IMPORTANT POINT
Conviction can be based on circumstantial evidence, if clinching.

Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC).

2. Prosecution version in a nutshell is as follows:

On 13.2.1986 Police Head Constable Dinkar Shankar Dumbre (PW-1) was attached to Railway Police Head Quarters at Ghatkopar. At the relevant time, his nature of work was to receive the telephonic message from outside and convey the said message to the Railway Reserve Inspector. On 13.2.1986 at about 1845 hrs. Mr. Gavade Head Constable came and informed Dinkar Dumbre (PW1) that in Room No.41 of building No.24, one lady is lying in injured condition in a pool of blood. The said constable also informed that he came to know about the said fact from the ladies residing in the said building. On receipt of this message Dinkar Dumbre (PW1) proceeded to the place of incident. He noticed one lady lying in pool of blood in the bath room of the house. Dinkar Dumbre (PW1) appointed one police constable to guard the said place of incident and he proceeded to inform the said fact to RSI, Caze. Dinkar Dumbre (PW1) also informed the above said fact to Tilak Nagar police station. The police from Tilak Nagar police station arrived at the place of incident. The statement of PWI was recorded by Tilak Nagar police which was treated as First Information Report. After investigation, charge sheet was filed.

Prosecution examined 12 witnesses to substantiate its accusations and the trial was held as the accused pleaded innocence.

The trial Court found the evidence to be sufficient to fasten the guilt on the accused. Questioning the conviction and the sentence of imprisonment for life as awarded by learned Additional Sessions Judge, Greater Bombay, an appeal was filed before the Bombay High Court which came to be dismissed by the impugned judgment. As the case rested on circumstantial evidence the trial Court and the High Court analysed the evidence with great detail and held the accused guilty. The appeal did not bring any relief.

3. In support of the appeal, learned counsel for the appellant submitted that the circumstances have not been established to find him guilty.

4. Learned counsel for the respondent-State on the other hand supported the judgment.

5. The circumstances highlighted by the trial Court and the High Court to find the accused persons are as follows:

(i) That the accused and the victim were last seen together;

(ii) The victim was lying dead in the pool of blood and the accused was not there.

(iii) Previous enmity and therefore intention to kill is proved;

(iv) PWs 6 and 7 clearly refer to the conduct of the accused for ill treating and harassing the victim prior to the date of incident.

6. It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. (See Hukam Singh v. State of Rajasthan AIR (1977 SC 1063); Eradu and Ors. v. State of Hyderabad (AIR 1956 SC 316); Earabhadrappa v. State of Karnataka (AIR 1983 SC 446); State of U.P. v. Sukhbasi and Ors. (AIR 1985 SC 1224); Balwinder Singh v. State of Punjab (AIR 1987 SC 350); Ashok Kumar Chatterjee v. State of M.P. (AIR 1989 SC 1890). The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. In Bhagat Ram v. State of Punjab (AIR 1954 SC 621), it was laid down that where the case depends upon the conclusion drawn from circumstances the cumulative effect of the circumstances must be such as to negative the innocence of the accused and bring the offences home beyond any r