The need for corroboration in last seen cases, the importance of establishing motive, and the requirement to conclusively tie each circumstantial link to the accused's guilt in cases based on circumstantial evidence.

S. Ravindra Bhat, J.

Crl. A. 90/2011, Crl. M (Bail) 110/2011 & Crl. M.A. 900/2011 (under Section 482 Code of Criminal Procedure)

1. This judgment will dispose of the appeal preferred against the judgment and order of the Additional Sessions Judge (hereafter "the Trial Court") dated 29.09.2010 in SC No. 80/2008 convicting the Appellant for the offence under Section 302, IPC, and sentencing him to undergo life imprisonment.

2. The prosecution allegations are that on 27.09.2005, ASI Satish Chand (PW-13) and Constable Komal, (posted at police post IGNOU, P.S. Mehrauli) reached Khasra No. 174/2, Village Neb Sarai on receipt of information (DD No. 24) that blood was coming out from the room occupied by the tenant of Baljit Singh (PW-1). On reaching the spot, it was discovered that blood was actually coming out from under the door of a room which seemed to be locked but in fact the lock (of which) was simply hanging. Upon opening the door, a dead body was found lying on the floor. It bore injury marks on the head and there was bleeding from the right ear. PW-13 informed SI Suresh Chand, (PW-5) about recovery of the body. PW-5 reached the spot and made inquires which revealed that the dead body was of Raghubir, PW-1's tenant. PW-5 sent a Rukka with Constable Anil, on the basis of which FIR No. 573/05 was registered with P.S. Mehrauli. SHO C.K. Sharma (PW-19) reached the spot, inspected the scene of occurrence and collected exhibits from the spot. He seized a piece of blood stained floor in a plastic box, earth control, one blood stained blue coloured slippers, two empty glasses and half a bottle of liquor, a mosquito net with 4 bamboos, a blood stained pajama, a blood stained blanket, a jute bag, a dori and pillow lying on the cot and a blood stained kurta from the rehri outside the room.

3. The dead body was identified by the sons of the deceased, Satbir i.e (PW-11), and Udaivir (PW-12). The dead body of Raghubir was sent for post mortem to AIIMS Hospital. The post mortem was conducted on 28.09.2005 by Dr. Arvind Kumar (PW-6); the report is at Ex. PW-12/A. On 29.09.2005, PW-11 went to P.S. Mehrauli and recorded a statement to the effect that he suspected accused Rahisa (a resident of the room adjoining Raghubir's room), for the murder of his father. On 29.09.2005, PW-19 along with other police officials went to accused's residence and arrested him; the arrest memo is at Ex.PW-15/A. The accused made a disclosure statement, pointed out the spot of occurrence, and got an iron rod allegedly used for the commission of the offence recovered (Ex.PW-15/C, Ex.PW-15/D & Ex.PW-15/E). After completion of the investigation, a charge sheet was filed in the Court and the case was committed for trial to the Sessions Court. The accused was charged for committing the offence punishable under Section 302 IPC on 14.07.2006. The accused pleaded not guilty and claimed trial. The Trial Court after hearing the matter and going through the evidence held the accused guilty under Section 302 IPC.

4. The Trial Court in convicting the Appellant relied on:

i. The last seen theory of the prosecution,

ii. The conduct of Appellant on the night of 25.09.2005 and

iii. The recovery of the iron rod

The Trial Court considered the last seen evidence given by PW-11 along with the evidence about the time of death of deceased. PW-11 had last seen the Appellant and the deceased on 25.09.2005 at about 8:00 PM and then again saw Appellant near the room of the deceased with an iron rod at about 12:00 AM. The dead body of the deceased was recovered on 27.09.2005 and was sent for post mortem on 28.09.2005. As per the post mortem report, time since death was about 3-4 days. The Trial Court held that if the post mortem report is read along with the statement of PW-11, then it can be safely inferred that the deceased had died sometime on 25.09.2005, the day on which PW-11 had seen the accused and deceased together at 8:00 PM and later had found accused present near the room of the dec