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1987 Supreme(Raj) 798

RAJASTHAN HIGH COURT
Shyam Sunder Byas, Milap Chandra, JJ.
Jeet Ram - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Jail Appeal No. 317 of 1982.
Decided On : 11-09-1987

Circumstantial evidence must be carefully evaluated to ensure that it is reliable and sufficient to prove the guilt of the accused beyond a reasonable doubt.

Headnote:

CRIMINAL APPEAL - MURDER - CIRCUMSTANTIAL EVIDENCE - FOOT-PRINTS - EXTRA-JUDICIAL CONFESSION - SHOES FOUND AT THE SCENE - EVALUATION OF EVIDENCE - RELIABILITY OF WITNESSES - FABRICATED EVIDENCE - INFERENCE OF GUILT - CONVICTION SET ASIDE.

Fact of the Case:

The appellant, Jeetaram, was convicted of murdering Brij Lal based on circumstantial evidence. The prosecution's case was that the appellant and the deceased were working together in the fields when the appellant killed the deceased with a Kassi. The evidence against the appellant included the presence of his shoes at the scene of the crime, extra-judicial confessions made by the appellant to two witnesses, and the presence of foot-prints at the scene that matched the appellant's.

Finding of the Court:

The court found that the evidence against the appellant was not sufficient to prove his guilt beyond a reasonable doubt. The court held that the moulds of the foot-prints found at the scene and the specimen foot-prints taken from the appellant were not produced in court, which raised doubts about the authenticity of the foot-print evidence. The court also found that the extra-judicial confessions made by the appellant were fabricated and unreliable, as they were made to close relatives of the deceased and were not consistent with the appellant's behavior after the alleged crime. The court further held that the presence of the appellant's shoes at the scene was not sufficient to establish his guilt, as he was working in the fields where the crime occurred.

Issues: 1. Whether the foot-print evidence was sufficient to prove the appellant's guilt. 2. Whether the extra-judicial confessions made by the appellant were reliable. 3. Whether the presence of the appellant's shoes at the scene was sufficient to establish his guilt.

Ratio Decidendi: 1. The court held that the foot-print evidence was not sufficient to prove the appellant's guilt because the moulds of the foot-prints found at the scene and the specimen foot-prints taken from the appellant were not produced in court, which raised doubts about the authenticity of the evidence. 2. The court held that the extra-judicial confessions made by the appellant were not reliable because they were made to close relatives of the deceased and were not consistent with the appellant's behavior after the alleged crime. 3. The court held that the presence of the appellant's shoes at the scene was not sufficient to establish his guilt, as he was working in the fields where the crime occurred.

Final Decision: The court allowed the appellant's appeal, set aside his conviction and sentence, and ordered his release from jail.

JUDGMENT

1. - The appeal is directed against the judgement of the learned Additional Sessions Judge (1), Hanumangarh dated Feb. 12, 1982 convicting the appellant Jeetaram under Section 302, Indian Penal Code and sentencing him to imprisonment for life with a fine of Rs. 100/-, in default of the payment of fine to further undergo one month's rigorous imprisonment.

2. Briefly stated, the prosecution case is that PW 3 Devi Lal is the son of PW 2 Loona Ram Kumbhkar. The accused was their share-cropper while the deceased Brij Lal was engaged by them as a labourer to work in their fields situate in Rohi Sahjipura P.S. Hanumangarh district Sri Ganga Nagar. On July 19, 1981, PW 3 Devi Lal, the accused Jeetram and the deceased Brij Lal worked in the said fields. At about 5.00 p.m., Devilal (PW 3) went to his house in village Sahjipura to bring food for the accused and the deceased leaving both of them working in the fields. At about 9.00 or 9.30 p.m., Devilal went back to the fields to provide food to the deceased and the accused, but found none of them there. He slept there in the field in that night. When he woke-up at about 5.00 or 5.30 a.m. on the next day, he started the water-pump of his tube-well to provide water to the standing crops in the fields He there after went in the fields and found the dead body of Brij Lal at a place where the water channels cross each other. The dead body was lying in the water with big multiple wounds. A blood-stained Kassi was also found lying nearby. He went to inform his father Loona Ram whom he found at the bus stand. He narrated the incident to him. His father directed him to go back to the fields where the dead body was lying and to keep a watch there. Loona Ram went to the Police Station, Hanumangarh and verbally lodged report Ex.P 2 of the occurrence. He expressed his suspicion on the accused that it was he who killed Brij Lal. The police registered a case and proceeded with the investigation. The Station House Officer Bhagwan Das (PW 8) arrived on the spot, inspected the site, prepared the site plan, site inspection note and the inquest of the victim's dead body. He found some feet marks near the dead body. He lifted them by preparing their moulds with the plaster of Paris. He seized and sealed the blood-stained Kassi, which was found lying near the dead body. The post mortem examination of the victim's dead body was conducted at about 4.00 p.m. on July 20, 1981 by PW 1 Dr. Saharan. The doctor noticed the following ante-mortem injuries on the victim's dead body:

(1) Incised wound 41/2" X 11/2" X 11/2" on the left side of neck mid length obliquely placed, injuring big vessels of neck;

(2) Incised wound 11/2" X 1/2" X 1/2" on left side anteriorly lower part of chin;

(3) Incised wound 23/4" X 1/2" X 1/2" extending from right side of upper lip to left side of lower lip;

(4) Incised wound 3" X 1/2" X 1/2" on the right hand dorsally;

(5) Incised wound 31/2 X 1/10" X skin deep on left side of neck extending to midline towards the head from injury No. 1;

(6) Incised wound 31/2" X 1/2" X skin deep right side of neck upper part;

(7) Incised wound 1/2" X ⅛" X skin deep centrally on chin;

(8) Incised wound on left side of chest anteriorly upper part 1" X ⅛" X ⅛";

(9) Abrasion 1/2" X 1/2" left side chest anteriorly upper part.

3. Injury No. 9 was found to have been caused with some blunt weapon while the rest by sharp-edged weapon. In the opinion of Dr. Saharan, the cause of death was shock as a result of injuries to big vessels and due to all the injuries. Injury No. 1 was alone and the remaining injuries collectively were found sufficient in the ordinary course of nature to cause death. The post-mortem examination report prepared by him is Ex.P 1. At about 10.00 p.m. on July 21, 1981, the accused went to the house of PW 4 Hari Ram. PW 6 Rewat Ram, where he found Rewat Ram and the accused confessed before them that he had killed Brij Lal with a Kassi and requested them to take him to police. They refused to take




























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