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SUPREME COURT OF INDIA
J.B. PARDIWALA, MANOJ MISRA, JJ.
Harilal – Appellant
Versus
State of Madhya Pradesh (Now Chhattisgarh) – Respondent
Criminal Appeal Nos. 2216-2217 of 2011
Decided On : 05-09-2023
Indian Penal Code, 1860 – Section 302 – Murder – Life sentence – There is no clear cut motive proved against accused – When FIR is delayed, in absence of proper explanation, courts must be on guard and test evidence meticulously to rule out possibility of embellishments in prosecution story, inasmuch as delay gives opportunity for deliberation and guess work – More so, in a case where probability of no one witnessing incident is high, such as in a case of night occurrence in an open place or a public street – Prosecution has not been able to convincingly prove genesis of crime as also manner in which murder took place and by whom – Evidence led by prosecution gives rise to strong probability of killing being a consequence of mob action on deceased for his alleged involvement with a lady of village – Though prosecution relied on seizure of lathis and clothes at instance of accused but these incriminating circumstances have been denied and serologist report could not confirm origin of blood stains found thereon – Appellants acquitted. (Paras 14, 19, 24, 25 and 26)
Facts of the case:
These two appeals are directed against a common judgment and order of High Court of Chhattisgarh at Bilaspur, dated 17.02.2010, passed in Criminal Appeal Nos. 864 and 865 of 1991, whereby appeals of appellants were dismissed and order of third Additional Sessions Judge, Bilaspur, dated 13.07.1991, passed in S.T. No.153 of 1990, convicting and sentencing appellants to imprisonment for life under Section 302 of Indian Penal Code, 1860 was affirmed.
Findings of Court:
Next to the dead body of deceased, a lathi was found. This lathi alone could have caused injuries found on deceased’s body. Unexplained presence of the lathi is of significance when it is not the case of the prosecution that the deceased had used the lathi in self-defence.
Result : Appeals allowed. Accused acquitted.
JUDGMENT :
MANOJ MISRA, J.
1. These two appeals are directed against a common judgment and order of the High Court of Chhattisgarh at Bilaspur (in short “the High Court”), dated 17.02.2010, passed in Criminal Appeal Nos. 864 and 865 of 1991, whereby the appeals of Harilal and Parasram @ Rangnath (the appellants herein) were dismissed and the order of the third Additional Sessions Judge, Bilaspur, dated 13.07.1991, passed in S.T. No. 153 of 1990, convicting and sentencing the appellants to imprisonment for life under Section 302 of the Indian Penal Code, 1860 (in short “I.P.C.”) was affirmed.
Introductory Facts
2. Three accused, namely, Anshram, Parasram alias Rangnath and Harilal, were tried for committing murder of Ellahabadiya alias Vijay (the deceased) on 25.08.1989 at about 8.00 pm. Based on information received, a first information report (Ex.P-7) (in short “the FIR”) naming the aforesaid three accused was lodged by Smt. Jugmatibai (PW-9) at P.S. Hirri, District Bilaspur (M.P.) on the next day of the incident i.e. on 26.08.1989 at about 10 am. On 26.08.1989 itself, the inquest was conducted and the police collected blood-stained earth/plain earth from the spot and also seized a lathi, which was lying near the body of deceased. On the same day, the police showed discovery of lathi, Baniyan, Lungi (loin-cloth) at the instance Anshram from his house. Similarly, discovery of lathi and clothes at the instance of Parasram was disclosed from his house. The third accused, namely, Harilal, was arrested on 27.08.1989 and on the same day, a lathi and clothes were allegedly discovered at his instance from his house. The dead body of the deceased was sent for autopsy, which was conducted by Dr. S.K. Dutta (PW-8) on 27.08.1989 at 12.30 pm. PW-8 noticed that rigor mortis was present in lower limbs; decomposition had started; the eyes were forced out of the sockets; tongue was protruding between the teeth; lips were swollen and everted; abdomen was distended; penis and scrotum were swollen; multiple skin blisters containing reddish fluid on the face and front of the trunk were seen and faecal matter had escaped. PW-8 observations in respect of the cadaver were as follows:
(i) Lacerated wound 3.5 cm x 2.5 cm x 0.5 cm on left temporal region.
(ii) Lacerated wound 2.5 cm x 1 cm dividing the centre of the pinna of the left ear. Both the injuries were black and were surrounded by black clotted blood.
(iii) Three contusions on one third upper portion of the left thigh in the side portion:
25 cm x 1 cm
12 cm x 1 cm
7 cm x 1 cm.
Colour of which had blackened
Internal Examination:
Brain - Extradural haemorrhage on the left temporal region in the form of localised clot which had compressed and flattened the underlying brain.
Chest - Fractures on 4th, 5th, 6th, 7th and 8th ribs on both sides.
Lungs - Contusion of both lungs on the anterior surface. Pleural cavity contained black clotted blood.
Heart - Both the chambers of heart were empty.
Cause of Death - Shock due to injuries in the brain and lungs.
Duration - Time since death is 24 to 48 hours.
3. The prosecution examined as many as 15 witnesses. They were broadly categorized by the trial court into three categories: (i) eye-witnesses of the incident; (ii) witnesses who reached the spot on getting information about the incident and (iii) witnesses who proved proceedings relating to investigation, medical examination, inquest, seizure memos, preparation of site plan, etc.
4. The first category of witnesses were: PW-1 (Kanhaiya Lal); PW-2 (Sitaram); PW-3 (Mohanlal); and PW-6 (Ganesh). Another witness, namely, PW-4 (Ramanand), who was set up as a person who arrived at the spot on receipt of information of the incident, during his deposition, portrayed himself as an eyewitness of the incident.
5. Amongst the aforesaid category of witnesses, PW-1 was declared hostile. When he was confronted with his previous statement recorded under section 161 of the Code of Criminal Procedure, 1973
When FIR is delayed, in absence of proper explanation, courts must be on guard and test evidence meticulously to rule out possibility of embellishments in prosecution story.
The lack of legal evidence and secondary hypothesis in the prosecution evidence led to the acquittal of the accused.
Eyewitness testimony, even from an interested witness, can sustain a conviction if corroborated by credible evidence and circumstances.
Eyewitness testimony must be consistent and corroborated; convictions cannot rely solely on the testimony of closely related witnesses without independent verification.
The judgment emphasizes the need for caution in evaluating evidence in a grave crime, the requirement for independent corroboration of related witnesses, and the importance of proving the plea of ali....
The court modified the conviction from murder to culpable homicide not amounting to murder, emphasizing the lack of intent to kill and the nature of injuries inflicted.
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