1979 Supreme(Raj) 446
RAJASTHAN HIGH COURT
K.D Sharma, Kanta Bhatnagar, JJ.
Mst. Tulchan Alias Tulsi w/o Pooraram Jat Resident of Bhaleri - Appellant
Versus
The State of Rajasthan - Respondent
D.B. Criminal Appeal No. 264 of 1974.
Decided On : 21-11-1979
For the Appellant:S.R. Singhi, Advocate.
For the Respondent: N.S. Acharya, Public Prosecutor.
Circumstantial evidence alone is not sufficient to prove guilt beyond a reasonable doubt if it is not corroborated by other evidence.
Headnote:
CRIMINAL APPEAL - MURDER - CONVICTION - CIRCUMSTANTIAL EVIDENCE - INSUFFICIENT - ACQUITTAL - [SECTION 302 IPC]
Fact of the Case:
Appellant was convicted of murdering her husband by administering poison. The prosecution's case was based on circumstantial evidence, including the appellant's purchase of rat poison, her offer of tea to the deceased, the deceased's complaints of a sour taste and burning sensation after drinking the tea, and the appellant's alleged extrajudicial confession.
Finding of the Court:
The court found that the circumstantial evidence was not sufficient to prove the appellant's guilt beyond a reasonable doubt. The court noted that the evidence of the appellant's purchase of rat poison was not corroborated, that the evidence of the deceased's complaints of a sour taste and burning sensation was not reliable, and that the appellant's alleged extrajudicial confession was not credible.
Issues: 1. Whether the circumstantial evidence was sufficient to prove the appellant's guilt beyond a reasonable doubt. 2. Whether the appellant's alleged extrajudicial confession was credible.
Ratio Decidendi: The court held that the circumstantial evidence was not sufficient to prove the appellant's guilt beyond a reasonable doubt. The court noted that the evidence of the appellant's purchase of rat poison was not corroborated, that the evidence of the deceased's complaints of a sour taste and burning sensation was not reliable, and that the appellant's alleged extrajudicial confession was not credible. The court further held that the appellant's alleged extrajudicial confession was not credible because it was not made to an independent witness and was not corroborated by any other evidence.
Final Decision: The court accepted the appeal, set aside the appellant's conviction and sentence, and acquitted her of the murder charge.
"External observation:- Whole of the body swollen and started purifying, whole of the face and hands became bluish black, blisters present all over abdomen, chest neck and forearm areas. Blood tinged fluid coming out of the mouth. Rigor mortis not present, both eyes swollen, closed and pubils slightly dilated.
2. Cranium and spinal cord:
1) Scalp, skull and vertebrae:- Healthy
2) Membranes:- Congested
3) Brain.- Congested
a) Wall, ribs and cartilage:- Healthy
b) Pleasurae:- Congested
c) Larynx & tracheae:- Congested
d) Right Lung:- Congested
e) Left Lung:- Congested
f) Paricardirum:- Congested
g) Heart:- Empty
h) Large vessels:- Healthy
4. Abdomen:
1) Walls:- Healthy
2) Paritocium:- Slightly congested and full of purifying gases
3) Mouth, Pharynx and Oesophagus:- Mouth pharynax swollen, oesophagus congested.
Stomach and its contents:- Gastric mucosa swollen, idematus and haemorrhagic patches all over the mucosa membrane and highly congested. Stomach:- Empty except little congested material present
5. Small intestines and their contents:- Congested and full of gases and fickle matter
6. Large intestine and their contents:- Full of fickle material and gases
7. Liver:- Highly congested and bluish black in colour
8. Spleen:- Highly congested and bluish black in colour
9. Kidney s:- Congested
10. Bladder:- Empty
11. Organs of generation internal and external:- Swollen, Scrotum full of blood
Muscles, bones & joints:- There was no injury, fracture or dislocation."In his opinion, death occurred from poisoning. For confirmation of his opinion, he sent the stomach contents and viscera to Chemical Examiner in a sealed condition through the Police. The Chemical Examiner gave his report Ex.P/7, according to which the contents sent by the doctor were positive for zinc phosphide. The clothes of the deceased which he was wearing on his body at the time of his death that is one Dhoti, one turban and one shirt also