J. B. PARDIWALA, MANOJ MISRA
Suresh Chandra Tiwari – Appellant
Versus
State of Uttarakhand – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The Supreme Court emphasized that if a guilt finding is made without properly evaluating and testing the evidence according to legal principles, it can be corrected by the Court exercising its powers under Article 136 of the Constitution of India (!) .
For a conviction based on circumstantial evidence, the circumstances must be fully established, point unerringly towards the guilt of the accused, form a complete chain that leaves no reasonable doubt, be consistent only with guilt, and exclude all other hypotheses (!) (!) (!) (!) (!) .
Before recording a conviction, the court must be convinced that the accused 'must be' guilty, not merely 'may be' guilty, ensuring certainty in the guilt assessment (!) .
The court examined whether the circumstances relied upon by the prosecution were proved beyond reasonable doubt, whether they had a definite tendency to prove guilt, and whether they formed a complete chain excluding other possibilities (!) .
The circumstances cited by the prosecution included the accused and the deceased supporting rival candidates, the last seen evidence, the accused looking for the deceased, their presence in the night hours near the crime scene, recovery of a meat bag, and recovery of blood-stained stones. However, the Court found that these circumstances were not conclusively proved beyond reasonable doubt or of a definite tendency to prove guilt (!) (!) (!) (!) (!) (!) .
The Court noted that the motive proved (supporting rival candidates and threats) was not material enough to establish guilt directly, and the 'last seen' evidence lacked proximity and certainty, especially given the large time gap and possibility of intervening circumstances (!) (!) (!) .
The evidence regarding recovery of articles, such as the polythene bag containing meat and blood-stained stones, was deemed inconclusive and not sufficiently connected to the crime, especially considering environmental factors like rain washing away blood and the absence of forensic linkage (!) (!) (!) .
The admissibility of the disclosure statement and recovery was questioned because the recovery was not made pursuant to the statement, and the presence of witnesses at the time of recovery was doubtful (!) (!) (!) .
The Court highlighted procedural lapses, such as the recovery being made before recording the disclosure statement and inconsistencies in witness testimonies, which cast doubt on the reliability of the evidence (!) .
Ultimately, the Court concluded that the prosecution failed to establish the chain of incriminating circumstances beyond reasonable doubt, and the evidence did not unerringly point to the guilt of the accused. Therefore, the appellants were entitled to acquittal (!) (!) .
The Court also noted that the High Court erred in reducing the charge from murder to culpable homicide not amounting to murder solely based on the number of injuries, without sufficient evidence of intent or a complete chain of proof (!) .
As a result, the appeal was allowed, the conviction was set aside, and the accused appellants were acquitted of all charges. They were on bail, and their bail bonds were discharged (!) .
These points collectively reflect the Court's reasoning that the evidence was insufficient to establish guilt beyond reasonable doubt and highlight procedural and evidentiary issues that led to the acquittal of the appellants.
JUDGMENT :
MANOJ MISRA, J.
1. This criminal appeal impugns the judgment and order of the High Court of Uttarakhand at Nainital1[The High Court] dated 24.5.2012 passed in Criminal Appeal No. 82 of 2003, whereby the appeal of the appellants against the judgment and order of the Sessions Judge, Pithoragarh passed in Session Trial No. 36 of 1997 was partly allowed and the conviction of the appellants was altered from Section 302/34 of the Indian Penal Code, 18602 to Section 304 Part I of IPC, and the sentence, inter alia, was reduced from imprisonment for life to 7 years R.I3[Rigorous Imprisonment].
FACTUAL MATRIX
2. On 3.2.1997, at about 10 AM, PW-7, a cousin of the deceased, lodged a first information report4[FIR] (Exb. Ka-2) at PS5[Police Station] Lohaghat, District Pithoragarh, inter alia, alleging that on 3.2.1997, at about 9.30 AM, he came to know that dead body of the deceased was lying in the verandah of Mohan Singh’s shop. Pursuant to the aforesaid report, the police proceeded to the spot, carried out inquest and prepared an inquest report (Exb. Ka-8). It also lifted blood-stained and plain earth/floor from the spot and prepared a seizure memo (Exb. Ka-4) thereof. Belongings of th
Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 [Para 19] – Relied.
Hanumat Govind Nargundkar v. State of Madhya Pradesh AIR 1952 SC 343 [Para 19] – Relied.
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