Circumstantial evidence can establish guilt in murder cases even in the absence of motive, particularly when supported by forensic findings like gunshot residue.

JUDGMENT :

K. VINOD CHANDRAN, J.

1. Leave granted.

2. Filicide or suicide is the vexing question in the above case where a father was tried and convicted under Section 302 of the Indian Penal Code, 1860,¹[‘the I.P.C.’] read with Section 25/27 of the Arms Act, 1959. The Trial Court sentenced the accused to imprisonment for life under Section 302 and rigorous imprisonment respectively of one year and seven years for offences under Sections 25 and 27 of the Arms Act, 1959 besides a fine of Rs.1,000/- with default sentence, confirmed by the High Court.

3. We heard Mr. Varun Dev Mishra, learned counsel appearing for the appellant and Ms. Aakanksha Kaul, learned counsel representing the State.

4. Learned counsel for the appellant contended that the family of the accused had resorted to character assassination of the accused before the police and the Court, which alone led to the prosecution and the resultant conviction. There is no direct evidence, and the circumstances attempted to be proved by the prosecution fails to find the guilt, squarely on the accused. The deceased was the only son of the accused and there was absolutely no motive not even alleged, to support the accusation of murder. The wife of the accused examined as PW-3 stated in cross-examination that the accused maintained very good relations with his son. PW-1, his daughter, also said that just prior to the incident she saw the accused sleeping peacefully in his room. There is no motive or even a proximate incident which could lead to the accused killing his own son. Even his daughters who were examined as PW-1 and PW-4 did not speak of any instance of harassment or violence perpetrated by the accused on his son.

5. There was no definitive opinion of the death being homicide and the clear indication is that it was a suicide. The doctor, examined as PW-20, refused to give a definite opinion on the death and even the ballistic expert was not able to come forth with a definite opinion. In fact, the appellant is right-handed, and gunshot residue was found only on the swab taken from his right hand; while the possibility of such residue being present is more probable on the hand which holds the barrel, that too more likely on the back of the hand and not on the palm. More pertinently, though similar swabs were taken from the hands of the deceased, there is no report or evidence regarding the analysis made. The appellant has explained in his statement under Section 313 of the Code of Criminal Procedure, 1973,²[‘the Cr.P.C.’] that except his wife all the other family members could handle and operate the gun, and it was kept hidden by the children. The learned counsel fervently argued for acquittal also on the plea taken that there was no conceivable reason why he should kill his only son, who is the youngest of his five children.

6. The learned counsel for the State pointed out that there is clinching evidence against the accused. The accused was the first person to detect the body, and he tried to convince the family and the neighbours, who came to the scene of occurrence, that his son had killed himself with a screwdriver. There was no blood stain on the screwdriver and PW-11, the neighbour who was summoned to his house deposed that when he accosted the accused with the fact of absence of blood on the screwdriver, the accused had no explanation. Clearly the death was a homicide and there is no plausible reason to find suicide as has been categorically deposed by the ballistic expert, PW-10. Motive is not imperative, if there are very strong circumstances pointing to the guilt of the accused and the evidence of the family members clearly indicates the wayward ways of the accused and that he did not maintain good relations with his wife and children.

7. On facts, the family of the accused consisted of himself, his wife and five children: the deceased was the youngest son. Two of his elder daughters were married and the accused was staying along with his wife and three younger child