IMPORTANT POINT
If witnesses examined by prosecution are believed by Court in proof of guilt of accused beyond reasonable doubt, question of obligation of prosecution to explain injuries sustained by accused will not arise.

Headnote:(i) Indian Penal Code, 1860-Section 302-Appellant on exhortation of other acquitted accused, took out a pistol and fired at deceased-PW 1, 2, 4 and 5 were the eye witnesses-Conviction recorded by trial Court was upheld by High Court-Appeal-Non-explanation of injuries on accused-May assume greater importance where defence gives a version which competes in probability with that of prosecution-Trifle and superficial injuries on accused were of little assistance to appellant-Though blood stained earth was lifted from spot but if not sent for chemical analysis would not corrode evidentiary value of eye witnesses-Non-sending of bullet recovered from body of deceased for ballistic expert examination also did not affect the case as weapon of offence had not been recovered-Conviction was liable to be upheld. (Paras 7 to 14)
       (ii) CRIMINAL TRIAL-Non-explanation of injuries of accused-Prosecution case would not be disbelieved only on that ground.
       Held : In Mohar Rai s case (supra) it is made clear that failure of the prosecution to offer any explanation regarding the injuries found on the accused may show that the evidence related to the incident is not true or at any rate not wholly true. Likewise in Lakshmi Singh s case (supra) it is observed that any non-explanation of the injuries on the accused by the prosecution may affect the prosecution case. But such a non-explanation may assume greater importance where the defence gives a version which competes in probability with that of the prosecution. But where the evidence is clear, cogent and creditworthy and where the Court can distinguish the truth from falsehood the mere fact that the injuries are not explained by the prosecution cannot by itself be a sole basis to reject such evidence, and consequently the whole case. Much depends on the facts and circumstances of each case. These aspects were highlighted by this Court in Vijayee Singh and Ors. v. State of U.P. (AIR 1990 SC 1459). Non-explanation of injuries by the prosecution will not affect prosecution case where injuries sustained by the accused are minor and superficial or where the evidence is so clear and cogent, so independent and disinterested, so probable, consistent and creditworthy, that it outweighs the effect of the omission on the part of prosecution to explain the injuries. As observed by this Court in Ramlagan Singh v. State of Bihar (AIR 1972 SC 2593) prosecution is not called upon in all cases to explain the injuries received by the accused persons. It is for the defence to put questions to the prosecution witnesses regarding the injuries of the accused persons. When that is not done, there is no occasion for the prosecution witnesses to explain any injury on the person of an accused. In Hare Krishna Singh and Ors. v. State of Bihar (AIR 1988 SC 863), it was observed that the obligation of the prosecution to explain the injuries sustained by the accused in the same occurrence may not arise in each and every case. In other words, it is not an invariable rule that the prosecution has to explain the injuries sustained by the accused in the same occurrence. If the witnesses examined on behalf of the prosecution are believed by the Court in proof of guilt of the accused beyond reasonable doubt, question of obligation of prosecution to explain injuries sustained by the accused will not arise. When the prosecution comes with a definite case that the offence has been committed by the accused and proves its case beyond any reasonable doubt, it becomes hardly necessary for the prosecution to again explain how and under what circumstances injuries have been inflicted on the person of the accused. It is more so when the injuries are simple or superficial in nature. In the case at hand, trifle and superficial injuries on accused are of little assistance to them to throw doubt on veracity of prosecution case. (Paras 6 and 7)

JUDGMENT

Arijit Pasayat, J.-One Barhan Das (hereinafter referred to as the deceased) paid price for changing his loyalty from one trade union to another and Surendra (hereinafter referred to as the accused ) was said to be instrumental in taking away his life. Four persons faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short the IPC ). The trial Court convicted them accordingly. The matter was carried in appeal before the Jharkhand High Court which by the impugned order dismissed the appeal filed by the accused appellant and held that accusations under Section 302 IPC have been made out against him who was accused No.4 before the trial Court. Kedar Dusadh (A-1) died during the pendency of the appeal before the High Court. Chandrika Das (A-2) and Krishna Kumar (A-3) were given the benefit of doubt and their acquittal was directed.

2. Prosecution version as unfolded during trial is as follows:

At about 9.30 a.m. on 1.8.1995 the deceased and his son Satyendra Das (PW-4) had gone to take tea near the shop of one Siyaram (PW-5). Hira Sao (PW-1) and Ravindra Sao (PW-2) were also sitting near the shop. Suddenly, the four accused persons came from the side of the road. Accused Krishna Kumar came towards the informant (PW-4) and the deceased and directed that the deceased should be assaulted. On hearing this, accused appellant Surendra took out a pistol from his waist and fired at the deceased. The bullet hit left eye of the deceased. After such firing all the four accused persons fled away. On receiving the bullet injury, deceased fell down and became unconscious. The informant with the help of others took him to nearby hospital where he was declared dead. According to the information given at the police station on which investigation was started, the four accused persons were working in the Katras Colliery. The deceased was a labour leader. Since he left the union to which the accused persons belonged and joined another union, this has caused annoyance to the accused persons and because of this, the murder was committed. After completion of investigation charge sheet was placed. The accused persons pleaded false implication.

3. Placing reliance on the evidence of the eye-witnesses, the trial Court convicted the accused persons and the conviction was maintained by the High Court so far as only the accused appellant is concerned. The High Court s judgment is under challenge in this appeal.

4. Learned counsel for the appellant submitted that the information given by the informant cannot be treated as a first information report as the police officials had already received information about the incident. Therefore, the statement made was hit by provisions of Section 162 of the Code of Criminal Procedure, 1973 (in short the Cr.P.C. ). The place of occurrence has been changed as no blood was seized from the cot where the deceased was purportedly sitting at the time of attack. The so-called eye witnesses had stated that blood had spilled over to the cot. Though the prosecution case is that one bullet was fired, the investigating officer at certain stages in his statement in Court has stated that he recovered a pellet. Bullet and pellet are different things. The prosecution has suppressed the actual scenario and this is evident from the different types of ammunition deposed about. The bullet which was found embodied on the body of the deceased was extracted by the doctor who had handed it over to the police officials. The same was not sent for chemical examination. Therefore, the conviction cannot be maintained. Additionally, the investigating officer had accepted that the accused appellant was found at a distance of about 50 feet from the place of occurrence in an injured and unconscious stage which necessitated his admission to hospital. The injuries on the accused were not explained by the prosecution and the investigation was perfunctory as is evident fro

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2003 Supreme(SC) 1212

IMPORTANT POINTIf witnesses examined by prosecution are believed by Court in proof of guilt of accused beyond reasonable doubt, question of obligation of prosecution to explain injuries sustained by accused will not arise.

Cases Referred (6)

IMPORTANT POINT
If witnesses examined by prosecution are believed by Court in proof of guilt of accused beyond reasonable doubt, question of obligation of prosecution to explain injuries sustained by accused will not arise.