Rajasthan High Court – Jodhpur
State vs Fateh Lal on 23 July, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:31061-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Appeal No. 310/2007
State of Rajasthan
----Appellant
Versus
Fateh Lal son of Geeshu Lal Ji, R/o Sinhar, Nathdwara, P.S.
Nathdwara, District Rajsamand.
----Respondent
For Appellant(s) : Mr. Ramesh Dewasi, PP
For Respondent(s) : Mr. Sudhir Saruparia
Mr. Vikram Choudhary (Amicus
Curiae)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON’BLE MR. JUSTICE SUNIL BENIWAL
Judgment
Reserved on : 14/07/2025
Pronounced on : 23/07/2025
(PER HON’BLE BENIWAL, J.)
1. This appeal has been preferred laying a challenge to the
judgment of acquittal dated 19.09.2005 passed by the learned
Additional Sessions Judge, Nathdwara, in Sessions Case
No.27/2003 (State of Rajasthan Vs. Shri Fateh Lal), whereby the
accused-respondent, namely, Fateh Lal has been acquitted of the
charges under Sections 302 and 201 IPC.
2. The matter pertains to an incident which had occurred in the
year 2003 and the present appeal has been pending since the year
2007.
3. The facts in nutshell are that an FIR was lodged by the
complainant Ganesh Lal with allegation that on 08.08.2003 at
around 7.00 A.M., he saw some smoke coming out from the house
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of one Rang Lal Mahajan. Some persons were gathered outside
the house of Rang Lal Mahajan, however, his house was locked.
Later, his brother Fateh Lal got the keys and opened the door. He
along with other persons entered the house, wherein Rang Lal
Mahajan was lying dead and blood was oozing out from his nose.
His hand was lying on the pillow and smoke was also coming out
of the burnt pillow. It was reported that someone murdered Rang
Lal and has locked his house.
3.1. On the said report being filed, police started investigation
and after completing investigation, charge-sheet was filed against
the accused-respondent for the offences under Sections 302 and
201 IPC to which he denied and sought for trial. The learned Trial
Court on the basis of the charges framed against the accused-
respondent examined as many as 23 prosecution witnesses, 35
documents and two defence witnesses. After examining the entire
record, the learned Trial Court proceeded to acquit the accused-
respondent for the offences alleged against him.
4. Learned counsel for the appellant-State while challenging the
impugned judgment made the following submissions:-
(i) the deceased Rang Lal and accused Fateh Lal were real
brothers. When smoke was seen coming out of the house of Rang
Lal, the complainant-Ganesh Lal and other persons enquired about
the keys of the house and at that point, accused Fateh Lal stated
that he had a second key. Thereafter, lock was opened by Fateh
Lal and therefore, it is clear that it was Fateh Lal who committed
the murder of his brother Rang Lal and locked the house;
(ii) the motive behind the above crime is apparent as Rang Lal
had renounced the world and had become a ‘Sadhu’. The accused-
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Fateh Lal was having eyes on the property belonging to Rang Lal
and he wanted to grab the share of Rang Lal and, therefore, he is
the only person who could have benefitted from the above crime.
Therefore, the surrounding circumstances also point towards the
involvement of the accused-respondent in the crime in question;
and
(iii) the bloodstained clothes of the accused-respondent after
recovery were sent to Forensic Lab and as per the FSL Report (Ex.
P/20), the bloodstains found on the clothes of accused-respondent
matched the blood group of deceased Rang Lal which further
connects the accused-respondent to the crime.
4.1 On the basis of the above submissions, learned counsel
appearing for the appellant-State submitted that the prosecution
was able to fully establish the circumstances in which accused-
respondent committed the crime. Though, there was no eye-
witness to the incident, however, the chain of circumstances
clearly establish the fact that it was the accused-respondent who
murdered Rang Lal in order to grab his property. Despite such
evidence being available on record, the learned Trial Court
committed serious error in acquitting the accused-respondent and,
therefore, submitted that the impugned judgment deserves to be
reversed and the accused-respondent be convicted for the
offences under Sections 302 and 201 IPC.
5. Per contra, learned counsel appearing for the accused-
respondent made the following submissions:-
(i) though it is undisputed that the deceased Rang Lal and
accused-respondent Fateh Lal were real brothers, however, there
was no property dispute between the brothers as Rang Lal had
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[2025:RJ-JD:31061-DB] (4 of 12) [CRLA-310/2007]already renounced and relinquished all his share in property in
favour of Fateh Lal and therefore, the motive which the
prosecution has shown is not at all established in order to connect
the accused-respondent with the crime. Further, DW-1 Shankar Lal
has deposed that deceased and accused had cordial relationship.
The Investigation Officer in the present case has also deposed that
there was no property dispute between the accused-respondent
and the deceased Rang Lal;
(ii) the bloodstained clothes as recovered from the accused-
respondent also do not support the prosecution story as these
bloodstains were sustained by accused when the body of the
deceased Rang Lal was shifted from house to ambulance and
thereafter to hospital. The accused-respondent helped to shift the
deceased and since blood was oozing out from the body of Rang
Lal, the accused-respondent also sustained some bloodstains on
his clothes. This factum of accused-respondent being present at
the spot when the ambulance came was supported by prosecution
witness namely PW-1 Ganesh Lal;
(iii) PW-7 Ratan Lal is last seen witness and he deposed that at
around 6-7 P.M. on the previous day of incident, he had seen that
one Shankar Gameti and deceased Rang Lal were consuming
Ganja and there was some quarrel between them. Even this last
seen witness do not support the prosecution story as accused-
respondent was not present when such quarrel took place
between Shankar Gameti and Rang Lal. Other than this witness,
the prosecution has not produced any evidence to show that
accused and deceased were last seen together; and
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(iv) the bloodstained clothes were recovered two days after the
incident and meanwhile, they were already washed and, therefore,
the FSL report with regard to the bloodstained clothes becomes
highly doubtful and loses its credibility.
5.1 In response to the issue of having key, learned counsel for
the accused-respondent submitted that Ranglal was Sadhu and
he, on and off, keep coming and going oaut of the house and they
had two keys, one with Ranglal and other with accused-
respondent Fatehlal.
5.2 Learned counsel appearing for the respondent while relying
on the above submissions submitted that prosecution has
completely failed to connect each dot so as to finally connect the
accused-respondent with the crime. The chain of circumstances at
every stage is full of doubt and, therefore, prosecution has
completely failed, not only to connect the circumstances but even
to prove its case beyond all reasonable doubt so as to convict
accused-respondent under Section 302 IPC. Counsel thereafter
submitted that the learned Trial Court has appreciated the entire
record, so also the prosecution witnesses and rightly reached to
the conclusion that prosecution has failed to establish its case
beyond reasonable doubt so as to convict the accused-respondent
under Sections 302 and 201 IPC.
6. Heard learned counsel for the parties and perused the
material available on record.
7. In view of the submissions made by the respective parties, it
clearly emerges out that the present case is based totally on
circumstantial evidence. A complete chain of circumstances needs
to be established to prove guilt of an accused so as to convict the
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accused for offence under Section 302 IPC. In the present case,
the last-seen witness PW-7 Dr. Ramesh Chandra has deposed that
he had seen Rang Lal at around 6-7 p.m., the day before the
incident, however, this witness does not support the prosecution
story as the accused-respondent was not present in the evening,
day before when some quarrel took place between Rang Lal and
one Shankar Gameti. That being so, the prosecution has not been
able to establish or to connect the accused-respondent based on
‘last seen theory’.
8. As far as the motive as alleged by the prosecution against
the accused-respondent for committing the crime is concerned, it
is to be noted that the Investigation Officer has categorically
deposed that there was no property dispute between the deceased
and the accused-respondent. That apart, there is no evidence on
record to hint any dispute pending between the brothers. It is
noted that the Investigating Officer has been examined twice as
prosecution witness as PW-15 and PW-23. The Investigating
Officer (PW-23) has stated that the deceased had already
transferred his property in favour of accused-respondent vide
Ex.C/1. The fact that the deceased Rang Lal who had already
renounced the world and was a Sadhu coupled with the fact that
all the property rights, whatsoever, were already transferred in
favour of the accused-respondent, clearly reflects that there was
nothing to indicate that accused Fateh Lal had any ill-intention to
kill his brother Rang Lal.
8.1 PW-2 Ganesh has also deposed that Rang Lal was residing in
back portion of the house of the accused and Rang Lal often used
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to stay and sleep with him and thus, the relations between the
two were cordial.
9. The statement of PW-1 Ganesh Lal, who is the first
informant, is self-contradictory. At one point of time, he stated
that Fateh Lal opened the lock and then they went and saw Rang
Lal lying dead with blood oozing out from his nose. At the same
time, in the cross-examination, he stated that when police arrived
at the house of deceased, the same was locked from outside. Such
contradictory statement makes the deposition unreliable. It is to
be noted that PW-2 Ganesh, PW-3 Mangi Lal, PW-10 Mangi Lal,
PW-11 Ranglal S/o Kalulal and PW-12 Manna Lal turned hostile
and, therefore, the prosecution story itself becomes weak.
Coupled with this, the key witness of the prosecution i.e. PW-7
Ratanlal to establish ‘last seen’ theory also does not support the
prosecution story as Rang Lal was last seen with Shankar Gameti
and not with the accused-respondent. The statement of PW-5
Sohan Singh is also worth nothing. It may be stated that PW-5
Sohan Singh is ‘panchnama’ witness to ‘naksha moka’, however,
he deposed that police though inspected the site but ‘panchnama’
was not prepared in his presence and he simply signed the papers.
PW-1 in his statement deposed that he along with accused-
respondent and others had opened the lock and had found Rang
Lal lying dead and, thereafter, he had informed the police. PW-15
Ganpat Lal narrates the story which runs contrary to what was
deposed by PW-1 Ganesh Lal. He deposed that Fateh Lal had the
key and opened the lock and saw Rang Lal lying dead with blood
coming out from his head. He has also deposed that Fateh Lal
helped in shifting the dead body to the ambulance, however, later
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at that very moment, PW-15 said that Fateh Lal did not join in
shifting the dead body of the deceased. This self-contradictory
statement of PW-1 with regard to the shifting of body and the
presence of Fateh Lal, raises doubt as to involvement of the
accused.
10. Further, the Investigation Officer when examined as PW-23
deposed that lock of the house was already opened before the
police reached the place of incident. This version of PW-23 read
with the statement made by him as PW-15, prima facie reflects
contradiction. On one hand he states that when the police reached
the spot, the house of Rang Lal was locked whereas on other
hand, he states that lock of the house was already opened at the
time when the police reached the spot. That being so, the
investigation itself creates shadow of doubt on the prosecution
story and, therefore, the same cannot be treated to be
trustworthy.
11. We have also examined the findings given by the learned
Trial Court and the reasoning given so as to acquit the accused-
respondent and find that the learned Trial Court has committed no
error so as to extend benefit of doubt to the accused-respondent
in view of the serious contradictions in the statements of
prosecution witnesses. In the present case, neither the motive
was established nor the prosecution was able to establish the
theory of ‘last seen’ and that being so, there is no reason to
interefere with the well-reasoned order passed by the learned Trial
Court.
12. At this juncture, this Court deems it appropriate to reproduce
the relevant portions of the judgments rendered by the Hon’ble
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Apex Court in the cases of Mallappa & Ors. Vs. State of
Karnataka (Criminal Appeal No. 1162/2011, decided on
12.02.2024) and Babu Sahebagouda Rudragoudar and Ors.
Vs. State of Karnataka (Criminal Appeal No. 985/2010,
decided on 19.04.2024), as hereunder-:
Mallappa & Ors. (Supra):
“36. Our criminal jurisprudence is essentially based on the
promise that no innocent shall be condemned as guilty. All the
safeguards and the jurisprudential values of criminal law, are
intended to prevent any failure of justice. The principles which
come into play while deciding an appeal from acquittal could be
summarized as:
(i) Appreciation of evidence is the core element of a criminal trial
and such appreciation must be comprehensive inclusive of all
evidence, oral or documentary;
(ii) Partial or selective appreciation of evidence may result in a
miscarriage of justice and is in itself a ground of challenge;
(iii) If the Court, after appreciation of evidence, finds that two
views are possible, the one in favour of the accused shall
ordinarily be followed;
(iv) If the view of the Trial Court is a legally plausible view, mere
possibility of a contrary view shall not justify the reversal of
acquittal;
(v) If the appellate Court is inclined to reverse the acquittal in
appeal on a re-appreciation of evidence, it must specifically
address all the reasons given by the Trial Court for acquittal and
must cover all the facts;
(vi) In a case of reversal from acquittal to conviction, the appellate
Court must demonstrate an illegality, perversity or error of law or
fact in the decision of the Trial Court.”
Babu Sahebagouda Rudragoudar and Ors. (Supra):
“38. Further, in the case of H.D. Sundara & Ors. v. State of
Karnataka (2023) 9 SCC 581 this Court summarized the
principles governing the exercise of appellate jurisdiction while
dealing with an appeal against acquittal under Section 378 of
CrPC as follows:
“8.1. The acquittal of the accused further strengthens the
presumption of innocence;
8.2. The appellate court, while hearing an appeal against
acquittal, is entitled to reappreciate the oral and
documentary evidence;
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8.3. The appellate court, while deciding an appeal against
acquittal, after reappreciating the evidence, is required to
consider whether the view taken by the trial court is a
possible view which could have been taken on the basis of the
evidence on record;
8.4. If the view taken is a possible view, the appellate court
cannot overturn the order of acquittal on the ground that
another view was also possible; and
8.5. The appellate court can interfere with the order of
acquittal only if it comes to a finding that the only conclusion
which can be recorded on the basis of the evidence on record
was that the guilt of the accused was proved beyond a
reasonable doubt and no other conclusion was possible.”
39. Thus, it is beyond the pale of doubt that the scope of
interference by an appellate Court for reversing the judgment of
acquittal recorded by the trial Court in favour of the accused
has to be exercised within the four corners of the following
principles: (a) That the judgment of acquittal suffers from patent
perversity; (b) That the same is based on a misreading/omission
to consider material evidence on record; (c) That no two
reasonable views are possible and only the view consistent with
the guilt of the accused is possible from the evidence available
on record.”
13. The learned Trial Court passed the impugned judgment of
acquittal of the accused-respondents under Sections 302 and 201
IPC, which in the given circumstances, is justified in law, because
as per the settled principles of law as laid down by the Hon’ble
Apex Court in the aforementioned judgments, to the effect that
the judgment of the Trial Court can be reversed by the Appellate
Court only when it demonstrates an illegality, perversity or error of
law or fact in arriving at such decision; but in the present case,
the learned Trial Court, before passing the impugned judgment
had examined each and every witnesses at a considerable length
and duly analyzed the documents produced before it, coupled with
examination of the oral as well as documentary evidence, and
thus, the impugned judgment suffers from no perversity or error
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of law or fact, so as to warrant any interference by this Court in
the instant appeal.
14. The scope of interference in the acquittal order passed by
the learned Trial Court is very limited, and if the impugned
judgment of the learned Trial Court demonstrates a legally
plausible view, mere possibility of a contrary view shall not justify
the reversal of acquittal as held by the Hon’ble Apex Court in the
aforementioned judgment, and thus, on that count also, the
impugned judgment deserves no interference by this Court in the
instant appeal.
15. Thus, in light of the aforesaid observations and looking into
the factual matrix of the present case as well as in light of the
aforementioned precedent laws, this Court does not find it a fit
case warranting any interference by this Court.
16. Consequently, the present appeal is dismissed.
17. Keeping in view the provision of Section 437-A
Cr.P.C./Section 481 of the Bharatiya Nagarik Suraksha Sanhita
(B.N.S.S.), 2023, the accused-respondent is directed to furnish a
personal bond in a sum of Rs.25,000/- and a surety bond in the
like amount, before the learned Trial Court, which shall be made
effective for a period of six months, to the effect that in the event
of filing of Special Leave Petition against this judgment or for
grant of leave, the accused-respondent, on receipt of notice
thereof, shall appear before the Hon’ble Supreme Court as soon as
he would be called upon to do so.
18. All pending applications, if any, stand disposed of. Record of
the learned Trial Court be sent back forthwith.
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19. This Court is thankful to Mr. Vikram Choudhary, who has
rendered his assistance as Amicus Curiae on behalf of the
accused-respondent, in the present adjudication.
(SUNIL BENIWAL),J (DR.PUSHPENDRA SINGH BHATI),J.
ajayS/skm/-
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