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SUPREME COURT OF INDIA
DIPAK MISRA, R. BANUMATHI, JJ.
NIZAM & ANR. – Appellants
Versus
STATE OF RAJASTHAN – Respondent
CRIMINAL APPEAL NO. 413 OF 2007
Decided On : 04-09-2015
(2002) 8 SCC 45; (2006) 10 SCC 681; (2012) 11 SCC 205; (2012) 4 SCC 124; (2011) 13 SCC 621 – Relied upon
(b) Criminal trial – Circumstantial evidence – Motive – Motive, if established, will be a corroborative piece of evidence – Failure to prove motive not a ground to throw away prosecution case – Absence of proof of motive only demands careful scrutiny and deeper analysis of evidence adduced by the prosecution. (Para 12)
(c) Criminal trial – Circumstantial evidence – Last seen theory – Important link in the chain – Shifts burden of proof on the accused – Not prudent to base conviction only on last seen theory – Section 106, Indian Evidence Act, 1872. (Para 14)
(2006) 12 SCC 254; (2015) 5 Scale 319 – Relied upon
(d) Criminal trial – Circumstantial evidence – Last seen theory – Body of deceased found after three days of him last seen with the accused persons – Last seen theory not applicable – Missing links – Appellants entitled to benefit of doubt. (Para 17, 18, 19, 20)
Facts of the case:
The accused-appellants were convicted and sentenced under Sections 302 and 201 IPC.
The High Court affirmed the conviction and the sentence.
Finding of the Court:
Appellants are entitled top benefit of doubt.
Result: Appeal allowed.
JUDGMENT :
R. BANUMATHI, J.
This appeal assails the correctness of the judgment dated 01.07.2005 passed by the High Court of Judicature at Rajasthan Jaipur Bench in Criminal Appeal No.1248 of 2002, whereby the High Court confirmed the conviction of the accused-appellants under Sections 302 and 201 IPC and sentence of life imprisonment imposed on each of them with a fine of Rs.2,000/-with default clause and also two years rigorous imprisonment with a fine of Rs.500/-with default clause respectively.
2. Case of the prosecution is that deceased-Manoj was the helper on the truck No.MP-07-2627 and had gone to Pune and thereafter to Barar alongwith his first driver Raj Kumar (PW-2) and second driver Ram Parkash (PW-1) and from Barar they loaded the truck with pipes for destination to Ghaziabad on 23.01.2001. Accused-appellants Nizam and Shafique who were the driver and cleaner respectively on the truck No.DL-1GA-5943 also loaded their truck with pipes from the same company on the same day at Barar and started for Ghaziabad alongwith truck No.MP-07-2627. During this period drivers and cleaners of both the trucks developed acquaintance with each other. While on the way to Ghaziabad, driver Raj Kumar (PW-2) of truck No.MP-07-2627 got into quarrel with some local persons and consequently Barar police detained him alongwith his truck. Faced with such situation, Raj Kumar (PW-2) instructed his second driver Ram Parkash (PW-1) to hand over the amount of Rs.20,000/-to Manoj with instructions to give the money to the truck owner. Accordingly, Manoj left for Gwalior with accused persons by the truck No.DL-1GA-5943 on 23.01.2001.
3. Dead body of deceased-Manoj was found on 26.01.2001 under suspicious circumstances in a field near village Maniya. On 26.01.2001 at about 3.00 O’clock, one Koke Singh (PW-13) went to collect the fodder and found a dead body lying in the field and the same was informed to Shahjad Khan (PW-4). Based on the written information by Shahjad Khan (PW-4), case was registered in FIR No.16/2001 under Sections 302 and 201 IPC on 26.01.2001 at Thana-Maniya, District Dholpur. Gullu Khan(PW-16)-Investigating Officer seized the dead body and prepared a Panchnama. One bilty (Ex. P17) of Uttar Pradesh, Haryana Roadlines (Pune) and one receipt (Ex. P18) of Madhya Pradesh Government, Shivpuri Naka pertaining to truck No. DL-1GA-5943 were recovered from the pocket of trouser of deceased-Manoj and in the said bilty (Ex.P-17), name of the driver was mentioned as Nizam and truck No.DL-1GA-5943 and some phone numbers. Based on the clues obtaining in the bilty, accused Nizam and Shafique were arrested on 27.01.2001 and the truck No.DL-1GA-5943 was recovered. After due investigation, chargesheet was filed against the appellants-accused under Sections 302 and 201 IPC.
4. To bring home the guilt of the accused-appellants, prosecution has examined twenty one witnesses. Incriminating evidence and circumstances were put to accused-appellants under Section 313 Cr. P.C. and the accused denied all of them and accused stated that Manoj had never travelled in their truck DL-1GA-5943. Additional Sessions Judge, Fast Track Court No.2, Dholpur held that the appellants-accused committed murder of deceased-Manoj to grab Rs.20,000/-and the prosecution has established the circumstances proving the accused-appellants guilty under Sections 302 and 201 IPC and sentenced each of them to undergo life imprisonment with a fine of Rs.2,000/-with default clause and two years rigorous imprisonment with a fine of Rs.500/- with default clause respectively. Aggrieved by the verdict of conviction, appellants-accused preferred appeal before the High Court of Rajasthan, which vide impugned judgment dismissed the appeal thereby confirming the conviction of the accused-appellants and also respective sentence of imprisonment and fine amount imposed on each of them. Being aggrieved, the appellants have preferred this appeal.
5. Learned counsel for the appellants submitted that
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