Raj Kumari vs State of H.P.

Kuldip Singh, Judge

This judgement shall dispose of Cr.MP(M) Nos. 641 and 655 of 2012, u/s 439 Cr.P.C. filed by Raj Kumari and Subhash Chand, respectively for releasing them on bail in FIR No. 129/2011 dated 11.8.2011, under sections 364, 302, 201, 34 IPC and sections 3(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. It has been stated that petitioner Raj Kumari was arrested on 12.8.2011 and petitioner Subhash Chand was arrested on 13.8.2011 and since then both of them are in custody. The prosecution case is that on 11.8.2011 Sukhdei informed the police on telephone that Ruchi Kant, Anil Kumar, Asha Devi, Subhash Chand and petitioners gave beatings to Ramesh Chand, abducted and concealed him. They have been falsely implicated merely for their misfortune as they were present in the house at the time of alleged incident.

The bail application of petitioner Raj Kumari has been dismissed by the learned Sessions Judge, Hamirpur on 19.11.2011. Raj Kumari thereafter filed another bail application, which was also dismissed by the learned Sessions Judge, Hamirpur on 16.2.2012. The bail application of Raj Kumari being Cr.MP(M) No. 222 of 2011 has also been dismissed by the High Court on 22.3.2012.

The petitioner Subhash Chand also filed bail application before the learned Sessions Judge, Hamirpur, but he did not press the application and, therefore, his application was dismissed on 3.1.2011. Subhash Chand filed another bail application, which was dismissed by the learned Sessions Judge on 16.2.2012. The petitioners are innocent. They have committed no offence, but they are in jail for the last about one year. The evidence collected by the prosecution nowhere reveals that petitioners were actively involved in giving beatings to the deceased.

The trial has not commenced as yet. The petitioner Subhash Chand before his arrest was working in the office of Regional Project Director, MHWDP, Bilaspur as Senior Assistant. The petitioners are entitled to speedy trial. The case has not been committed to the trial court as one co-accused is an army personnel and the consent of the army authorities was called for his trial, but till date no such consent has been received nor formal order of committal has been passed by the learned Magistrate. The submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr.MP(M) No. 641 of 2012. It has been stated that on 11.8.2011 Sukhdei on telephone informed police station, Bhoranj that her husband has been given beatings by Ruchi Kant, Anil Kumar, Subhash Chand, Raj Kumari, Asha Devi and he was concealed. SI Des Raj reached the spot and recorded statement of Sukhdei. She has stated that her husband Ramesh Chand had purchased 15 marlas land in April 2011 from Roshan Lal. Subhash Chand, Raj Kumari, Ruchi Kant, Anil Kumar, Asha Devi became inimical on account of purchase of land by Ramesh Chand.

On 16.4.2011, the complainant and her son were beaten up by Anil and Ruchi Kant and a case is pending. On the date of occurrence, Ramesh Chand had gone to his shop and again went to his shop at about 3.00 p.m. after taking meals in the house, he did not return till 7.45 p.m. The complainant from her courtyard tried to look out her husband, she heard the cries of her husband near the house of Subhash Chand. Rekha Devi told what she was looking, Ramesh Chand was being given beatings below by Subhash Chand his family members. The complainant, Dina Nath Sharma, Braham Dass, Gian Chand and 3-4 women reached the house of Subhash Chand and saw fresh blood inside the gate, courtyard and walls of the house of Subhash Chand. There were blood drops on the passage going towards Joh. The complainant rang up police station, Bhoranj and searched her husband near the house of Subhash Chand, but he could not be traced. The complainant stated that her husband has been concealed somewhere by Ruchi Kant, Anil Kumar, Subhash Chand, Raj Kumari and Asha Devi or they had kidnapped him in order to commit his murder. On this case was registered.

There were rains, Ramesh Chand could not be traced either dead or alive. The investigation continued. It has come in investigation that there was old enmity between Ramesh Chand and his family with the accused due to purchase of 15 marlas land by Ramesh Chand from Roshan Lal, which land Subhash Chand and his family members wanted to purchase. On account of this reason, on 16.4.2011 Anil Kumar, Ruchi Kant gave beatings to Purshotam and complainant and a case was registered at police station, Bhoranj and is pending in the court.

On the date of occurrence at 7.45 p.m., Ramesh Chand was crossing through the passage adjacent to the house of Subhash Chand. Subhash Chand, Anil Kumar, Ruchi Kant were sitting in their verandah, Nazirdeen was also sitting with them in connection with his business of sale and purchase of buffaloes. Raj Kumari and Asha Devi were also in the courtyard. On seeing Ramesh Chand crossing the passage, Subhash Chand, Ruchi Kant, Anil Kumar came out from their verandah and followed Ramesh Chand, gave him beatings and pulled him inside their gate in the courtyard. Raj Kumari and Asha Devi were also in the courtyard. They gave beatings with kicks and fist blows to Ramesh Chand, as a result of which, blood came out from the injuries sustained by Ramesh Chand which fell in the courtyard and on the walls. Ramesh Chand cried for help. Baby Sharma whose house is adjacent to the house of Subhash Chand saw accused giving beatings to Ramesh Chand. She told the incident to Pushpa, who also heard Ramesh Chand crying for help. Pushpa telephonically informed Rekha wife of Prem. The complainant also heard the cries of Ramesh Chand. The complainant reached the spot alongwith other persons. The complainant at that time came to know that Subhash Chand, Ruchi Kant and Anil Kumar took Ramesh Chand towards "chand khad". Asha Devi and Raj Kumari followed them.

Ramesh Chand could not be traced on 11.8.2011. Raj Kumari, Ruchi Kant and Asha Devi were arrested on 12.8.2011. Subhash Chand was also arrested on 13.8.2011 and Anil Kumar was arrested on 15.8.2011. Anil Kumar made disclosure statement, u/s 27 of Evidence Act and thereupon neck, head, arms, legs and parts of stomach portion of Ramesh Chand were recovered near "chand khad". On 16.8.2011, Anil Kumar made another disclosure statement and got recovered portions of human body. The post mortem was got conducted. On the statement of Anil Kumar, Drat used for cutting various parts of the body of Ramesh Chand was also recovered. On 14.9.2011 from the field of Parkasho Devi, human skull type bone was recovered. Some portions of the body of deceased could not be traced, which were found to be thrown by the accused in running khad. The mobile phone SIM of Ramesh Chand was also recovered near the house of the accused. The reports have been received and it has been found that accused murdered Ramesh Chand on 11.8.2011 at about 7.45 p.m. The challan has been submitted on 8.11.2011. Asha Devi has been released on bail on 31.10.2011 on account of her pregnancy and child aged 21/2 years.

Ruchi Kant is serving in Army and, therefore, the committal court has written to the concerned army authorities u/s 475 Cr.P.C. The submission has been made for rejection of bail application.

Heard and perused the record. The learned counsel for the petitioners has submitted that petitioners are innocent. They have been falsely implicated in the case simply for the reason that they were present in the house at the time of alleged occurrence. The challan has been submitted in the court on 8.11.2011, but case has not been committed as yet. The committal court is corresponding with the army authorities u/s 475 Cr.P.C. The petitioners are entitled to speedy trial. The petitioners were arrested on 12/13.8.2011 and for the last about one year they are inside the jail without any progress of the case.

There are serious allegations against the petitioners. The prosecution cannot be blamed for the further progress of the case. The challan has been submitted in the court on 8.11.2011. The Supreme Court in Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu Yadav and Another, has held as follows:-

...In such cases, in our opinion, the mere fact that the accused has undergone certain period of incarceration (three years in this case) by itself would not entitle the accused to being enlarged on bail, nor the fact that the trial is not likely to be concluded in the near future either by itself or coupled with the period of incarceration would be sufficient for enlarging the appellant on bail when the gravity of the offence alleged is severe and there are allegations of tampering with the witnesses by the accused during the period he was on bail.

According to prosecution, Ramesh Chand was mercilessly beaten by the accused and his dead body was cut into pieces and thrown, concealed or buried at di fferent places. According to the prosecution, the accused wanted to purchase the land, which deceased Ramesh Chand had purchased from Roshan Lal and this was the cause of dispute. Some of the accused gave beatings to complainant and her son Purshotam earlier and a case to this effect is already pending in the court. According to prosecution the accused are influential persons and in case they are released on bail they will influence the prosecution witnesses. The petitioners, therefore, are not entitled to the indulgence of bail. In these circumstances, both the petitions are dismissed. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.