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2008 Supreme(SC) 393

P.P.NAOLEKAR, LOKESHWAR SINGH PANTA
Vinay D. Nagar – Appellant
Versus
State of Rajasthan – Respondent


Judgement Key Points

What is the admissibility of statements made by a police officer during the investigation under Section 161 Cr.P.C. when used in a murder trial and how does Section 162 Cr.P.C. bar apply? What is the correct application of Section 32 of the Indian Evidence Act to deceased witness statements (including those recorded under Section 161 Cr.P.C.) in circumstantial evidence cases? What are the criteria for a conviction based on circumstantial evidence in a case where the prosecution relies on a deceased witness's statement for motive and other surrounding circumstances?

Key Points: - The Court analyzed the bar of Section 162 Cr.P.C. with respect to statements recorded under Section 161 Cr.P.C. during investigations and their admissibility in subsequent trials (!) (!) . - It held that while Section 162 bars the use of such statements in inquiries or trials for the offense under investigation at the time, they may be used to contradict a witness under Section 145 Evidence Act with Court permission, and for re-examination purposes, and may relate to Section 32 if applicable (!) . - The judgment discusses the applicability of Section 32 of the Evidence Act to statements of a deceased person, emphasizing that such statements must relate to the cause of death or to circumstances of the transaction resulting in death to be admissible as substantive evidence (!) (!) (!) - (!) . - It concludes that the deceased witness’s Section 161 Cr.P.C. statement in the abduction case did not relate to the cause of death or circumstances of the transaction that resulted in death and thus was not admissible under Section 32 for proving motive in the murder case (!) . - The examination of circumstantial-evidence principles requires that the proven circumstances form a complete chain pointing to the accused’s guilt beyond reasonable doubt, and must be inconsistent with innocence (!) (!) (!) - (!) . - The High Court’s reliance on the deceased’s statement for motive and on circumstantial links was found insufficient to sustain conviction; the appeal was allowed and the accused to be set at liberty (!) .

What is the admissibility of statements made by a police officer during the investigation under Section 161 Cr.P.C. when used in a murder trial and how does Section 162 Cr.P.C. bar apply?

What is the correct application of Section 32 of the Indian Evidence Act to deceased witness statements (including those recorded under Section 161 Cr.P.C.) in circumstantial evidence cases?

What are the criteria for a conviction based on circumstantial evidence in a case where the prosecution relies on a deceased witness's statement for motive and other surrounding circumstances?


JUDGMENT:

P.P. NAOLEKAR,J.-- This criminal appeal by special leave is directed against the judgment and order dated 23.11.2004 passed by the High Court of Rajasthan, Jaipur Bench in Criminal Appeal (DB) No. 990/2002, which upheld the conviction and sentence of the appellant under Sections 364, 450, 302, 201 of the Indian Penal Code, 1860 (for short "I.P.C.").

2. The relevant facts of the case as per the prosecution are that Kalu (the deceased) was Chowkidar in the office of Agriculture Extension Bundi and his duty was during the night in the office premises. He was found missing under mysterious circumstances on 15.07.2000, hence informant Ramesh Chand Jain, Assistant Director lodged a written report on 15.07.2000 at 7:30 am in the Police Station, Bundi. On the basis of the report, a case under Section 456/364 IPC was registered and investigation commenced. During the investigation, it was revealed that Kalu was a star witness in a criminal case registered against the appellant-Vinay D. Nagar and others under Sections 365, 364, 328, 342, 323 IPC. As per the prosecution case, the accused along with his other companions had abducted a child Sonu













































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