{"id":110535,"date":"2009-04-08T00:00:00","date_gmt":"2009-04-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sukhdeo-kumar-vs-state-of-jharkhand-on-8-april-2009"},"modified":"2015-12-14T22:04:22","modified_gmt":"2015-12-14T16:34:22","slug":"sukhdeo-kumar-vs-state-of-jharkhand-on-8-april-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sukhdeo-kumar-vs-state-of-jharkhand-on-8-april-2009","title":{"rendered":"Sukhdeo Kumar vs State Of Jharkhand on 8 April, 2009"},"content":{"rendered":"
Jharkhand High Court<\/div>\n
Sukhdeo Kumar vs State Of Jharkhand on 8 April, 2009<\/div>\n
                                       Cr. Appeal No. 502\/2001\n\n            [Against the judgment of conviction and the order of sentence dated 30.11.2001\n            passed by Shri Rakesh Ranjan Verma, learned Ist Additional Judicial\n            Commissioner, Khunti in S. T. No. 429\/1991.]\n\n            Sukhdeo Kumar                                                ..... Appellant\n                                                 Versus\n            The State of Jharkhand                                       ..... Respondent\n                                              -----\n                                         PRESENT\n                           HON'BLE MR. JUSTICE NARENDRA NATH TIWARI\n                              HON'BLE MR. JUSTICE PRASHANT KUMAR\n                                             -----\n            For the Appellant -     M\/s Manoj Kumar, Deepak Kumar\n            For the State     -     Mr. R.Mukhopadhyay, A.P.P\n                                             -----\n\nBy Court:         This criminal appeal has been preferred by the appellant against the<\/pre>\n
            judgment of conviction and the order of sentence dated 30.11.2001 passed by<\/p>\n
            Shri Rakesh Ranjan Verma, learned Ist Additional Judicial Commissioner, Khunti<\/p>\n
            in S. T. No. 429\/1991.\n<\/p>\n
            2.    The accused-appellant was charged for committing the murder of his wife-<\/p>\n
            Nirmala Devi and was prosecuted for committing an offence under Section 302<\/p>\n
            IPC. The Court below by the impugned judgment convicted the appellant under<\/p>\n
            Section 302 IPC and sentenced him to undergo R.I for life.<\/p>\n
            3.    The prosecution was launched on the basis of the F.I.R lodged by the<\/p>\n
            accused-appellant-Sukhdeo Kumar. According to the F.I.R, the prosecution case,<\/p>\n
            in short, is that while the appellant was going to Tata along with his wife on his<\/p>\n
            Silver Plus Moped No. BPV-5054, suddenly his Moped broke down and stopped<\/p>\n
            near Taimara Ghati. The appellant and his wife got down from the Moped. The<\/p>\n
            appellant started cleaning the plug etc of the vehicle. In the meanwhile, three<\/p>\n
            persons came and one of them gave a strong slap on the appellant’s face. The<\/p>\n
            appellant dashed against the Moped and sustained bleeding injuries on his head.<\/p>\n
            Thereafter, the appellant was dragged towards South from the road and two<\/p>\n
            persons dragged his wife towards the Jungle. The appellant was kept restrained<\/p>\n
            at the point of Bhujali and was robbed of Rs. 650\/-. The informant heard<\/p>\n
            screaming of his wife, but he was helpless. After some time, three persons came<\/p>\n
            from the side where they had taken his wife and fled away along with the person
\n                                         2<\/span><\/p>\n
who was holding the appellant. Thereafter, the appellant went towards the<\/p>\n
Jungle and found the neck of his wife slit and dead. The appellant raised alarm.<\/p>\n
Several persons including some drivers and cleaners of the vehicles plying on the<\/p>\n
road came there and helped the appellant to take him to Taimara T.O.P and<\/p>\n
where he informed about the occurrence.\n<\/p>\n
4.    An F.I.R was drawn up on his statements and, thereafter, the case was<\/p>\n
investigated into. On conclusion of the investigation, the police submitted charge<\/p>\n
sheet under Section 302 IPC against the appellant for killing his wife and making<\/p>\n
false, fabricated and concocted statements before the Police in order to cover up<\/p>\n
his misdeed.\n<\/p>\n
5.    Charge under Section 302 IPC was framed against the appellant. The<\/p>\n
appellant denied the charge and claimed to be tried. He was put on trial. In his<\/p>\n
examination under Section 313 Cr.P.C. he denied to have committed any<\/p>\n
offence.\n<\/p>\n
6.    The prosecution in order to establish the charge against the appellant,<\/p>\n
altogether examined four witnesses. PW-1-Prabhu Lal Prajapati is the father of<\/p>\n
the deceased, PW-2-Santosh Kumar Prajapati is the son of the deceased. PW-3-<\/p>\n
Rajendra Prajapati is the uncle of the deceased. PW-4-Dr. Ajit Kumar Chaudhary<\/p>\n
had conducted post mortem examination on the dead body of the deceased.<\/p>\n
7.    Learned Trial Court on conclusion of the trial held the appellant guilty of<\/p>\n
the charge under Section 302 IPC on the basis of the materials on record. He<\/p>\n
found that there was strained relationship between the appellant and his wife<\/p>\n
Nirmala Devi and in order to get rid of his wife he finished her in a well<\/p>\n
deliberated plan and concocted a story in order to save his skin. Learned Court<\/p>\n
below, thus, convicted the appellant under Section 302 IPC and sentenced him<\/p>\n
to undergo rigorous imprisonment for life.\n<\/p>\n
8.    Learned counsel for the appellant has assailed the said judgment of the<\/p>\n
Court below and submitted that there is not even an iota of evidence, either<\/p>\n
direct or circumstantial, on the point of homicidal death and that too, a culpable<\/p>\n
homicide amounting to murder of Nirmala Devi by the accused-appellant. The
\n                                         3<\/span><\/p>\n
entire judgment is based on mere suspicion. Learned Trial Court has come to the<\/p>\n
conclusion on only consideration that there was strained relationship between<\/p>\n
the appellant and his wife Nirmala Devi and that in the past there was a divorce<\/p>\n
case and a maintenance case between them. Except the allegation and evidence<\/p>\n
of strained relationship, there is no material\/evidence on record to support the<\/p>\n
charge of murder of Nirmala Devi by the appellant. Learned counsel submitted<\/p>\n
that this is a case of no evidence and learned Trial Court has committed serious<\/p>\n
error of law as well as of the fact holding the appellant guilty of the said charge<\/p>\n
and convicting and sentencing him under Section 302 IPC.<\/p>\n
9.    Learned A.P.P tried to support the impugned judgment of learned Trial<\/p>\n
Court. He urged that on perusal of the evidences on record, it is evident that for<\/p>\n
the past several years there was strained relationship between the appellant and<\/p>\n
his wife. The father and the uncle of the deceased, PW-1 and PW-3, have proved<\/p>\n
the said fact. Even the son of the appellant-PW-2, who was a child of about 10-<\/p>\n
year-old at the time of the alleged occurrence and at the time of trial aged about<\/p>\n
20 years, has corroborated the said fact. The appellant’s son-PW-2 has also<\/p>\n
stated that there was strained relationship between the appellant and Nirmala<\/p>\n
Devi. The circumstance of taking away the deceased by three unknown persons<\/p>\n
inside the Jungle with no sign of ravishment and no removal of her ornaments is<\/p>\n
also a strong circumstance which goes to definitely point out towards the guilt of<\/p>\n
the appellant. Learned Trial Court on the basis thereof has rightly concluded that<\/p>\n
nobody else than the appellant is the author of the murder of Nirmala Devi.<\/p>\n
10.   Having heard learned counsel for the appellant and learned A.P.P, we<\/p>\n
meticulously appraised the evidences on record. On reading the evidence of PW-<\/p>\n
1, who is the father of the deceased, we find that he has only stated about the<\/p>\n
strained relationship between his daughter and the appellant. In paragraph 3 of<\/p>\n
his deposition he has stated that after sometime of marriage a divorce suit was<\/p>\n
filed by the appellant against the deceased Nirmala Devi which was later on<\/p>\n
compromised. In paragraph 3 he has deposed that a child was born out of their<\/p>\n
wedlock. He further deposed that on two-three occasions the appellant was
\n                                         4<\/span><\/p>\n
called on false pretext of illness of Nirmala Devi and she was forcibly sent with<\/p>\n
him. He stated that he got a letter that the appellant had kept Nirmala Devi<\/p>\n
elsewhere and performed second marriage. In paragraph 7 he has stated that on<\/p>\n
27.11.90 he was informed through a Telegram that his daughter was murdered.<\/p>\n
In paragraph 10 he has stated about the maintenance case which was also<\/p>\n
subsequently settled. PW-2 is the son of the appellant and the deceased Nirmala<\/p>\n
Devi. In paragraph 1 of his deposition he has stated that the relationship<\/p>\n
between his father and mother was not cordial. There were frequent quarrel. He<\/p>\n
has not stated anything relating to murder of his mother by the appellant. PW-3<\/p>\n
is the uncle of the deceased Nirmala Devi. In paragraph 1 of his deposition he<\/p>\n
has corroborated the allegation and fact that there was strained relationship<\/p>\n
between the appellant and Nirmala Devi and that there was a case of divorce.<\/p>\n
Subsequently, he came to know that she was murdered. He has also not uttered<\/p>\n
anything regarding murder of Nirmala Devi by the appellant. The Doctor-PW-4<\/p>\n
who conducted the post mortem examination on the dead body of Nirmala Devi<\/p>\n
has proved that there were several injuries on the person of the deceased<\/p>\n
Nirmala Devi. He found a number of abrasions and incised wounds on the dead<\/p>\n
body of Nirmala. From his evidence, it is evident that there were grievous injuries<\/p>\n
on the neck, cervical vertebra, chin and abdomen on the dead body of the<\/p>\n
deceased, caused by sharp cutting weapon. According to his opinion, all the<\/p>\n
injuries were ante mortem and the cause of death was shock and hemorrhage.<\/p>\n
On perusal of the record, we find that in examination under Section 313 Cr.P.C,<\/p>\n
the appellant was asked to explain the allegation and the circumstance under<\/p>\n
which he murdered his wife by causing grievous injuries on her person with<\/p>\n
sharp cutting weapon. The appellant denied the said allegation.<\/p>\n
11.   Thus, after close scrutiny of the said evidences, we do not find even an<\/p>\n
iota of evidence in support of the allegation against the appellant of killing his<\/p>\n
wife Nirmal Devi. The prosecution witnesses have not uttered any word in<\/p>\n
support of the same. Learned Trial Court only on the basis of the suspicion has<\/p>\n
erroneously found the appellant guilty of committing murder of his wife.
\n                                                     5<\/span><\/p>\n
           Questions regarding the said suspicion and circumstance, which have been used<\/p>\n
           for convicting and sentencing the appellant, were not put to him during his<\/p>\n
           examination under Section 313 Cr.P.C. In Ajay Singh Vs. State of<\/p>\n
           Maharashtra reported in (2007) 12 SCC 341 it has been held by the Hon’ble<\/p>\n
           Apex Court that a circumstance which has not been put to the accused and he<\/p>\n
           was not given an opportunity to explain the said circumstance, the same cannot<\/p>\n
           be used for convicting him. That apart, except the strong suspicion against the<\/p>\n
           appellant gathered from the past relationship, institution of divorce case and<\/p>\n
           maintenance case, there is no direct or circumstantial evidence to establish that<\/p>\n
           the appellant and the appellant alone was the author of the murder of his wife.<\/p>\n
           It is well settled that that a suspicion, however strong, cannot take place of an<\/p>\n
           evidence and on that basis the accused cannot be convicted. Learned Court<\/p>\n
           below has, thus, committed serious error of law as well as of the fact in using<\/p>\n
           the said suspicion as a substituted evidence in convicting and sentencing the<\/p>\n
           appellant. We find no other material or ground for conviction of the appellant.<\/p>\n
           The ground on which the appellant has been convicted by learned Court below is<\/p>\n
           not sustainable in law and the impugned judgment of conviction and the order of<\/p>\n
           sentence based thereon cannot be upheld.\n<\/p>\n
           12.    In the result, we allow this criminal appeal. The appellant is acquitted of<\/p>\n
           the charge levelled against him. The impugned judgment of conviction and the<\/p>\n
           order of sentence dated 30.11.2001 passed against the appellant by Shri Rakesh<\/p>\n
           Ranjan Verma, learned Ist Additional Judicial Commissioner, Khunti in Sessions<\/p>\n
           Trial No. 429\/1991 are set aside. As the appellant is in custody, he is ordered to<\/p>\n
           be set at liberty forthwith, if not wanted in any other case.<\/p>\n
                                                     (NARENDRA NATH TIWARI, J)<\/p>\n
                                                        (PRASHANT KUMAR, J)<\/p>\n
Jharkhand High Court, Ranchi
\nDated 8.4.2009
\nS.K\/NAFR\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Jharkhand High Court Sukhdeo Kumar vs State Of Jharkhand on 8 April, 2009 Cr. Appeal No. 502\/2001 [Against the judgment of conviction and the order of sentence dated 30.11.2001 passed by Shri Rakesh Ranjan Verma, learned Ist Additional Judicial Commissioner, Khunti in S. T. No. 429\/1991.] Sukhdeo Kumar ….. Appellant Versus The State of Jharkhand […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,18],"tags":[],"class_list":["post-110535","post","type-post","status-publish","format-standard","hentry","category-high-court","category-jharkhand-high-court"],"yoast_head":"\nSukhdeo Kumar vs State Of Jharkhand on 8 April, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sukhdeo-kumar-vs-state-of-jharkhand-on-8-april-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sukhdeo Kumar vs State Of Jharkhand on 8 April, 2009 - 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