and middte th rd of and iower third of left fore arnr. 24. T'ottr < ut injuries 1x0.Scms, 2x1cms, 2x0. _<:ms, 4x1crn x skin deep on front of left wrist. 25. Cut..Lri.jury 4x1.5cms in between first anC sr:conc1 meta(ra :p,i tl bones of left hand. 26. Cut lzicreration Sx2cms x muscle deelt orL be ck of left har d over third, fourth and fifth metaca-pal itrea with 1iactule of upper end of fifth metacarpal ron :. 27. J'hree cut injuries 4x1cms, 2x0. l cmr; x l;kin deep ,rn frmt of right thigh and 6x1cms x sl<ir de,rp on right :h gl-. 28. Trvo cr1l1 injuries 2x0.1 cms, 2x0.1 cms x skin deep on fronl c,1 the right knee. 29. Ci in jury 3xlxlcms muscle deep on outer a.;1rect of upl)el t I rird of right leg Bcms below the knee . 30. Cu1 in jury 5x2xcs x3cms muscle deep or left butto<:k 6 3i. Cut injury 5x3x3cms muscle deep on back of left thigh 6cms below the injury No.3O. A11 above injuries are red and fresh. 32. On reflection of scalp contusion 2x2ctns on left frontal, 3x2cms on right frontal area of head."

7. P.W.5 found that the death was on account of multiple cut and stab wounds. P.W.s further deposed that the injuries on the deceased were possible with the weapon shown to him during the triai.

8. The Investigating Officer concluded the investigation and filed a charge sheet for the offence under Section 3O2 of IPC' g . Learned Sessions Judge found favour with the prosecution's version and convicted the appellant, though P.W.1 and P.W.2 turned hostile to the prosecution case.

10. Learned senior counsel appearing on behalf of the appellant would submit that P.Ws.l and 2, who are the husband and son of the deceased respectively, turned hostile to the prosecution's case and did not speak about any assault by the appellant. The prosecution is banking on the evidence of P.W. 13, who was the eyewitness to the incident' However, he was not present when the incident took place' Even according to him, on information given by P.W.2, he went to the scene' 7 However, o I :.r'count of P.W.2's hostility, it czLnnot btt said that P.W. 13 was lll-esent at the scene.

11. Lea-'n:cl lenior counsei further submitted t.hat p.W. 16 was the con s tzrble, who allegedly apprehencled tLLe rtppeliant when he rvrrs being followed by P.W.13. Hou,eve -, p \r/. 16 was examined t.r.o rlays after the incident. The krrife / !l O. 1 1 was seized bv F. \1 . i3 and the said recovery is of no c()r s equence, since it u'a:; r r:t seized at the instance of th,: app,:lLant. The prosecution hzrs not projected any motive, and lirt rher , FIR that was regislercd rvas sent to the Court with a clcla... .,.he injury on the ha r11 of the accused was not e;<ltlatne< [ by the prosecuticn I'r.trther, the blood group on M.C).1 I c,1Lll not be determine 1.

12. Learrecl senior counsel relied on the -jtrcl11me,t._ of the Hon'ble S:tr,111 l 6 Court in Harbeer Singh v. Sheespal And Others wi,h State of Rajashthan vs. Sheeshpal And Othersr. The said jurlgrtr:nt was cited in support of his argurtr:nt that there was a delav in recording the statement of F.V/. lri under Section 1(i1 o ' Cr.P.C. He also relied on the judilrnent of Hon'ble Suprerne Court in parshuram vs. State of M.p.2, wherein it r.vas ireld that when there is no explzrr: ati(,r lor an ' (2016) 16 scc 4t B '2023 INSC 97:t (s;tpc:t. No.171B ot 2022) 8 injury on the accused, an adverse inference has to be drawn' He also relied on judgment of the Hon'ble Supreme Court in Balwan Singh vs. State of Chhattisgarh And Anothere' wherein the Honlcle Supreme Court held that not determining the blood group on the weapon that was seized would also have an impact on the prosecution's case'

13. Learned Public Prosecutor, on the other hand' wouid submitthatP.W.13isthecrucialwltnesstotheprosecution and the hostility of P.Ws. I and 2 is of no consequence P'W 13 stated that he chased the appellant for a considerable distance' where he was caught hold of by P'W'16 and handed over to P.W. 15. The sequence of events would clearly go to show that it was the appellant who had caused multiple injuries on the deceased, resulting in her death'

14. The argument of the learned senior counsel for the appellant is that no motive was suggested by the prosecution' which is fatal to the prosecution case' In a case where there is an eyewitness account, the motive is of no consequence' Though P.Ws.l and 2 turned hostile to the prosecution case' there is no reason as to why P.w.13 would speak falsely against the appellant. 3 (2019) 7 scc 781 9

15. P.\[ . ] 3 r.as informed about the incident l>y I,.,J/.2, who stated tlrat t was the appellant who was atte cking the deceased As r;een from the post mortem examination, nearly 32 stab and r:ut wounds were found on the bo 1y of the deceasecl. 'lo irrflict such injuries, time woulcl har.e b,:.n taken. P.W. 13 c e:rr[., narrated that on information bcing given by P.W .2, hr: ,rr I ediately rushed to the scene. arrd bund the appellant ir'flir:ting injuries on the deceased. p w 1 3 tried to apprehenrl thr' appellant, who ran from the pl:.cr:. He was chased lor a Cistance and upon seeing the aprcll,urt being chased by I,.t,\' 13, p.W16 intervened and carrgh._ l-rr l,l of the appellant. \c:r:ording to p.W. 16, the appellart was 1,)lding a knife, whi<:h is; l\4,O.11. Then, on information given b,r p.W. 16, P.W. 1 5 w3n t t I the scene, along with the Insl re ctor of Police/P.W.8.

16. The sc,cluence of events narrated by :he prr,secution cannot be drl_Llrt ed. In fact, after the incident. t_ te i Llrpellant was chasec[ iurci caught ho]d of by the police and r,.as trrken to the Police St€rticn.

17. The rLr;lunent of the learned senior counsel t at the Police did not ccr:duct a Test Identification para<le ancl t.at this woulcl be fa:a tc :.he case cannot be accepted. As seen.itm the l0 injuries caused, it can tre determined that it would have taken considerable time to inflict such injuries' The appeliant was chased by P.W. 13 and caught hold of by the Police' The incident went on for quite some time. The manner in which the incident took place, with the appellant being ihased and caught hold of by the Police, would have a lasting impact on the mind of P.W. 13. In the present facts of the case, the Police not holding a Test Identification Parade for the purpose of P'W' 13 identifying the appellant is of no conse quence'

18. The manner in which the injuries were inflictcd by the appellant would go to show that thc murder was intentional ancl premeditated. There are no grounds to interfere with the well reasoned judgment of the learned Sessions Judge' t9 Accordingly, the Criminal Appeal is dismissed' //TRUE COPY// SD/- K. SAILESHI JOINT REGISTRAR SECTION OFFICER To, '1. The Metropolitan Sessions Judge' Hyderabad (with records' if any) 2. Two ccs to the puoric prJs-ecuioi, nigl-' court for the state of Telangana at 3. o;; cC to Sri t-S. Rnirudrr Reddv' Advocate [oPUC] 4. Two CD CoPtes Hyderabad. [OUT] YY kam/gh HIGH COURT DATED:01 10412025 JUDGMENT CRLA.No.1.)14 of Z01B /' /,'-s I ,-) I /.7;\: Ir1 : si 4 (( 1X ,t,nt ry + r 1).- -, rr416t,.,, i .;.,,' DISMISSINCi OF THE CRIMINAL APPEAL I c.g?"1 #,