Murder Conviction Upheld: Supreme Court Dismisses Appeals in Lakhan Killing Case
The Supreme Court of India recently upheld the conviction of three individuals accused of murder under Section 302 read with Section 34 IPC. The case, Kalua @ Koshal Kishore & Others vs. State of Rajasthan, stemmed from the brutal killing of a man named Lakhan in a public market. The judgment reinforces the role of strong eyewitness testimony in criminal trials.
Background of the Case
The case originated on September 17, 1999, when a complaint was lodged by Prem Shankar (PW-9). According to the complaint, at around 5:00 PM, the victim Lakhan was conducting an inspection of safai karamcharis (sanitation workers) in Bayana market when he was attacked.
The accused—Pintoo @ Kamal Kishore (A-1), Kalua @ Koshal Kishore (A-5), and Susya @ Lokesh (A-4)—were allegedly armed with firearms and weapons. Witnesses stated that Pintoo and Kalua fired in the air to create terror while Susya shot Lakhan in the abdomen with a country-made gun (katta). The injured Lakhan was rushed to the hospital, where he succumbed to his injuries.
The police initially registered a case under Section 307 IPC (attempt to murder), but after Lakhan’s death, the charge was altered to Section 302 IPC (murder).
Trial Court Proceedings
The prosecution presented key witnesses:
- Prem Shankar (PW-9) – The complainant and eyewitness.
- Rakesh (PW-12) – Another eyewitness who corroborated the incident.
The court also relied on forensic evidence, including:
- Recovery of empty cartridges from the crime scene.
- Seizure of a country-made gun (katta) from Pintoo.
The Trial Court convicted the accused under Section 302 read with Section 34 IPC and sentenced them to life imprisonment. Three co-accused, Dinesh (A-2), Satish (A-3), and Laddu @ Mool Chand, were acquitted due to lack of evidence.
High Court Verdict
The accused challenged their conviction before the Rajasthan High Court. However, the court upheld the conviction, finding no inconsistencies in the testimonies of eyewitnesses. The judgment emphasized:
“The evidence of Prem Shankar (PW-9) and Rakesh (PW-12) is cogent and consistent, establishing the guilt of the accused beyond a reasonable doubt.”
The accused then appealed to the Supreme Court.
Key Arguments by the Appellants
- The prosecution falsely implicated Dinesh and Satish, raising doubts about the involvement of the remaining accused.
- Eyewitness Prem Shankar was convicted in another murder case, making him unreliable.
- The country-made gun used to kill Lakhan was never recovered from Susya.
Arguments by the Respondents (State of Rajasthan)
- Prem Shankar (PW-9) and Rakesh (PW-12) were present at the scene and witnessed the crime.
- Eyewitness reliability cannot be dismissed merely because a witness was convicted in another case.
- Even without the recovery of the murder weapon, other evidence (such as empty cartridges and medical reports) established guilt.
Supreme Court’s Observations
The Supreme Court, led by Justice R. Banumathi and Justice R. Subhash Reddy, examined the evidence and ruled:
“When both the courts have accepted the evidence as credible, we do not find any ground to discredit the witness testimonies.”
Regarding the acquittal of some co-accused, the Court stated:
“The acquittal of accused no.2 and 3 does not cast doubt on the involvement of the remaining accused.”
On the issue of missing weapon recovery:
“Non-recovery of the weapon does not materially affect the prosecution’s case when other evidence sufficiently establishes guilt.”
Final Verdict
The Supreme Court dismissed the appeals and upheld the life imprisonment sentence.
Possibility of Remission
Since the convicts had served over 10 years in prison, the Court allowed them to apply for remission:
“The appellants are at liberty to approach the competent authority for considering their case for remission.”
Legal and Social Implications
- The case highlights how eyewitness testimonies play a crucial role in criminal convictions.
- Even without direct recovery of a weapon, forensic and circumstantial evidence can lead to conviction.
- The ruling affirms that acquittal of some co-accused does not automatically exonerate others.
This judgment serves as a precedent for similar murder cases, ensuring that strong evidence and consistent witness statements can lead to justice.
Petitioner Name: Kalua @ Koshal Kishore, Pintoo @ Kamal Kishore, Susya @ Lokesh.Respondent Name: State of Rajasthan.Judgment By: Justice R. Banumathi, Justice R. Subhash Reddy.Place Of Incident: Bayana Market, Rajasthan.Judgment Date: 31-01-2019.
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