Heera Lal Yadav Yadav v. Punjab State of Punjab
Case Details
(O&M) CRA-D-180-DB-2006 (O&M) ( 1 ) FOR THE STATES OF PUNJAB & HARYANA IN THE HIGH COURT IN THE HIGH COURT FOR THE STATES AT CHANDIGARH AT CHANDIGARH CRA-D-180-DB-2006 (O&M) CRA ate of Decision: 14.5.2025 Date of Decision: Heera Lal Yadav Yadav … Appellant Versus Punjab State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Prince Goyal, Advocate, Legal Aid Counsel Mr. Prince Goyal, Advocate, Legal Aid Counsel for the appellant. Jeet Singh, AAG, Punjab. Mr. Harkanwar Jeet Singh, AAG, Punjab. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. 2. Heera Lal Yadav Lal Yadav assails judgment dated learned judgment dated 09.01.2006 passed by learned the trial Court while holding him Sessions Judge, Jalandhar, vide which the trial Court while holding him the trial Court while holding him Sessions Judge, has sentenced of having committed offence under Section 302 IPC, has sentenced of having committed offence under Section guilty of having committed offence under Section to undergo imprisonment for life and also to pay a fine amounting to him to undergo imprisonment for life and also to pay a fine amounting to to undergo imprisonment for life and also to pay a fine amounting to to undergo imprisonment for life and also to pay a fine amounting to Rs.5000/-. The matter arises out of FIR No. matter arises out of FIR No.148 dated 2 registered at Police dated 20.10.2003 registered at Police Station Goraya Goraya, under Section 302, 201 IPC (Ex.P , at the instance of IPC (Ex.PD/2), at the instance of Gurdeep Singh Singh. The translated gist of Gurdeep Gurdeep Singh’s statement (Ex.PD) on as under: the basis of which FIR was lodged reads as under: the basis of which FIR was lodged urka, Police Station Goraya and into cultivation. I am resident of Village Ghurka, Police Station Goraya and into cultivation. urka, Police Station Goraya and into cultivation. “I am resident of Village G 20.10.2003, at about 8.00 AM, when I had gone out of my house Today i.e. 20.10.2003, at about 8.00 AM, when I had gone out of my house 20.10.2003, at about 8.00 AM, when I had gone out of my house Today i.e. on the road. to the fields to answer the call of nature, I saw blood spilled on the road. to the fields to answer the call of nature, I saw blood to the fields to answer the call of nature, I saw blood When I looked towards my paddy and sugarcane fields, I When I looked saw dead body of my paddy and sugarcane fields, I saw dead body of VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 2 ) an unknown person, aged about 20/ an unknown person, aged about 20 brutally /25 years, who had been brutally murdered with sharp edged weapon. He murdered with sharp edged weapon shirt . He was wearing a red coloured T-shirt and black pant. He was a clean shaven wheatish complexion and black pant person clean shaven wheatish complexioned person 5” in height. It appears that some having a slim and active body about 5’-5” in height. It appears that some having a slim and active body about 5’ having a slim and active body about 5’ son had murdered this unknown person on account of some unidentified person had murdered this unknown person on account of some son had murdered this unknown person on account of some unidentified per proceeding to inform the police after leaving Gurnam Singh, grudge. I was proceeding to inform the police after leaving Gurnam Singh, proceeding to inform the police after leaving Gurnam Singh, grudge. I was Sarpanch and Amarjit Singh at the spot, when you met me. I got my Ex-Sarpanch and Amarjit Singh at the spot, when you met me. I got my Sarpanch and Amarjit Singh at the spot, when you met me. I got my Sarpanch and Amarjit Singh at the spot, when you met me. I got my statement recorded. Action be taken. Sd/- Gurdeep Singh.” statement recorded. Action be taken. Sd/ statement recorded. Action be taken. Sd/ 3. Satinder Kumar, The aforesaid statement (Ex.PD) was recorded by SI/SHO Satinder Kumar The aforesaid statement (Ex.PD) was recorded by SI/SHO The aforesaid statement (Ex.PD) was recorded by SI/SHO when he alongwith other police officials was when he alongwith other police officials w patrolling in the area of Village as patrolling in the area of Village Goraya and had met Gurdeep Singh. and had met Gurdeep Singh. Pursuant to reco ding of aforesaid Pursuant to recording of aforesaid statement, a
Facts
a ruqa was sent to the police station for lodging FIR . Thereafter, sent to the police station for lodging FIR. Thereafter, SI Satinder Kumar alongwith other police officials proceeded to the spot SI Satinder Kumar alongwith other police officials proceeded to the spot SI Satinder Kumar alongwith other police officials proceeded to the spot SI Satinder Kumar alongwith other police officials proceeded to the spot where inquest proceedings were conducted. The dead body was sent to the where inquest proceedings were conducted. The dead body was sent to the where inquest proceedings were conducted. The dead body was sent to the where inquest proceedings were conducted. The dead body was sent to the hospital for post-mortem examination. Blood stained hospital for post soil was lifted from the mortem examination. Blood stained soil was lifted from the place of occurrence and was prepared into a parcel, which was duly sealed place of occurrence and was prepared into a parcel, which was duly sealed place of occurrence and was prepared into a parcel, which was duly sealed place of occurrence and was prepared into a parcel, which was duly sealed ippers and taken into possession vide recovery memo Ex.PM. Two pairs of slippers and taken into possession vide recovery memo Ex.PM and taken into possession vide recovery memo Ex.PM found lying at the place of occurrence were also taken into possession vide found lying at the place of occurrence were also taken into possession vide found lying at the place of occurrence were also taken into possession vide found lying at the place of occurrence were also taken into possession vide ry memo Ex.PN. Rough site plan of the place of occurrence was also recovery memo Ex.PN. Rough site plan of the place of occurrence was also ry memo Ex.PN. Rough site plan of the place of occurrence was also ry memo Ex.PN. Rough site plan of the place of occurrence was also prepared. Statements of the witnesses were recorded in terms of Section 161 prepared. Statements of the witnesses were recorded in terms of Section 161 prepared. Statements of the witnesses were recorded in terms of Section 161 prepared. Statements of the witnesses were recorded in terms of Section 161 Cr.P.C. 4. 22.10.2003, the police recorded the It is the case of prosecution that on 22.10.2003, the police recorded the 22.10.2003, the police recorded the It is the case of prosecution that on , who claimed that he had seen the accused statements of Tarun Kumar, who claimed that he had seen the accused , who claimed that he had seen the accused statements of Tarun carrying blood stained knife and of Vijay Kumar, carrying blood stained knife the Vijay Kumar, who claimed that the accused had met him and confessed his guilt. The identification of the dead accused had met him and confessed his guilt. The identification of the dead accused had met him and confessed his guilt. The identification of the dead accused had met him and confessed his guilt. The identification of the dead body was established on 24.10.2003 when Sia Ram Yadav, broth body was established on er of the 24.10.2003 when Sia Ram Yadav, brother of the deceased, identified the photographs of the dead body while stating that the deceased, identified the photographs of the dead body while stating that the deceased, identified the photographs of the dead body while stating that the deceased, identified the photographs of the dead body while stating that the VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 3 ) . It is further the case of prosecution same were of his brother Sunder Yadav. It is further the case of prosecution . It is further the case of prosecution same were of Lal Yadav 25.10.2003, Vijay Kumar produced the accused Heera Lal Yadav 25.10.2003, Vijay Kumar produced the accused that on 25.10.2003, Vijay Kumar produced the accused before SI Satinder Kumar and was arrested. before SI Satinder Kum Upon interrogation, accused and was arrested. Upon interrogation, accused Lal Yadav disclosed that he had kept a knife concealed near the bridge Heera Lal Yadav disclosed that he had kept a knife concealed near the bridge Lal Yadav disclosed that he had kept a knife concealed near the bridge Lal Yadav disclosed that he had kept a knife concealed near the bridge minor in the area of Village Ghurka. Pursuant to the said disclosure of canal minor in the area of Village Ghurka. Pursuant to the said disclosure minor in the area of Village Ghurka. Pursuant to the said disclosure minor in the area of Village Ghurka. Pursuant to the said disclosure ot the knife recovered from statement (Ex.PQ), the accused is stated to have got the knife recovered from statement (Ex.PQ), the accused is stated to have g statement (Ex.PQ), the accused is stated to have g , which was taken into possession vide recovery memo the disclosed place, which was taken into possession vide recovery memo , which was taken into possession vide recovery memo the disclosed place Ex.PQ/2. 5. Upon conclusion of investigation, challan was presented against Upon conclusion of investigation, challan the accused was presented against the accused on 04.12.2003 04.12.2003 in the Court of learned Sub Divisional Magistrate, Sub Divisional Judicial Magistrate, , who committed the case to the Court of Sessions vide order dated Phillaur, who committed the case to the Court of Sessions vide order dated , who committed the case to the Court of Sessions vide order dated , who committed the case to the Court of Sessions vide order dated 16.12.2003. L . Learned Sessions Judge, Jalandhar framed charges against the Jalandhar framed charges against the accused on on 13.01.2004 for offence punishable under Section IPC, punishable under Sections 302, 201 IPC to which he pleaded not guilty and claimed trial to which he pleaded not guilty and claimed trial. 6. The prosecution in order to establish its case examined as many as 12 PWs The prosecution in order to establish its case examined as many as The prosecution in order to establish its case examined as many as PWs. The gist of their testimonies is being briefly referred to herein The gist of their testimonies is being briefly referred to herein under:- 20.10.2003, he was posted as MHC Jaswinder Singh stated that on 20.10.2003, he was posted as MHC Jaswinder Singh stated that on PW-1 MHC Jaswinder Singh stated that on SI/SHO Satinder Kumar MHC, P.S. Goraya and that on the said day, SI/SHO Satinder Kumar MHC, P.S. Goraya and that on the said day, MHC, P.S. Goraya and that on the said day, deposited with him separate sealed parcels containing deposited with him blood stained sealed parcels containing blood stained on 25.10.2003, one parcel soil, clothes and slippers. He stated that on 25.10.2003, one parcel soil, clothes and slippers. He stated that soil, clothes and slippers. He stated that containing knife was also deposited with him and that on containing knife was als 06.11.2003, o deposited with him and that on 06.11.2003, parcels to the Chemical Examiner through Constable he sent all the parcels to the Chemical Examiner through Constable parcels to the Chemical Examiner through Constable he sent all the and that as long as the parcels remained in his Balwinder Pal Singh and that as long as the parcels remained in his and that as long as the parcels remained in his Balwinder Pal Singh possession, the same were not tampered with. possession, the same were not tampered with. possession, the same were not tampered with. PW-2 HC Pargat HC Pargat Singh stated that on 20.10.2003 , he was associated with 20.10.2003, he was associated with SI/SHO Satinder Kumar for investigation of the present case and that SI/SHO Satinder Kumar for investigation of the present case and that SI/SHO Satinder Kumar for investigation of the present case and that SI/SHO Satinder Kumar for investigation of the present case and that he had taken the dead body to the hospital for the purpose of post- he had taken the dead body to the hospital for the purpose of post he had taken the dead body to the hospital for the purpose of post he had taken the dead body to the hospital for the purpose of post VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 4 ) mortem examination and that the doctor after conducting the post- mortem examination and that the doctor after conducting the pos mortem examination and that the doctor after conducting the pos mortem examination and that the doctor after conducting the pos mortem examination had handed over to him the clothes of the mortem examination had handed over to him the clothes of the mortem examination had handed over to him the clothes of the mortem examination had handed over to him the clothes of the SHO Satinder Kumar. deceased, which he further handed over to the SHO Satinder Kumar. deceased, which he further handed over to the deceased, which he further handed over to the PW-3 Gurnam Singh , who had been associated by the police at the time of Gurnam Singh, who had been associated by the police at the time of , who had been associated by the police at the time of nd stated that his inquest proceedings, stated with regard to the same and stated that his inquest proceedings, stated with regard to the same a inquest proceedings, stated with regard to the same a statement was also recorded by the police. statement was also recorded by the police. PW-4 Gurdeep Singh (complainant) Gurdeep Singh (complainant) stated that on 20.10.2003 at about 7.30 stated that on 20.10.2003 at about 7.30 AM, when he had gone to his fields, AM, when he had gone to he noticed blood lying on the fields, he noticed blood lying on the the sugarcane ground and he followed the blood trail which led to the sugarcane ground and he followed the blood trail which led to ground and he followed the blood trail which led to having fields where an unidentified dead body was found lying having fields where an unidentified dead body was found lying fields where an unidentified dead body was found lying injuries inflicted with some sharp edged weapon. He further stated injuries inflicted with some sharp edged weapon. He further stated injuries inflicted with some sharp edged weapon. He further stated injuries inflicted with some sharp edged weapon. He further stated that he left Gurnam Singh at the spot and proceeded to the police that he left Gurnam Singh at the spot and proceeded to the police that he left Gurnam Singh at the spot and proceeded to the police that he left Gurnam Singh at the spot and proceeded to the police e and got his statement station and while on the way, he met the police and got his statement station and while on the way, he met the polic station and while on the way, he met the polic Ex.PD recorded. Ex.PD recorded. Surinder Kumar, who had taken photographs of the dead body, PW-5 Surinder Kumar, who had taken photographs of the dead body, Surinder Kumar, who had taken photographs of the dead body, Surinder Kumar, who had taken photographs of the dead body, P8 and negatives thereof as Ex.P9 to proved the same as Ex.P1 to Ex.P8 and negatives thereof as Ex.P9 to P8 and negatives thereof as Ex.P9 to proved the same as Ex.P1 to Ex.P16. Ex.P16 PW-6 Sia Ram Yadav , brother of deceased Sunder Yadav, stated that Sia Ram Yadav, brother of deceased Sunder Yadav, stated that on hop at 19.10.2003, Sunder Yadav (deceased) had come to his sweet shop at 19.10.2003, Sunder Yadav (deceased) 19.10.2003, Sunder Yadav (deceased) 9 AM and was accompanied by Sham Kumar Yadav and about 8-9 AM and was accompanied by Sham Kumar Yadav and 9 AM and was accompanied by Sham Kumar Yadav and about 8 after meeting him, both of them had returned back to village Pasla. after meeting him, both of them had returned back to village Pasla. after meeting him, both of them had returned back to village Pasla. after meeting him, both of them had returned back to village Pasla. came to his He stated that later in the evening, Sham Yadav again came to his He stated that later in the evening He stated that later in the evening shop, but was not accompanied by his brother Sunder Yadav and shop, but was not accompanied by his brother Sunder Yadav and shop, but was not accompanied by his brother Sunder Yadav and shop, but was not accompanied by his brother Sunder Yadav and when he enquired about him, then Sham Yadav disclosed that Sunder when he enquired about him, then Sham Yadav disclosed that Sunder when he enquired about him, then Sham Yadav disclosed that Sunder when he enquired about him, then Sham Yadav disclosed that Sunder Yadav had been stopped by Heera Yadav had been stopped by further stated Heera Lal Yadav. PW-6 further stated that on 24.10.2003, when he alongwith his cousin that on was alongwith his cousin Parmod Yadav was when searching for his brother Sunder Yadav, they met Heera Lal and when searching for his brother Sunder Yadav, searching for his brother Sunder Yadav, they enquired about his brother, Heera they enquired about his brother, 6 stated Heera Lal got nervous. PW-6 stated that Heera Lal told him that he had that Lal told him that he had given an amount of Rs.5/- to d boarded a train. He further Sunder Yadav and that Sunder Yadav had boarded a train. He further Sunder Yadav and that Sunder Yadav ha Sunder Yadav and that Sunder Yadav ha were returning back, then they stated that when he and Parmod Yadav were returning back, then they stated that when he and Parmod Yadav stated that when he and Parmod Yadav VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 5 ) met some police officials, who showed them 3/4 photographs, which met some police officials, who showed them 3/4 photographs, which met some police officials, who showed them 3/4 photographs, which met some police officials, who showed them 3/4 photographs, which he identified as that of his brother Sunder Yadav. he identified as that of his brother Sunder Yadav. he identified as that of his brother Sunder Yadav. PW-7 Sham Yadav Sham Yadav stated that on 19.10.2003, he alongwith under Yadav 19.10.2003, he alongwith Sunder Yadav (deceased) had gone to the village Pasla (deceased) work and when had gone to the village Pasla in search of work and when met them in they were returning back to Goraya, then Heera Lal met them in they were returning back to Goraya, then they were returning back to Goraya, then Lal Village Sang Dhesian and stopped Sunder Yadav and that Heera Lal Village Sang Dhesian and stopped Sunder Yadav and Village Sang Dhesian and stopped Sunder Yadav and 7) to go and that he will send Sunder Yadav later on. 7) to go and that he will send Sunder Yadav later on told him (PW-7) to go and that he will send Sunder Yadav later on told him (PW PW-7 stated that even Sunder Yadav PW and that even Sunder Yadav told him to go and that accordingly he went back to the sweet accordingly he went back to hop where Sia Ram Yadav weet shop where Sia Ram Yadav was working. He further stated that Sunder Yadav, however, did was working not He further stated that Sunder Yadav, however, did not return back after the said day i.e. 19.10.2003 and that on return back after 24.10.2003, 19.10.2003 and that on 24.10.2003, the police had shown photographs of a dead body, which he had the police had shown photographs of a dead body, which he had the police had shown photographs of a dead body, which he had the police had shown photographs of a dead body, which he had identified as that of Sunder Yadav. identified as that of Sunder Yadav. identified as that of Sunder Yadav. PW-8 Constable Balwinder Pal , who is a formal witness, tendered into Constable Balwinder Pal, who is a formal witness, tendered into , who is a formal witness, tendered into affidavit Ex.PG, wherein he deposed that on 05.11.2003, evidence his affidavit Ex.PG, wherein he deposed that on 05.11.2003, affidavit Ex.PG, wherein he deposed that on 05.11.2003, evidence his MHC Jaswinder Singh had handed over to him MHC had handed over to him three separate parcel parcels clothes of dead body, blood stained soil and blood stained containing clothes of dead body, blood stained soil and blood stained clothes of dead body, blood stained soil and blood stained containing for depositing the same in the office of FSL, Punjab, knife for depositing the same in the office of FSL, Punjab, for depositing the same in the office of FSL, Punjab, knife Chandigarh and that on the same day Chandigarh and that on the , he deposited same day i.e. 05.11.2003, he deposited the same in the said office and that as long as the parcels remained in the same in the said office and that as long as the parcels remained in the same in the said office and that as long as the parcels remained in the same in the said office and that as long as the parcels remained in his possession, the same were not tampered with. his possession, the same were not tampered with his possession, the same were not tampered with PW-9 Tarun Kum Tarun Kumar stated that on the night intervening 19/20.10.2003, stated that on the night intervening 19/20.10.2003, urjan Pind, when he was going on a scooter from village Ghurka to Surjan Pind, when he was going on a scooter from village Ghurka to when he was going on a scooter from village Ghurka to then he saw a person running towards him and he stopped his scooter then he saw a person running towards him and he stopped his scooter then he saw a person running towards him and he stopped his scooter then he saw a person running towards him and he stopped his scooter in his and the said person was carrying a blood stained Karad (knife) in his and the said person was carrying a blood stained and the said person was carrying a blood stained hen he made hand. He knew the said person to be Heera Lal and when he made hand. He knew the said person to be hand. He knew the said person to be some enquiries from Heera Lal, he fled away towards village some enquiries from hurka Lal, he fled away towards village Ghurka he came to know that a person had been and that on the next day, he came to know that a person had been he came to know that a person had been and that on the next day, , who murdered near that place. He suspected that it was Heera Lal, who murdered near that place. He suspected that murdered near that place. He suspected that had committed that murder. had committed PW-10 Dr. Hari Singh, Medical Officer, Government Rural Hospital, Mau Medical Officer, Government Rural Hospital, M Dr. Hari Singh, Medical Officer, Government Rural Hospital, M mortem examination on the dead Sahib, who had conducted post-mortem examination on the dead mortem examination on the dead Sahib VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 6 ) body of Sunder Yadav on 20.10.2003 body of mortem report 20.10.2003, proved the post-mortem report . He stated that as per his opinion the cause of death was as Ex.PH. He stated that as per his opinion the cause of death was . He stated that as per his opinion the cause of death was as Ex.P due to multiple injuries leading to massive due to shock and massive hemorrhage and shock and cardio-pulmonary arrest, which w cardio sufficient to cause death in which were sufficient to cause death in ordinary course of nature. ordinary course of nature. PW-11 Nanju Ram, Patwari Nanju Ram, Patwari, who had prepared the scale site plan, proved prepared the scaled site plan, proved the same as Ex.PL. the same as Ex.PL. PW-12 SI Satinder Kumar who is the Investigating Officer of the present SI Satinder Kumar, who is the Investigating Officer of the present who is the Investigating Officer of the present case, stated in detail in respect of the entire case, stated investigation conducted in detail in respect of the entire investigation conducted by him right from lodging of FIR up by him challan. He also upto the filing of challan. He also proved various documents/memos prepared during the course of proved various documents/memos prepared during the course of proved various documents/memos prepared during the course of proved various documents/memos prepared during the course of investigation. investigation. 7. was Upon closure of the prosecution evidence, statement of the accused was Upon closure of the prosecution evidence, statement of Upon closure of the prosecution evidence, statement of recorded in terms of Section 313 Cr.P.C., wherein he denied the entire case recorded in terms of Section 313 Cr.P.C., wherein recorded in terms of Section 313 Cr.P.C., wherein entire case of prosecution and pleaded false implication. prosecution The accused, however, did not false implication. The accused, however, did not lead any evidence in his defence. lead any evidence in his defence. 8. The learned trial Court, upon appraisal of evidence brought on record, held The learned trial Court, upon appraisal of evidence brought on record, held The learned trial Court, upon appraisal of evidence brought on record, held The learned trial Court, upon appraisal of evidence brought on record, held that the evidence led by the prosecution established the charges fr that the evidence led by the prosec amed tion established the charges framed held him guilty for having committed against the accused and consequently, held him guilty for having committed held him guilty for having committed against the accused and consequently, offence under Section 302 IPC and sentenced him to undergo offence under Section 302 IPC imprisonment and sentenced him to undergo imprisonment for life vide impugned judgment. vide impugned judgment. 9. Learned counsel for the appellant, while assailing the Learned counsel for the judgment, , while assailing the impugned judgment, it is a case of blind murder based totally on circumstantial submitted that it is a case of blind murder based totally on circumstantial it is a case of blind murder based totally on circumstantial submitted that evidence and that the evidence collected by the police is grossly insufficient evidence and that the evidence collected by the police is grossly insufficient evidence and that the evidence collected by the police is grossly insufficient evidence and that the evidence collected by the police is grossly insufficient to establish the charges framed against the accused. It has been submitted to establish the charges framed against the accused. It has been submitted to establish the charges framed against the accused. It has been submitted to establish the charges framed against the accused. It has been submitted that the prosecution mainly relies upon the testimony of that the prosecution mainly 9 Tarun Kumar, the testimony of PW-9 Tarun Kumar who had allegedly seen the accused running away while carrying a knife in who had allegedly seen the accused running away while carrying a knife in who had allegedly seen the accused running away while carrying a knife in who had allegedly seen the accused running away while carrying a knife in VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 7 ) his hand and that apart from the said evidence, there is nothing else to his hand and that apart from the said evidence, there is nothing else to his hand and that apart from the said evidence, there is nothing else to his hand and that apart from the said evidence, there is nothing else to Learned counsel, thus, connect the accused with the alleged murder. Learned counsel, thus, connect the accused with the alleged murder. connect the accused with the alleged murder. is liable to be set ted that the impugned judgment could not sustain and is liable to be set ted that the impugned judgment could not sustain and submitted that the impugned judgment could not sustain and aside. 10. Opposing the Opposing the appeal, learned State counsel submitted that it is a case where appeal, learned State counsel submitted that it is a case where that very place the accused was seen carrying a blood stained knife from near that very place the accused was seen carrying a blood stained knife the accused was seen carrying a blood stained knife from where the dead body came to be recovered shortly thereafter from where the It has dead body came to be recovered shortly thereafter It has further been submitted that the factum of recovery of blood stained knife at further been submitted that the factum of recovery of blood stained knife at further been submitted that the factum of recovery of blood stained knife at further been submitted that the factum of recovery of blood stained knife at the instance of accused which as per the report of FSL was found to be the instance of accused which as per the report of FSL was found to be the instance of accused which as per the report of FSL was found to be the instance of accused which as per the report of FSL was found to be oubt that it is the accused, stained with human blood, there is no manner of doubt that it is the accused, stained with human blood, there is no manner of d stained with human blood, there is no manner of d who had murdered the deceased with the help of knife, which was got who had murdered the deceased with the help of knife, which was got who had murdered the deceased with the help of knife, which was got who had murdered the deceased with the help of knife, which was got recovered by him. recovered by him. We have considered rival submissions addressed before this Court and with 11. We have considered rival submissions addressed before this Court and with We have considered rival submissions addressed before this Court and with We have considered rival submissions addressed before this Court and with
Legal Reasoning
Sharad very well been crystalised in the judgment of this Court in the case of Sharad very well been crystalised in the judgment of t very well been crystalised in the judgment of t
Arguments
the assistance of learned counsel have also perused the record of the case. the assistance of learned counsel have also perused the rec the assistance of learned counsel have also perused the rec 12. medical evidence led by the t is apposite to first of all refer to the medical evidence led by the It is apposite to first of all refer to the t is apposite to first of all refer to the with regard to the alleged homicidal death of Sunder Yadav. prosecution with regard to the alleged homicidal death of Sunder Yadav. with regard to the alleged homicidal death of Sunder Yadav. prosecution PW-10 Dr. Hari 10 Dr. Hari Singh, who had conducted post mortem examination on the Singh, who had conducted post-mortem examination on the has described the injuries found on the dead dead body of Sunder Yadav, has described the injuries found on the dead has described the injuries found on the dead dead body of Sunder Yadav body as under: body as under: “1. Incised wound 3.5 cm x 1.5 cm present in the occipital Incised wound 3.5 region of skull. cm x 1.5 cm present in the occipital region of skull. Underlying bone was fractured. Underlying bone was fractured. 2. Incised wound 7 cm x 3 cm present over the left side of neck at the level of Incised wound 7 cm x 3 cm present over the left side of neck at the level of Incised wound 7 cm x 3 cm present over the left side of neck at the level of Incised wound 7 cm x 3 cm present over the left side of neck at the level of angle of the mouth. Underlying muscles, nerves and ves angle of the mouth. muscles, nerves and vessels were cut. 3. Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just Incised wound 7 cm x 3.5 cm deep was present over the left side of neck just he muscles, nerves and great vessels were cut in below the injury no.2. All the muscles, nerves and great vessels were cut in he muscles, nerves and great vessels were cut in below the injury no.2. the same line. the same line. VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 8 ) 4. Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the Incised wound 4.5 cm x 3 cm present on the left cheek at the angle of the 5. 6. mouth. Underlying muscles, vessels and jaw bone were cut (fractured). mouth. Underlying muscles, vessels and jaw bone were cut (fractured). mouth. Underlying muscles, vessels and jaw bone were cut (fractured). Incised wound 1.5 cm x 1 cm at the right pinna of ear. Incised wound 1.5 cm x 1 cm at the right p Incised wound 1.5 cm x 1 cm at the right p Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed Incised wound 4 cm x 2 cm in the middle of dorsem of left hand. Placed horizontally. All the muscles, vessels and underline bones were cut in the horizontally. All the muscles, vessels and underline bones were cut in the horizontally. All the muscles, vessels and underline bones were cut in the horizontally. All the muscles, vessels and underline bones were cut in the same line. same line. Multiple small incised wounds were present on the right upper arm.” Multiple small incised wounds were present on the right upper arm. 7. Multiple small incised wounds were present on the right upper arm. 13. PW-10 Dr. opined that the cause of death was on account of Hari Singh opined that the cause of death was on account of opined that the cause of death was on account of multiple injuries injuries, which led to massive hemorrhage shock and cardio- , which led to massive hemorrhage, shock and cardio . A perusal of the description of injuries shows that the pulmonary arrest. A perusal of the description of injuries shows that the . A perusal of the description of injuries shows that the pulmonary arrest ous parts of body including same are in the nature of incised wounds on various parts of body including same are in the nature of incised wounds on vari same are in the nature of incised wounds on vari head, neck, face and ear, which could have been possibly inflicted with a head, neck, face and ear, which could have been possibly inflicted with a head, neck, face and ear, which could have been possibly inflicted with a head, neck, face and ear, which could have been possibly inflicted with a sharp edged knife, as was recovered in the present case at the instance of the sharp edged knife, as was recovered in the present case at the instance of the sharp edged knife, as was recovered in the present case at the instance of the sharp edged knife, as was recovered in the present case at the instance of the e of accused. As such, this Court has no hesitation in holding that it is a case of accused. As such, this Court has no hesitation in holding that it is a cas accused. As such, this Court has no hesitation in holding that it is a cas the deceased had been inflicted injuries with a homicidal death, wherein the deceased had been inflicted injuries with a the deceased had been inflicted injuries with a homicidal death, wherein sharp edged weapon. sharp edged weapon. witness to the occurrence and Admittedly, it is a case wherein there is no eye-witness to the occurrence and Admittedly, it is a case wherein there is no 14. Admittedly, it is a case wherein there is no the prosecution banks upon the circumstantial evidence. It goes without the prosecution banks upon the circumstantial evidence. It goes without the prosecution banks upon the circumstantial evidence. It goes without the prosecution banks upon the circumstantial evidence. It goes without witness, charges in respect of an saying that even in case there is no eye-witness, charges in respect of an witness, charges in respect of an saying that be established on the basis of circumstantial evidence. offence can well be established on the basis of circumstantial evidence. be established on the basis of circumstantial evidence. offence can to establish each However, in such an eventuality, the prosecution is expected to establish each However, in such an eventuality, the prosecution is expected However, in such an eventuality, the prosecution is expected cogent and and every link in the chain of circumstantial evidence by leading cogent and and every link in the chain of circumstantial evidence by leading and every link in the chain of circumstantial evidence by leading reference may be made to a case convincing evidence. In this context, reference may be made to a case reference may be made to a case convincing evidence. In this context, of Madhya Pradesh, AIR 1952 Supreme Court reported as Hanumant v. State of Madhya Pradesh, AIR 1952 Supreme Court of Madhya Pradesh, AIR 1952 Supreme Court reported as wherein it was held as follows: 343, wherein it was held as follows: "10. It is well to remember that in cases where the evidence is of a circumstantial It is well to remember that in cases where the evidence is of a circumstantial It is well to remember that in cases where the evidence is of a circumstantial It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn nature, the circumstances from which the conclusion of guilt is to be drawn nature, the circumstances from which the conclusion of guilt is to be drawn nature, the circumstances from which the conclusion of guilt is to be drawn VIMAL KUMAR 2025.05.14 17:05 I attest to the accuracy and integrity of this document (O&M) CRA-D-180-DB-2006 (O&M) ( 9 ) first instance be fully established, and all the facts so established should in the first instance be fully established, and all the facts so established first instance be fully established, and all the facts so established should in the should be consistent only with the hypothesis of the guilt of the accused. should be consistent only with the hypothesis of the guilt of the accused. should be consistent only with the hypothesis of the guilt of the accused. should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and Again, the circumstances should be of a conclusive nature and tendency and Again, the circumstances should be of a conclusive nature and tendency and Again, the circumstances should be of a conclusive nature and tendency and ery hypothesis but the one proposed to be they should be such as to exclude every hypothesis but the one proposed to be ery hypothesis but the one proposed to be they should be such as to exclude ev proved. In other words, there must be a chain of evidence so far complete as proved. In other words, there must be a chain of evidence so far complete as proved. In other words, there must be a chain of evidence so far complete as proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the not to leave any reasonable ground for a conclusion consistent with the not to leave any reasonable ground for a conclusion consistent with the not to leave any reasonable ground for a conclusion consistent with the in all human innocence of the accused and it must be such as to show that within all human innocence of the accused and it must be such as to show that with innocence of the accused and it must be such as to show that with probability the act must have been done by the accused." probability the act must have been done by the accused." probability the act must have been done by the accused." The aforesaid principles have consistently been followed and have been 15. The aforesaid principles have consistently been followed and have been The aforesaid principles have consistently been followed and have been The aforesaid principles have consistently been followed and have been affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble Apex Court reiterated the aforesaid position of law in Apex Court reiterated the afores 2025(1) RCR(Criminal) aid position of law in 2025(1) RCR(Criminal) , while stating as under: 12, Vishwajeet Kerba Masalkar v. State of Maharashtra, while stating as under: 12, Vishwajeet Kerba Masalkar v. State of Maharashtra 12, Vishwajeet Kerba Masalkar v. State of Maharashtra The law with regard to conviction on the basis of circumstantial evidence has “20. The law with regard to conviction on the basis of circumstantial evidence has The law with regard to conviction on the basis of circumstantial evidence has The law with regard to conviction on the basis of circumstantial evidence has