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2002 Supreme(Gau) 102
GAUHATI HIGH COURT
J.N.Sarma, Ranjan Gogoi, JJ.
Narengbam Shyamkanhai Singh -Appellant
Versus
State of Manipur -Respondent
Criminal (Jail) Appeal No. 4 of 1992
Decided On : 01-03-2002
A.Bimal, A.Nilamani Singh , Bidyamani Devi
The main legal point established in the judgment is the application of the principles of circumstantial evidence and the necessity for circumstances to unerringly point to only one conclusion excluding all others in establishing the guilt of the accused.
Headnote:
Indian Penal Code - Murder - Section 302 - Summary of Acts and Sections: The court discussed Section 302 of the Indian Penal Code and the principles of circumstantial evidence. The judgment also referred to the principles laid down in various judicial pronouncements regarding the necessity of fully proving circumstances against the accused and the need for such circumstances to point to only one conclusion excluding all others.
Fact of the Case:
The prosecution alleged that the accused murdered a person in Quarter No.24, Lamphelpat. The accused was found guilty and sentenced to life imprisonment under Section 302 of the Indian Penal Code. The evidence was circumstantial, as there were no eyewitnesses to the incident.
Finding of the Court:
The court found that the accused and the deceased were last seen together, the deceased was found dead in the accused's wife's quarter, and the accused made himself untraceable until surrendering to the police. The court also noted the statements made by the accused leading to the discovery of the murder weapon and the medical evidence supporting the cause of death.
Issues: The issues included establishing the guilt of the accused based on circumstantial evidence, the reliability of witness testimony, and the admissibility of the accused's statements leading to the discovery of the murder weapon.
Ratio Decidendi: The court applied the principles of circumstantial evidence and emphasized the need for circumstances to unerringly point to only one conclusion excluding all others. The court also considered the absence of a proven motive for the crime and the admissibility of the accused's statements leading to the discovery of the murder weapon.
Final Decision: The court affirmed the conviction and sentence of the accused under Section 302 of the Indian Penal Code, dismissing the appeal and canceling the accused's bail.
This appeal is directed against the judgment and order dated 6.8.92 passed by the learned Sessions Judge, Manipur East, Imphal in Session Case No. 37/88/23/8S/ 27/90 convicting the accused appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.
2. The case of the prosecution in brief is that on 11.9.82 at about 8.45 P.M. on receipt of information from a reliable source, P.W.20 Chongtham Dwijamani Singh, Sub-Inspector of Police of Lamphel Police Station lodged an F.I.R. (Ext.P/9) stating that at about 7 P.M. of the said day one Oinam Brojendro Singh was murdered by unknown person/persons in Quarter No.24, Type-II, Block-A, Lamphelpat on the basis of the aforesaid report, Lamphel Police Station Case No.300(9)82 under Section 302 of the Indian Penal Code was registered. After registration of the aforesaid case, P.W. 20 visited the place of occurrence along with P.W. 1 and P.W.2 (Constables on duty in the police station). It is the prosecution case that the place of occurrence namely, Quarter No.24, Type-II, Block-A at Lamphelpat near Nurses Hostel was occupied by the wife of the accused Smt. J. Pari Hmar. It is the further case of the prosecution that the police party headed by P.W.20 entered the drawing room of the said quarter and found blood splattered on the floor and the sofa in the room. On opening of the back door of the room, the dead body was found lying on the ground. Inside the room, one cushion, one armed chair, one Shirt of grey colour, one bottle of 750 ml. Two half bottles smelling of liquor, a pair of North Star Shoes, a piece of cloth, a small bucket of light green colour, one Identity Card and a sum of Rs. 81/- was seized by the police vide Ext.P/2 at about 10.45 P.M. on 11.9.82 in the presence of the witnesses. All the aforesaid articles seized were found sprinkled with blood. The inquest was held over the dead body in the presence of the witnesses and a sketch map was prepared by the Investigating Officer. Thereafter the dead body was sent to the morgue and subsequently, for postmortem examination. On 12.9,82 at about 10.30 A.M., P.W.20 seized some quantity of blood specimen of the deceased as well as the stomach contents of the deceased vide Ext.P/3. The aforesaid specimens were kept in two bottles. It is the further case of the prosecution that on 17.9.82 the accused surrendered at the police station whereafter he was arrested. The prosecution has also alleged that on 18.9.82 at about 6 A.M., the accused while in lock up, tried to commit suicide by inflicting certain injuries on himself with a broken glass. In connection with the aforesaid incident, Lamphel Police Station Case No.306(9)82 under Section 309 of the Indian Penal Code was registered. The accused was hospitalised in the R.M.C. Hospital for about 15 days and he was discharged on 1.10.82.
It is the further case of the prosecution that after release from hospital on 2.10.82, the accused made a statement (Ext.P/6) in the presence of P.W.I6 Pukhrambam Kumar Singh and P.W.I8 Yongoijam Indrajit Singh to the effect that he had thrown out the weapon of assault, the knife, in a bush behind his house. In the aforesaid statement, the accused also stated that he had kept the trouser used by him at the time of occurrence at his paternal house and that he would be able to produce the same before him. According to the prosecution, on the basis of the aforesaid statement made by the .accused and at his instance, a blood stained knife measuring 10 inches in length (Mat. Ext. 7) was recovered along with the trouser. Both the articles were seized vide Ext.P/7 and Ext.P/8. It is the further case of the prosecution that in the course of investigation, a large number of witnesses were examined and their statements were recorded. On completion of the investigation, the accused was charge-sheeted and sent for trial.
3. In the Court of Sessions, a charge under Section 302 of the Indian Penal Code was framed t
