Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(HP) 438

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA, JJ.

Anil Kumar @ Shetty - Appellant
Versus
State of H.P. – Respondent
Cr. Appeal No. 142 of 2022
Decided on : 27-11-20241

Advocate Appeared:
For the Appellant :Mr. Manoj Pathak and Mr. Harsh, Advocates.
For the Respondent:Mr. S.D. Vasudeva, Deputy Advocate General.

Circumstantial evidence must create a complete chain of circumstances leading unerringly to the accused's guilt to uphold a conviction; mere suspicion is insufficient.

Headnote:(A) Indian Penal Code - Sections 302, 201, and 404 - Conviction of the accused for murder based on circumstantial evidence - The prosecution failed to establish a complete chain of circumstances linking the accused to the crime. Reliance on inconclusive evidence regarding the recovery of bloody items and last seen together was deemed erroneous - The principle of benefit of doubt in criminal cases applies when circumstantial evidence does not lead unerringly to the guilt of the accused. (Paras 12-42)

Facts of the case:
The deceased went missing while grazing sheep. His body was discovered later with signs of homicide. The accused was arrested based on circumstantial evidence and recovery of certain items linked to the crime. (Paras 1-6)

Findings of Court:
The court found insufficient evidence to conclusively prove guilt. The prosecution's reliance on various recoveries was undermined due to the lack of linking them directly to the accused or the crime. (Paras 6-41)

Issues: Was the prosecution able to establish the guilt of the accused beyond a reasonable doubt based on circumstantial evidence? Were the recoveries made from the accused legally admissible? (Paras 8, 11)

Ratio Decidendi: The court emphasized the need for a complete chain of evidence pointing to the guilt of the accused and clarified that the mere existence of suspicion cannot replace proof beyond reasonable doubt. (Paras 12-41)

Result: Appeal allowed; the conviction was set aside and the accused acquitted. (Paras 42-44)

Table of Content
1. facts of the case and evidence presented. (Para 1 , 2)
2. arguments regarding evidence and trial court's findings. (Para 3 , 6 , 9 , 19 , 20)
3. legal standards for circumstantial evidence. (Para 12 , 18 , 41)
4. final conclusion and order of acquittal. (Para 42 , 43 , 44)

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment dated 29.03.2022 passed by learned Additional Sessions Judge, Rampur (learned Trial Court) vide which, the respondent (accused before the learned Trial Court) was convicted of the commission of offences punishable under Sections 302 , 201, 404 of INDIAN PENAL CODE (IPC) and order dated 01.04.2022 vide which he was sentenced as under:-

Under Section 302 of IPC	To suffer rigorous imprisonment for life and to pay a fine of Rs.2,00,000/- and in default of payment of fine to undergo further simple imprisonment for one year.
Under Section 201 of IPC	To suffer simple imprisonment for two years and to pay a fine of Rs.5,000/- (five thousand) and in default of payment of fine to suffer further simple imprisonment for one month. Both the substances were ordered to run currently.[Deleted vide order dated 29.11.2024]
Under Section 404 of IPC	To suffer simple imprisonment for one year and to pay fine of Rs.5,000/- (five thousand) and in default of payment of fine to suffer further simple imprisonment for one month. All the substantive sentences have been ordered to run concurrently. [Added vide order dated 29.11.2024]

(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the deceased Kali Ram @ Kadi Ram had gone to the jungle to graze the sheep on 20.03.2018. He did not return. His dead body was found in a naked condition in the jungle. Nirmala Devi (PW3) informed the police. An entry (Ext. PW8/A) was recorded in the police station. ASI Jeet Ram (PW11), HC Vinod Kumar, HHC Inder Singh and HHC Roshan Lal went to the spot to verify the correctness of the information. Jeet Ram found the dead body of Kali Ram lying naked in the forest. Many people had gathered near the dead body. Roop Lal-informant (PW1) made a statement (Ext. PW1/A) that deceased Kali Ram was his father. He had gone to graze the sheep on 20.03.2018. He was informed by Bhisham that the sheep were roaming in the jungle and there was no one with them. Roop Lal (PW1) called his father but the phone was switched off. Roop Lal requested Bhisham to bring the sheep to the home. He searched for Kali Ram on 21.03.2018 but could not trace him. Pyare Lal informed Roop Lal about the discovery of the dead body. Statement (Ext. PW1/A) was reduced into writing which was sent to the police station where FIR (Ext. PW14/D) was registered. Jeet Ram (PW11) conducted the investigation. The photographs (Ext. PW11/A1 to Ext. PW11/A15) were taken. Jeet Ram prepared the spot map (Ext. PW11/B). Roop Lal identified the dead body of his father Kali Ram. Memo (Ext. PW1/B) was prepared. Jeet Ram (PW11) lifted blood-stained soil and grass and put them in a plastic jar. The jar was sealed with a seal impression ‘H’. He also lifted the controlled sample soil from the spot and put it in the polythene packet. The Polythene packet was put in a cloth parcel and the parcel was also sealed with a seal impression ‘H’. These were seized vide memo (Ext. PW1/C). He recovered a pair of shoes (Ext. PG1) of the deceased at a distance of about 6 feet from the site of the recovery of the dead body. These were put in a white gunny bag (Ext. PG). The bag was sealed with seal ‘H’. Jeet Ram also seized two warm lowers (Ext. PH2 and Ext. PH4), one blood- stained jacket (Ext. PH1), and one sweater (Ext. PH3). He put them in a blue gunny bag (Ext. PH) and sealed the gunny bag with seal ‘H’. He seized five pieces of wood (Ext. PK1) and one green bush (Ext. PK2), which had blood stains. These were put in a silver gunny bag (Ext