Deokinandan Jaiswal was business man lives in his own house which is
situated village Dumarbana of Bairgania in the district of Muzaffarpur. Achheylal,
Ram Bachan, Jogender and Ram Surat were his personal servant. One day the
Jaiswal had received Fifteen thousand Rupees from his partner Nathan Mary in
the presence of his Achheylal and Ram Bachan as the amount was handed over to
Jaiswal in the form of different currency notes Ram Bachan as well as Achheylal
were asked by him to count the amount. The amount was then put in different
bundles by Jaiswal as well as to it was added another amount of Two thousand
Rupees which he took out from his safe. The two bundles were then put together
in a bigger bundle as well as to it was attached a slip containing his
signature with date.
Jaiswal handed over the amount of Seventeen Thousand
Rupees put in two bundles to his wife Damyanti Devi, as well as she put the
bundles into the iron safe which had been kept at the first floor of the house
in the room adjoining the bed-room. Functions was organised by the Bharat Sevak
Samaj in the village and Jaiswal was the convener in regard to the functions.
He had to atend to the delegates who had come to the village for the functions.
Jaiswal used to return home but on the night the function went on late as well
as Jaiswal slept at the Dharamshala where the function took 'Place and did not
return home but Damvanti Devi was left alone in the house on the first floor
and her only companion was her child Mina. Damyanti Devi retired to her bed room
with her little child and on the ground floor they were sleeping three of the
persons, Achheylal, Ram Bachan and Jogender Singh Ram Surat was on leave, so
that out of the four servants employed by Jaiswal, three were sleeping on the
premises. The cook of the family Batahu was sleeping in a verandah attched to
the motor garage.
Batahu was awakened by Achheylal who to him that the door of the hall was open. Achheylal went on the first floor and found that Damyanti Devi was lying dead in a pool of blood. There were cut injuries in her neck which had caused severe bleeding. The little girl Mina was fast asleep. The bundles of currency notes had been removed by the miscreants who had committed the murder of Damyanti Devi.
The confessions made by three of six persons, the recovery of the stolen property and discovery of bloodstained clothes in respect of the two appellants. There is no direct evidence to show when as well as by whom the offence was committed. The confessional statements in regard to the commission of the offence the part played by each one of the accused persons.
The Sessions Court Muzaffarpur, who tried the case, found all the six accused persons guilty of the offence charged.The Haricharan Kurmi and Jogia Hajam were charged along with four other persons with having committed an offence punishable under section 396 of the Indian Penal Code, in that during the night they committed dacoity in the house of Deokinandan Jaiswal, and during the course of the dacoity, they committed the murder of Damyanti Devi, wife of the Deokinandan Jaiswal. The names of the four other accused persons are Ram Bachan Ram, Joginder Singh, Ram Surat Choudhury and Achheylal Choudhury.
This order of conviction and sentence was challenged by the six accused persons by appeals before the Patna High Court. The High Court has held that the session Court Judge was right in convicting five of the six appellants because, in its opinion, the evidence led by proved the charge against them beyond reasonable doubt. In regard to Joginder Singh the High Court was not inclined to agree with the conclusion of the trial Judge and gave the benefit of doubt to him.
The confession made by the co-accused Ram Surat Choudhury as substantive evidence against them. This course adopted by the High Court in dealing with the case of the appellants on the basis of the confession made by the co- accused person is, it is urged, inconsistent with the consensus of judicial opinion in regard to the true scope and effect of section 30 of the Indian Evidence Act.
This rule has been discharged in regard to Joginder Singh who has been acquitted, as well as Ram Bachan Ram, Ram Surat Choudhury and Achheylal Choudhury, and the' sentence of imprisonment for life imposed on them by The Session Court has been confirmed.
The High Court held that the sentence of imprisonment for life imposed on them should be enhanced to that of death. The rule against them was made absolute as well as they have been ordered to be hanged.
The confession made by Ram Surat has been found to be voluntary, and true the confessional statement in regard to the part played by the two appellants may also be true as well as in that sense, the confession may raise a serious suspicion against the accused. But the true legal approach must be adopted and suspicion. Grave, must not be allowed to take the place of proof. In criminal trials, there is no scope for applying the principle of moral conviction or grave suspicion.
The Supreme Court allowed the appeals and the orders of conviction and sentence passed against the two appellants Haricharan Kurmi and Jogia Hajam are set aside and the accused are ordered to be acquitted.
Post a Comment