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IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Sunil Hali, J.
Tirath Singh & Ors. - Appellant
Versus
State & Anr. - Respondent
B.A. No. 55/2009
Decided On : 16 November, 2009
Bail - Circumstantial Evidence - Sections 302/109/34 RPC - [Sections 302/109/34 RPC] - The court considered the nature and character of the evidence and the probabilities of getting conviction on the basis of the said evidence. The conduct of the witnesses and the un-natural and un-reasonable behavior of the key witness created serious doubt regarding the truthfulness of the evidence. The court granted bail to the petitioners based on the lack of foolproof evidence and the un-natural conduct of the witnesses.
Fact of the Case:
The petitioners are facing trial for offences punishable under Sections 302/109/34 RPC. The deceased was found dead under suspicious circumstances, and the accused persons were alleged to have been seen dragging the dead body. The case is based on circumstantial evidence, and the trial is underway with ten witnesses examined by the prosecution.
Finding of the Court:
The court found that the conduct of the witnesses, especially the key witness, was un-natural and un-reasonable, creating serious doubt regarding the truthfulness of the evidence. The court granted bail to the petitioners based on the lack of foolproof evidence and the un-natural conduct of the witnesses.
Issues: The key issues revolved around the credibility of the witnesses and the sufficiency of the evidence to establish the guilt of the accused persons. The court considered the nature and character of the evidence and the probabilities of getting conviction on the basis of the said evidence.
Ratio Decidendi: The court's decision was influenced by the un-natural and un-reasonable behavior of the key witness, which created serious doubt regarding the truthfulness of the evidence. The lack of foolproof evidence and the un-natural conduct of the witnesses led the court to grant bail to the petitioners.
Final Decision: The court granted bail to the petitioners, except petitioner Kirpa Ram, for a period of three months, subject to certain conditions. The interim bail was granted based on the lack of foolproof evidence and the un-natural conduct of the witnesses. The trial Court was directed to examine the extension of the bail based on any fresh material brought on record by the remaining witnesses.
2. In order to understand the controversy involved in this petition, certain facts are required to be enumerated.
3. A report was lodged before Police Post Ramsoo by Keshav Ram and Gandharb Singh, both nephews of deceased Mathra Singh on 14.12.2006 wherein it was alleged that on the intervening night of 13/14 December, 2006, when the complainants had gone to attend marriage of one Shadilals daughter in village Senabathi tehsil Banihal, and deceased Mathra Singh was alone at his house, he appears to have died under suspicious circumstances and his dead body was found lying on the road side about 100 yards away from his house. On filing of the report, police proceeded under Section 174 Cr.P.C after conducting the post mortem of the deceased. No FIR could be lodged as there was no direct or in-direct circumstantial evidence leading to the cause of the death of the deceased. On 21.05.2008 a written complaint was lodged by one Bharath Singh son of deceased Mathra Singh, alleging that one Ghulam Hassan S/O Assadullah has seen the accused persons dragging the dead body of the deceased. No other eye witness was cited in the said complaint by the complainant. Statement of Ghulam Hassan was recorded under Section 164 Cr.P.C before learned Magistrate, where he is stated to have said that the alleged accused persons were seen dragging the dead body of the deceased on the intervening night of 13/14 December, 2006. It is stated that after filing of complaint on 21.05.2008 by Bharat Singh, one more eye witness was inserted, namely, Bharat Singh S/O Kamal Singh, nephew of the deceased whose statement was also recorded on 03.06.2008.
4. On filing of the FIR, investigation in the matter was concluded and report under Section 173 Cr.P.C was filed before learned Sessions Judge Ramban. The trial in the case is underway and ten witnesses have been examined by the prosecution.
5. The crux of the allegations against the accused persons is that accused Rita Devi is stated to have resisted the advances of deceased Mathra Singh as a result of which she left her house and instigated her parental relations to kill him. The deceased is stated to have been killed by the accused persons in his house as he was all alone on the intervening night of 13/14 December, 2006. Even though there is no eye witness to the actual occurrence but two witnesses, namely. Ghulam Hassan and Bharat Singh S/O Kamal Singh are stated to have seen the accused persons dragging the dead body of the deceased. One of the accused persons Kahan Singh is reported to be armed with a Kulhadi.
6. Admittedly there is no witness who has seen the actual killing of the deceased by the accused persons. The presence of the accused persons near the dead body and one accused person being armed with a Kulhadi, is a circumstance which is related to be linking the accused with the crime.
7. After the examination of the material witnesses an application for grant of bail was filed before learned Sessions Judge Ramban for bail on the ground that there are no reasonable grounds to believe that the accused persons have committed the crime.
8. I have heard learned counsel for the parties.
9. Undoubtedly, the case is based upon circumstantial evidence. The presence of the accused persons near the dead body and its dragging, as witnessed by Bharat Singh S/O Kamal Singh, Ghulam Hassan and Keshav Ram, is the chain which links the accused persons with the commission of the crime.
10. In order to examine the culpability of the accused persons with the commission of the crime, following circumstances have eme
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