Punjab-Haryana High Court
Ram Mehar vs State Of Haryana on 6 November, 2024
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-D-162-2023 (O&M)
Reserved on: 25.10.2024
Date of decision: 6.11.2024
RAM MEHAR
...Appellant
Versus
STATE OF HARYANA
...Respondent
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Pranav Chamoli, Advocate
for the appellant.
Mr. Pradeep Prakash Chahar, Sr. DAG, Haryana.
****
SURESHWAR THAKUR, J.
1. The instant appeal is directed against the verdict drawn on
15.01.2020, upon Sessions Case No.63, of 2017, by the learned Additional
Sessions Judge, Hisar, wherethrough, in respect of a charge drawn for an offence
punishable under Section 302 of the IPC, he recorded a verdict of conviction
against the convict-appellant. Moreover, through a separate sentencing order of
16.01.2020, the learned trial Judge concerned imposed, upon, the convict-
appellant both sentence(s) of imprisonment as well as sentence(s) of fine, but in
the hereinafter extracted manner.
"5. The convict has been proved to have committed murder of
a young boy without any provocation on his part. The convict is,
thus, sentenced to undergo Rigorous Imprisonment for life and to
pay fine of Rs.25,000/- for the commission of offence punishable
under Section 302 IPC. In default of payment of fine, he shall
further undergo Simple Imprisonment for a period of two years."
1 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -2-
2. The period spent in prison by the convict during investigation or
trial was, in terms of Section 428 of Cr.P.C., ordered to be set off from the above
imposed substantive sentence(s) of imprisonment, upon the convict.
3. The convict becomes aggrieved from the above drawn verdict of
conviction besides also becomes aggrieved from the above drawn order of
sentence, thus, he is led to institute thereagainst the instant appeal before this
Court.
FACTUAL BACKGROUND
4. The genesis of the prosecution case is embodied in the appeal FIR to
which Ex.P1 is assigned. It is recorded thereins, that on 07.06.2017 a telephonic
message was received in the police station from Anil son of Mehtab Yadav,
resident of Kishangarh, owner of Jannet Hotel that Ali Khan is lying dead on a
cot under a shed in Jannet Hotel at Daroli Road, Adampur. Upon this, Station
House Officer Pawan Kumar alongwith Assistant Sub Inspector Krishan Kumar
No. 775, Head Constable Rohtash No. 1142 and Constable Anil Kumar No.1597
reached at Jannet Hotel by official vehicle bearing Registration No. HR39B/3804
being driven by Exemptee Head Constable Rakesh No. 690, where Feroz Khan,
father of deceased met him and got recorded his statement alleging therein that
he hails from village Gordah, District Jhapa, Nepal and presently residing at
Jawarhar Nagar, Mandi Adampur. His son Ali Khan, aged about 17 years, was
working as a cook at Jannet Hotel for the last about one month and used to sleep
at the hotel in the night. On 07.06.2007 Anil son of Mehtab Yadav, resident of
Kishangarh, owner of Jannet Hotel came to his house and told him that his son
Ali Khan is lying dead at a cot under a shed in Jannet Hotel. He noticed that
there were two sharp injuries on right side of head and right eye of his son. Ram
Mehar son of Jai Singh, resident of Mandi Adampur was also working with his
2 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -3-
son at Jannet Hotel who is now missing. Ram Mehar committed murder of his
son Ali Khan in the night. A request for taking necessary action against the
accused was made. Upon this, a ruqa was sent to the police station through
Constable Anil Kumar No.1597 for the registration of the case.
INVESTIGATION
5. Upon receipt of the ruqa in the police station, a formal FIR for the
commission of offence punishable under Section 302 IPC was registered against
the accused. Investigation was set in motion. Statements of witnesses under
Section 161 Cr.P.C were recorded. Site plan of place of occurrence was prepared.
Blood stained earth, clothes smeared with blood and other articles were taken
into possession from the spot. Post mortem on the body of the deceased was got
conducted. On 08.06.2017 accused Ram Mehar was arrested. In pursuance of his
disclosure statement, accused got recovered one iron pipe and his blood smeared
shirt from the house of his father-in-law Partap situated at village Kairanwali,
Sirsa. Site plan of place of recovery was prepared. Accused also got demarcated
the place of occurrence. The case property was sent to Forensic Science
Laboratory, Madhuban for examination. On completion of usual formalities of
investigation, report under section 173 Cr.P.C. was submitted before the court of
Area Magistrate, Hisar against accused Ram Mehar for the commission of an
offence punishable under Section 302 IPC.
COMMITTAL PROCEEDINGS
6. Since the afore offence was exclusively triable by the Court of
Session, thus vide committal order dated 22.08.2017 the learned Judicial
Magistrate Ist Class, Hisar, committed the accused to face trial before the Court
of Session.
3 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -4-
TRIAL PROCEEDINGS
7. The prosecution examined as many as 11 witnesses and,
subsequently, the public prosecutor closed the prosecution evidence. After the
closure of the prosecution case, the learned trial Judge drew proceedings under
Section 313 Cr.P.C., whereins, the accused pleaded innocence, and, claimed false
implication. However, he did not choose to lead any defence evidence.
SUBMISSIONS OF THE LEARNED COUNSEL FOR THE APPELLANT
8. The learned counsel for the aggrieved convict-appellant has argued
before this Court, that the impugned verdict of conviction, and, the consequent
thereto order of sentence, thus require an interference. They support the above
submission on the ground, that it is based on a gross misappreciation, and, non-
appreciation of evidence germane to the charge.
9. He rests the said submission, on the premise, that the weapon used
for the commission of offence was an iron pipe, as such only a blunt injury was
causable by the user of the said weapon, on the body of the deceased, whereas,
the doctor declared the injuries to be ante mortem incised wounds. Resultantly,
he submits that the recovered weapon of offence has remained unconnected with
the fatal incised wounds, as became entailed upon the body of the deceased.
SUBMISSIONS OF THE LEARNED STATE COUNSEL
10. The learned State counsel has argued that the impugned verdict of
conviction, and, consequent thereto sentence (supra), as became imposed upon
the convict by the learned trial Judge concerned, is merit worthy, as the same do
not suffer from any taint of any gross mis-appreciation or non-appreciation of
any evidence germane to the charge. Therefore, he contends that the impugned
verdict of conviction be maintained, and, affirmed by this Court.
4 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -5-
CIRCUMSTANTIAL EVIDENCE BASED CASE, BASED ON THEORY
OF LAST SEEN PROPAGATED BY PW-8, THE SAID PROPAGATION IS
THE INITIAL/PRIMARY LINK IN THE CHAIN OF INCRIMINATORY
CIRCUMSTANCES AS ERECTED BY THE PROSECUTION AGAINST
THE ACCUSED
11. The theory of last seeing of the accused and the deceased together,
is propagated by PW-4 Anil Kumar. PW-4 in his examination-in-chief has
echoed that he is running a hotel in the name of Janat Hotel located at Daroli
Road, Adampur, which is being look after by him and his father. Deceased Ali
Khan was working in his hotel as cook and accused Ram Mehar was also
working as servant/waiter. Both used to stay in the hotel during night. He further
echoed therein that usually, he closes his hotel at about 9:30 p.m., and while
going home, he used to hand over the keys of the hotel to deceased Ali Khan. He
continued to testify that as usual, on 06.06.2017 at about 9/9:30 p.m., after
closing the hotel, he handed over the keys to the deceased Ali Khan and went
home. He further stated that when one the next day i.e. on 07.06.2017 at about
6:30/6:45 p.m., when he came to his hotel, he found that dead body of Ali Khan,
was lying on a cot under a shed of the hotel, and, the dead body was having
injuries on the head and eyes. Upon which, he went to the house of deceased Ali
Khan and after narrating the incident, he took the father of the deceased Firoz
Khan to the hotel. Accused Ram Mehar whom he had left with Ali Khan on the
previous night at the time of closing the hotel rather was not found present at the
crime site, whereupon suspicion arose and resulted in his reporting the incident
to the police. Therefore, the above made echoings in his examination-in-chief,
thus PW-4 erected the incriminatory link qua his last seeing together the accused
and the deceased.
12. The above witness was subjected to the ordeal of a rigorous cross-
examination. However, no successful unearthings were made thereins, rather by
5 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -6-
the learned defence counsel, but suggestive, that the above testification(s), as
made by him, in his examination-in-chief, rather were either false, contrived or
concocted. Therefore, naturally immense evidentiary credit, is to be assigned to
the testification of PW-4. Resultantly, an inference is garnered, that the accused
and the deceased were last seen together by PW-4. Importantly since both the
accused and the accused were last seen together on the relevant night, whereas,
PW-4 on the subsequent morning discovered the body of the deceased in the
hotel. Moreover, when unrebutted evidence becomes adduced in proof of the
incriminatory facts (supra), besides when no plausible explanation becomes
rendered by the accused, about his absence from the crime site, subsequent to the
crime event. Resultantly, therebys also inference becomes erected, that as such
with the accused evidently fleeing from the crime site, thus his personifying
conduct inconsistent with his innocence. Therefore, the natural corollary thereof,
is that, the cogent link (supra) in the chain of incriminatory circumstances as
becomes erected by the prosecution against the accused, but obviously becoming
cogently established by the prosecution.
Signatured disclosure statement of convict Ram Mehar
Ex. P12
13. During the course of investigation, being made into the appeal FIR,
convict-appellant Ram Mehar, made a signatured disclosure statement, to which
Ex.P12 is assigned. The signatured disclosure statement, as made by the accused
is ad verbatim extracted hereinafter.
"x x x x x
I concealed blood stained t-shirt, iron pipe having T in the room of
house of my father in law Partap Singh and nobody except me knows about it. I
can get the same recovered from the house of my father in law Partap situated
at village Kairawali Distt. Sirsa after demarcation. I can also get demarcated
the place where I inflicted injury to Ali Khan and committed his murder.
6 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -7-
Disclosure statement of accused stands prepared. On disclosure statement,
aforesaid accused Ram Mehar and witnesses put their respective signatures.
x x x x x"
14. The disclosure statement (supra), carries thereons the signatures, of
the convict concerned. In his signatured disclosure statement (supra), convict
Ram Mehar, confessed his guilt in inflicting injuries on person of the deceased,
hence with the recovered weapon. The further speaking therein is qua his
keeping, and, concealing the incriminatory weapon of offence. Moreover, the
said signatured disclosure statement does also makes speakings about his alone
being aware about the location of his hiding and keeping the same, and, also
revealed his willingness to cause the recovery of the incriminatory weapon, to
the investigating officer concerned, from the place of his hiding, and, keeping the
same.
15. Significantly, since the appellant has not been able to either ably
deny his signatures as occur on Ex.P12 nor when he has been able to prove the
apposite denial. Moreover, since he has also not been able to bring forth tangible
evidence but suggestive that the recovery is either contrived or invented.
Therefore, the said memo is concluded to be holding the utmost evidentiary
tenacity.
16. Significantly also since post the making of the said signatured
disclosure statement, by the convict to the investigating officer concerned, the
convict concerned, through recovery memo Ex.P14, thus caused the recovery of
the weapon of offence to the investigating officer concerned. Consequently,
when the said made recovery is also not suggested by any cogent evidence to be
a planted recovery. Resultantly, the effect thereof, is that a valid recovery being
made vis-a-vis the incriminatory weapon of offence thus by the convict, to the
investigating officer concerned. In sequel, the making of the valid signatured
7 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -8-
disclosure statement, by the convict concerned, besides the pursuant thereto
effectuation of valid recovery of the incriminatory weapon of offence, thus by
the convict concerned, to the investigating officer concerned, but naturally
corroborates and supports the unblemished and credible last seen together
account (supra).
17. However, yet for assessing the vigor of the said made disclosure
statements and consequent thereto made recoveries, it apt to refer to the
principles governing the assigning of creditworthiness to the said made
disclosure statements and to the consequent thereto made recoveries. The
principles governing the facet (supra), become embodied in paragraphs Nos.23
to 27 of a judgment rendered by the Hon'ble Apex Court in Criminal Appeal
Nos.1030 of 2023, titled as "Manoj Kumar Soni V. State of Madhya Pradesh",
decided on 11.08.2023, relevant paragraphs whereof become extracted
hereinafter.
23. The law on the evidentiary value of disclosure statements
under Section 27, Evidence Act made by the accused himself seems
to be well established. The decision of the Privy Council in
Pulukuri Kotayya and others vs. King-Emperor holds the field even
today wherein it was held that the provided information must be
directly relevant to the discovered fact, including details about the
physical object, its place of origin, and the accused person's
awareness of these aspects. The Privy Council observed:
The difficulty, however great, of proving that a fact
discovered on information supplied by the accused is a relevant
fact can afford no justification for reading into s. 27 something
which is not there, and admitting in evidence a confession barred
by s. 26. Except in cases in which the possession, or concealment,
of an object constitutes the gist of the offence charged, it can
seldom happen that information relating to the discovery of a fact
forms the foundation of the prosecution case. It is only one link in
the chain of proof, and the other links must be forged in manner
allowed by law.
8 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -9-
24. The law on the evidentiary value of disclosure statements of co-
accused too is settled; the courts have hesitated to place reliance
solely on disclosure statements of co-accused and used them merely
to support the conviction or, as Sir Lawrence Jenkins observed in
Emperor vs. Lalit Mohan Chuckerburty, to "lend assurance to
other evidence against a co-accused". In Haricharan Kurmi vs.
State of Bihar, this Court, speaking through the Constitution Bench,
elaborated upon the approach to be adopted by courts when dealing
with disclosure statements:
13. ...In dealing with a criminal case where the prosecution
relies upon the confession of one accused person against another
accused person, the proper approach to adopt is to consider the
other evidence against such an accused person, and if the said
evidence appears to be satisfactory and the court is inclined to
hold that the said evidence may sustain the charge framed against
the said accused person, the court turns to the confession with a
view to assure itself that the conclusion which it is inclined to draw
from the other evidence is right.
25. In yet another case of discrediting a flawed conviction under
Section 411, IPC, this Court, in Shiv Kumar vs. State of Madhya
Pradesh overturned the conviction under Section 411, declined to
place undue reliance solely on the disclosure statements of the co-
accused, and held:
24. ..., the disclosure statement of one accused cannot be
accepted as a proof of the appellant having knowledge of utensils
being stolen goods. The prosecution has also failed to establish
any basis for the appellant to believe that the utensils seized from
him were stolen articles. The factum of selling utensils at a lower
price cannot, by itself, lead to the conclusion that the appellant
was aware of the theft of those articles. The essential ingredient of
mens rea is clearly not established for the charge under Section
411 IPC. The prosecution's evidence on this aspect, as they would
speak of the character Gratiano in Merchant of Venice, can be
appropriately described as, "you speak an infinite deal of
nothing." [William Shakespeare, Merchant of Venice, Act 1 Scene
1.]
26. Coming to the case at hand, there is not a single iota of
evidence except the disclosure statements of Manoj and the co-
accused, which supposedly led the I.O. to the recovery of the stolen
articles from Manoj and Rs.3,000.00 from Kallu. At this stage, we
must hold that admissibility and credibility are two distinct aspects
9 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -10-
and the latter is really a matter of evaluation of other available
evidence. The statements of police witnesses would have been
acceptable, had they supported the prosecution case, and if any
other credible evidence were brought on record. While the
recoveries made by the I.O. under Section 27, Evidence Act upon the
disclosure statements by Manoj, Kallu and the other co-accused
could be held to have led to discovery of facts and may be
admissible, the same cannot be held to be credible in view of the
other evidence available on record.
27. While property seizure memos could have been a reliable
piece of evidence in support of Manoj's conviction, what has
transpired is that the seizure witnesses turned hostile right from the
word 'go'. The common version of all the seizure witnesses, i.e.,
PWs 5, 6, 11 and 16, was that they were made to sign the seizure
memos on the insistence of the 'daroga' and that too, two of them
had signed at the police station. There is, thus, no scope to rely on a
part of the depositions of the said PWs 5, 6, 11 and 16. Viewed thus,
the seizure loses credibility.
18. Furthermore, in a judgment rendered by the Hon'ble Apex Court in
Criminal Appeal No.2438 of 2010, titled as "Bijender @ Mandar V. State of
Haryana", decided on 08.11.2021, the relevant principles governing the apposite
assigning of creditworthiness become set forth in paragraph 16 thereof,
paragraph whereof becomes extracted hereinafter.
16. We have implored ourselves with abounding
pronouncements of this Court on this point. It may be true that at
times the Court can convict an accused exclusively on the basis of
his disclosure statement and the resultant recovery of inculpatory
material. However, in order to sustain the guilt of such accused, the
recovery should be unimpeachable and not be shrouded with
elements of doubt. We may hasten to add that circumstances such as
(i) the period of interval between the malfeasance and the
disclosure; (ii) commonality of the recovered object and its
availability in the market; (iii) nature of the object and its relevance
10 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -11-
to the crime; (iv) ease of transferability of the object; (v) the
testimony and trustworthiness of the attesting witness before the
Court and/or other like factors, are weighty consideraions that aid
in gauging the intrinsic evidentiary value and credibility of the
recovery. (See: Tulsiram Kanu vs. The State; Pancho vs. State of
Haryana; State of Rajasthan vs. Talevar & Anr and Bharama
Parasram Kudhachkar vs. State of Karnataka).
19. Furthermore, in another judgment rendered by the Hon'ble Apex
Court in Special Leave Petition (Criminal) No.863 of 2019, titled as "Perumal
Raja @ Perumal V. State, Rep. By Inspector of Police", decided on 03.01.2024,
the relevant principles governing the apposite assigning of apposite
creditworthiness become set forth in paragraphs 22 to 25 thereof, paragraphs
whereof become extracted hereinafter.
22. However, we must clarify that Section 27 of the Evidence
Act, as held in these judgments, does not lay down the principle that
discovery of a fact is to be equated to the object produced or found.
The discovery of the fact resulting in recovery of a physical object
exhibits knowledge or mental awareness of the person accused of
the offence as to the existence of the physical object at the particular
place. Accordingly, discovery of a fact includes the object found, the
place from which it was produced and the knowledge of the accused
as to its existence. To this extent, therefore, factum of discovery
combines both the physical object as well as the mental
consciousness of the informant accused in relation thereto. In
Mohmed Inayatullah v. State of Maharashtra, elucidating on
Section 27 of the Evidence Act, it has been held that the first
condition imposed and necessary for bringing the section into
operation is the discovery of a fact which should be a relevant fact
in consequence of information received from a person accused of an
offence. The second is that the discovery of such a fact must be
deposed to. A fact already known to the police will fall foul and not
meet this condition. The third is that at the time of receipt of the
information, the accused must be in police custody. Lastly, it is only
11 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -12-
so much of information which relates distinctly to the fact thereby
discovered resulting in recovery of a physical object which is
admissible. Rest of the information is to be excluded. The word
'distinctly' is used to limit and define the scope of the information
and means 'directly', 'indubitably', 'strictly' or 'unmistakably'.
Only that part of the information which is clear, immediate and a
proximate cause of discovery is admissible.
23. The facts proved by the prosecution, particularly the
admissible portion of the statement of the accused, would give rise
to two alternative hypotheses, namely, (i) that the accused had
himself deposited the physical items which were recovered; or (ii)
only the accused knew that the physical items were lying at that
place. The second hypothesis is wholly compatible with the
innocence of the accused, whereas the first would be a factor to
show involvement of the accused in the offence. The court has to
analyse which of the hypotheses should be accepted in a particular
case.
24. Section 27 of the Evidence Act is frequently used by the
police, and the courts must be vigilant about its application to
ensure credibility of evidence, as the provision is vulnerable to
abuse. However, this does not mean that in every case invocation of
Section 27 of the Evidence Act must be seen with suspicion and is to
be discarded as perfunctory and unworthy of credence.
25. The pre-requisite of police custody, within the meaning of
Section 27 of the Evidence Act, ought to be read pragmatically and
not formalistically or euphemistically. In the present case, the
disclosure statement (Exhibit P-37) was made by the appellant -
Perumal Raja @ Perumal on 25.04.2008, when he was detained in
another case, namely, FIR No. 204/2008, registered at PS Grand
Bazar, Puducherry, relating to the murder of Rajaram. He was
subsequently arrested in this case, that is FIR. No.80/2008, which
was registered at PS Odiansalai, Puducherry. The expression
"custody" under Section 27 of the Evidence Act does not mean
formal custody. It includes any kind of restriction, restraint or even
surveillance by the police. Even if the accused was not formally
12 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -13-
arrested at the time of giving information, the accused ought to be
deemed, for all practical purposes, in the custody of the police.
20. Now the principles set forth thereins are that the defence, is required
to be proving;
i) That the disclosure statement and the consequent thereto
recovery being forged or fabricated through the defence proving that
the discovery of fact, as made in pursuance to a signatured
disclosure statement made by the accused to the investigating
officer, during the term of his custodial interrogation, rather not
leading to the discovery of the incriminatory fact;
ii) That the fact discovered was planted;
iii) It was easily available in the market;
iv) It not being made from a secluded place thus exclusively
within the knowledge of the accused.
v) The recovery thereof made through the recovery memo in
pursuance to the making of a disclosure statement, rather not being
enclosed in a sealed cloth parcel nor the incriminatory item enclosed
therein becoming sent, if required, for analyses to the FSL
concerned, nor the same becoming shown to the doctor concerned,
who steps into the witness box for proving that with the user of the
relevant recovery, thus resulted in the causings of the fatal ante
mortem injuries or in the causing of the relevant life endangering
injuries, as the case may be, upon the concerned.
vi) That the defence is also required to be impeaching the credit
of the marginal witnesses, both to the disclosure statement and to
the recovery memo by ensuring that the said marginal witnesses, do
make speakings, that the recoveries were not made in their presence
13 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -14-
and by making further speakings that they are compelled, tutored or
coerced by the investigating officer concerned, to sign the apposite
memos. Conspicuously, despite the fact that the said recovery
memos were not made in pursuance to the accused leading the
investigating officer to the site of recovery. Contrarily the recovery
memo(s) becoming prepared in the police station concerned.
vii) The defence adducing evidence to the extent that with there
being an immense gap inter se the making of the signatured
disclosure statement and the consequent thereto recovery being
made, that therebys the recovered items or the discovered fact,
rather becoming planted onto the relevant site, through a stratagem
becoming employed by the investigating officer.
21. Therefore, unless the said defence(s) are well raised and are also
ably proven, thereupon the making of a disclosure statement by the accused and
the consequent thereto recovery, but are to be assigned credence. Conspicuously,
when the said incriminatory link in the chain of incriminatory evidence rather is
also the pivotal corroborative link, thus even in a case based upon eye witness
account.
22. Be that as it may, if upon a prosecution case rested upon eye witness
account, the eye witness concerned, resiles therefrom his previously made
statement. Moreover, also upon his becoming cross-examined by the learned
Public Prosecutor concerned, thus the judicial conscience of the Court become
completely satisfied that the investigating officer concerned, did record, thus a
fabricated apposite previously made statement in writing, therebys the Courts
would be led to declare that the said made apposite resilings are well made
14 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -15-
resilings by the eye witness concerned, thus from his previously made statement
in writing.
23. Moreover, in case the Court, in the above manner, becomes satisfied
about the well made resilings by the eye witness concerned, to the crime event,
thereupon the Court may consequently draw a conclusion, that the recoveries
made in pursuance to the disclosure statement made by the accused, even if they
do become ably proven, yet therebys may be the said disclosure statement, and,
the consequent thereto made recoveries also loosing their evidentiary tenacity.
The said rule is not a straitjacket principle, but it has to be carefully applied
depending upon the facts, circumstances and evidence in each case. Tritely put in
the said event, upon comparative weighings being made of the well made
resilings, thus by the eye witness concerned, from his previously made statement
in writing, and, of the well proven recoveries made in pursuance to the
efficaciously proven disclosure statement rendered by the accused, the Court is
required to be drawing a conclusion, as to whether evidentiary tenacity has to be
yet assigned to the disclosure statement and the pursuant thereto recovery memo,
especially when they become ably proven and also do not fall foul from the
above stated principles, and/or to the well made resiling by the eye witness
concerned, from his previously recorded statement in writing. Emphatically, the
said exercise requires an insightful apposite comparative analyses being made.
24. To a limited extent also if there is clear cogent medical account,
which alike, a frailly rendered eye witness account to the extent (supra), vis-a-vis
the prosecution case based upon eye witness account rather unfolds qua the ante
mortem injuries or other injuries as became entailed on the apposite regions of
the body(ies) concerned, thus not being a sequel of users thereovers of the
recovered weapon of offence, therebys too, the apposite signatured disclosure
15 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -16-
statement and the consequent thereto recovery, when may be is of corroborative
evidentiary vigor, but when other adduced prosecution evidence, but also
likewise fails to connect the recoveries with the medical account, therebys the
said signatured disclosure statement and the consequent thereto recovery, thus
may also loose their evidentiary vigor. Even the said rule has to be carefully
applied depending upon the facts, circumstances, and, the adduced evidence in
every case.
25. However, in a case based upon circumstantial evidence when the
appositely made signatured disclosure statement by the accused and the
consequent thereto prepared recovery memos, do not fall foul, of the above
stated principles, therebys they acquire grave evidentiary vigor, especially when
in pursuance thereto able recoveries are made.
26. The makings of signatured disclosure statement and the consequent
thereto recoveries, upon able proof becoming rendered qua both, thus form firm
incriminatory links in a case rested upon circumstantial evidence. In the above
genre of cases, the prosecution apart from proving the above genre of charges,
thus also becomes encumbered with the duty to discharge the apposite onus,
through also cogently proving other incriminatory links, if they are so adduced in
evidence, rather for sustaining the charge drawn against the accused.
27. Consequently, since the statutory provisions enclosed in Section 25
of the Indian Evidence Act, provisions whereof becomes extracted hereinafter,
do not assign statutory admissibility to a simpliciter/bald confession made by an
accused, thus before the police officer, rather during the term of his suffering
custodial interrogation, but when the exception thereto, becomes engrafted in
Section 27 of the Indian Evidence Act, provisions whereof becomes extracted
hereinafter. Therefore, therebys when there is a statutory recognition of
16 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -17-
admissibility to a confession, as, made by an accused before a police officer, but
only when the confession, as made by the accused, before the police officer
concerned, but becomes made during the term of his spending police custody,
whereafters the said incriminatory confession, rather also evidently leads the
accused, to lead the investigating officer to the place of discovery, place whereof,
is exclusively within the domain of his exclusive knowledge.
"25. Confession to police-officer not to be proved.--No confession
made to a police-officer, shall be proved as against a person accused of any
offence.
Xxx
27. How much of information received from accused may be
proved.--Provided that, when any fact is deposed to as discovered in
consequence of information received from a person accused of any offence, in
the custody of a police-officer, so much of such information, whether it amounts
to a confession or not, as relates distinctly to the fact thereby discovered, may
be proved."
28. Significantly, it would not be insagacious to straightaway oust the
said made signatured disclosure statement or the consequent thereto recovery,
unless both fall foul of the above principles, besides unless the said principles
become proven by the defence. Contrarily, in case the disclosure statement and
the consequent thereto recovery enclosed in the respective memos, do not fall
foul of the above principles rather when they become cogently established to link
the accused with the relevant charge. Resultantly, if the said comprises but a
pivotal incriminatory link for proving the charge drawn against the accused,
therebys the snatching of the above incriminatory link from the prosecution,
through straightaway rejecting the same, but would result in perpetration of
injustice to the victim or to the family members of the deceased, as the case may
be.
29. Now coming to the facts at hands, since the disclosure statements
and the consequent thereto recoveries do become efficaciously proven by the
17 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -18-
prosecution. Moreover, when none of the marginal witnesses, to the said memos
become adequately impeached rather for belying the validity of drawings of the
memos nor also when it has been proven that the said memos are fabricated or
engineered, besides when it is also not proven that the recoveries (supra) did not
lead to the discovery of the apposite fact from the relevant place of hiding, thus
only within the exclusive knowledge of the accused.
30. Conspicuously also, when the said disclosure statement is but not a
bald or simpliciter disclosure statement, but evidently did lead to the making of
efficacious recovery(ies), at the instance of the accused, to the police officer
concerned.
31. Consequently, when therebys the above evidently proven
incriminatory facts, rather do not fall foul of the above stated/underlined
principles encapsulated in the verdicts (supra). Consequently, both the disclosure
statement, and, the consequent thereto recoveries, when do become efficaciously
proven, therebys theretos immense evidentiary tenacity is to be assigned.
Moreover, when the memos (supra) lend corroboration also to the medical
account, therebys through all the links (supra), the charge drawn against the
accused becomes proven to the hilt.
MEDICAL EVIDENCE (POST MORTEM REPORT)
32. The autopsy upon the body of deceased Ali Khan was conducted on
07.06.2017 by PW-8 and PW-12 (Dr. Sachin Brar). PW-8 has proven qua his,
authoring Ex.P7, as relates to the autopsy as made upon the body of deceased.
33. Moreover, he has proven that the cause of death of deceased Ali
Khan, was owing to injury to vital organs i.e. brain. All the injuries were
declared to be ante mortem in nature and were further declared to be sufficient to
18 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -19-
cause death in ordinary course of life. The relevant ante mortem injuries as
noticed by PW-8 on the body of deceased are extracted hereinafter.
"1. One incised wound of size 3x1 cm present over right eye
brow with fracture of underlined bone and large hematoma over
brain tissue with laceration of brain tissue over corresponding area
of brain.
2. Bruise of red colour of size 6x2 cm present over right side
of face, placed transversely.
3. Blacking of right eye with red tissue present on right eye.
4. Three incised wound of maximum size 7x1x1 cm present
over right side of Pareto-temporal region of scalp. On further
dissection underlined bone fracture was present. On further
dissection sub dural hematoma present over brain."
34. The incriminatory weapon(s) of offence(s) (Ex.P14) was shown to
PW-8, thus during the course of his making his testification(s), before the learned
trial Judge concerned. In his testification he has spoken that "the possibility of
injury leading to death caused by this pipe cannot be ruled out.". The effect of
the above, is that, especially when no efficacious cross-examination was made
upon the said prosecution witness, by the learned defence counsel, thus thereby,
the defence conceding qua the said ante mortem injuries declared in PMR were,
as such, inflicted on the relevant portion of the body of the deceased, with the
users thereons, rather by the accused-Ram Mehar, thus of the recovered pipe
(Ex.P14). Consequently, thereby medical evidence also corroborates the last
seeing together account, as well as the recovery memos (supra).
35. In aftermath, the arguments (supra), raised by the learned counsel
for the appellant that the recovered iron pipe was a blunt weapon, whereas, the
doctor declaring the fatal incised wounds to be the cause of death thereby there is
snapping of inter se connection inter se iron pipe (Ex.P-14) with the fatal incised
wounds, thus does not hold any vigor.
19 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -20-
FSL REPORT
36. Ex.P10 (blood stains collected with the help of cotton, blood stained
piece of Dari, piece of pillow cover and pieces of Niwar of cot having blood
stains) became sent to the FSL concerned, through C-Manoj. After examinations
being made at the FSL concerned, qua the contents of the sealed parcels, thus the
expert concerned, drew the hereinafter extracted results.
Xxx
Parcel No. No. & Seal impression Description of parcel(s)
1. 3-PK It contained exhibit-1a to 1d.
Exhibit-1a. Two blue cloth piece stained
with brownish stains.
Exhibit-1b. Two light brown cloth piece
stained with brownish stains.
Exhibit-1c. One cotton wool piece/swab
stained with brownish stains.
Exhibit-1d. Two checked cloth piece
stained with brownish stains.
2. 3-PK It contained exhibit 2.
Exhibit-2. One small grey plastic Niwar
piece stained with brownish stains.
3. 3-PK It contained exhibit-3
Exhibit-3. Cotton wool swab partially
stained with dark brown stains.
4. 3-PK It contained exhibit-4.
Exhibit-4. One multicolored Dari cloth
piece stained with dark brownish stains.
5. 5-Doctor It contained exhibit-5a to 5b.
Exhibit-5a. One multicolored striped T-
shirt stained with dark brownish stains.
Exhibit-5b. One blue jeans pants along-
with brown belt stained with few small
brownish stains.
6. 3-PK It contained exhibit-6
Exhibit-6. One multicolored striped shirt
stained with brownish stains.
7. 3-PK It contained exhibit-7.
20 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -21-
Exhibit-7. One all metallic hollow pipe
(approx. 59 cm.) having metallic 'T' part
at one end stained with few small brownish
stains.
LABORTORY EXAMINATIONS
Laboratory examinations were carried out to detect the presence of blood on
the exhibits through chemical tests. Blood thus detected was subjected to
serological tests to determine its species of origin & Group. Based upon these
examinations the results obtained are given below:-
1. Exhibit-1a (Cloth pieces), Exhibit-1b (Cloth pieces), Exhibit-1c (Cotton
wool piece/swab) 1d (Dari piece), Exhibit-5a (T-shirt), Exhibit-5b (Jeans
pants), Exhibit-6 (Shirt) and Exhibit-7 (Pipe) were stained with blood stains.
xxx
Results of Serological Analysis of blood
Sr. No. Name of Exhibit Origin Group
1a. Cloth pieces Human 'A'
1b. Cloth pieces Human 'A'
1c. Cotton wool piece/Swab Human 'A'
1d. Cloth pieces Human 'A'
2. Niwar piece Human" 'A'
3. Swab Human 'A'
4. Dari Human 'A'
5a. T-shirt Human 'A'
5b. Jeans pants Human 'A'
6. Shirt Human 'A'
7. Pipe Human 'A'
37. An analysis of the above made conclusions, as became drawn by the
experts concerned, working at the FSL concerned, and but after theirs examining
the contents of the sealed cloth parcels, as became sent there, does but naturally
bring forth an inference, that the prosecution has hence invincibly proven, that
the blood on the Pipe in fact was human blood. Therefore, irrespective of the fact
that the prosecution has been unable to bring forth evidence, that the blood
occurring on the Pipe was not belonging to the blood group of the deceased, yet
therebys the said stains of blood as occurring on the recovered Pipe thus are to be
concluded to be of the blood group of the deceased, especially when no evidence
became adduced by the defence, suggestive that the blood stains borne on Pipe
21 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -22-
rather not belonging to the blood of the deceased, thus through the defence
adducing the FTA card either of the deceased or of his family member.
38. Reiteratedly above medical evidence also supports the proven
incriminatory link (supra) as relates to the theory of last seeing together of the
accused with the deceased.
39. Therefore, also reiteratedly the submission (supra) of the learned
counsel for the appellant, when does not overcome the efficacy of the credible
propagation vis-a-vis the last seeing together of the accused and the deceased nor
also when it fails to overcome the efficacy of the signatured disclosure statement,
especially when in pursuance thereto the apposite recovery became effected to
the investigating officer. Therefore, the said submission completely looses its
vigor. Moreover, conspicuously besides reiteratedly when a 'T' was attached to
the weapon of offence, besides when upon the weapon of offence becoming
shown to the doctor, his opining that "the possibility of injury leading to death
caused by this pipe cannot be ruled out". Resultantly, it becomes invincingly
proven that the accused had caused the incised fatal injury on the person of the
deceased through the user of the recovered weapon of offence.
FINAL ORDER
40. In consequence, the impugned verdict of conviction, and, also
theconsequent therewith order of sentence, as becomes respectively recorded,
and, imposed, upon the convict-appellant by the learned trial Judge concerned,
do not suffer from any gross perversity, or absurdity of gross mis-appreciation,
and, non-appreciation of the evidence on record. In consequence, there is no
merit in the appeal, and, the same is dismissed. If the appellant is on bail,
thereupon he is ordered to be forthwith taken into custody, through the learned
trial Judge concerned, forthwith drawing committal warrants against the accused.
22 of 23
Neutral Citation No:=2024:PHHC:145850-DB
CRA-D-162-2023 (O&M) -23-
Case property, if any, be dealt with in accordance with law, but only after the
expiry of the period of limitation for the filing of an appeal.
41. Records be sent down forthwith.
(SURESHWAR THAKUR)
JUDGE
6.11.2024 (KULDEEP TIWARI)
Ithlesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable: Yes/No
23 of 23
