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1993 Supreme(P&H) 778
PUNJAB & HARYANA HIGH COURT
G.R.Majithia and Harmohinder Kaur Sandhu JJ.
Niranjan Lal
Versus
State Of Haryana
Criminal Appeal No. 400 of 1991,
Decided On : SEPTEMBER 22, 1993
In a case based on circumstantial evidence, the circumstances must be fully and cogently established, consistent only with the hypothesis of the guilt of the accused, and of a conclusive nature and definite tendency, unerringly pointing towards the guilt of the accused.
Headnote:
CRIMINAL APPEAL - MURDER - CIRCUMSTANTIAL EVIDENCE - EXTRA-JUDICIAL CONFESSION - RECOVERY OF TRACTOR, KNIVES, AND WRIST WATCH - COMPARISON OF FOOT MOULDS - RELIABILITY AND CREDIBILITY OF EVIDENCE - PROOF BEYOND REASONABLE DOUBT.
Fact of the Case:
Four appellants were convicted for the murder of Krishan and the theft of his tractor. The prosecution relied on circumstantial evidence, including extra-judicial confessions, recovery of the tractor, knives, and a wristwatch, and comparison of foot moulds.
Finding of the Court:
The court found that the extra-judicial confessions were unreliable and could not be relied upon. The recovery of the tractor was also doubtful, as there was evidence that it was already parked at the police station before the appellants were arrested. The recovery of the knives and wristwatch was not significant enough to prove the guilt of the appellants. The comparison of foot moulds was also suspicious, as there was evidence that the crime moulds were prepared after the arrest of the appellants.
Issues: 1. Whether the extra-judicial confessions were reliable and could be relied upon. 2. Whether the recovery of the tractor, knives, and wristwatch was sufficient to prove the guilt of the appellants. 3. Whether the comparison of foot moulds was reliable and could be relied upon.
Ratio Decidendi: 1. Extra-judicial confessions must be carefully scrutinized and corroborated by other evidence before they can be relied upon. In this case, the extra-judicial confessions were made to a stranger with whom the appellants had no intimacy, and there was no reason given for the confession or the person selected for that purpose. Therefore, the confessions were unreliable and could not be relied upon. 2. The recovery of the tractor was doubtful, as there was evidence that it was already parked at the police station before the appellants were arrested. The recovery of the knives and wristwatch was not significant enough to prove the guilt of the appellants, as they were common items that could have been easily obtained by anyone. 3. The comparison of foot moulds was suspicious, as there was evidence that the crime moulds were prepared after the arrest of the appellants. Therefore, the comparison of foot moulds could not be relied upon.
Final Decision: The court acquitted the appellants of all charges.
H.K.SANDHU, J.
1. This judgment will dispose of Criminal Appeal No. 400-DB of 1991 Niranjan Lal Versus State of Haryana, Criminal Appeal No. 404-DB of 1991 Chander Bhan Versus State of Haryana and Criminal Appeal No. 467-DB of 1991 Sushil Kumar, Versus State of Haryana.
2. These three appeals have been filed by four appellants who were jointly tried along with Mst. Suresh by the Additional Sessions Judge Rewari for offences under Ss. 302, 392 read with Ss. 34, and 201, of Penal Code. After trial Mst. Suresh who was charged for an offence under S. 201, IPC was acquitted while the four appellants were held guilty for offences under Ss. 302, 392 read with 34, IPC for committing the murder of Krishan son of Behari in village Nanglia and for removing his tractor and wrist watch. They were sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000.00 each under S. 302/34, IPC and to further undergo rigorous imprisonment for five years and to pay fine of Rs. 1000.00 each for the offence under S. 392/34 IPC. Although no charge was framed against them under S. 25 of the Arms Act yet Pappu alias Chander Bhan and Sushil appellants were sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 for this offence.
3. The case of the prosecution as unfolded from the evidence on record is as follows :-
Complainant Subhash and his brothers Krishan and Jaswant, who owned about 65 acres of land, resided in village Nanglia. They had purchased one tractor mark Ford of blue colour. Although registration number of the tractor was HNM-633 yet no number plate was affixed on the tractor. On 2/07/1989 at about 3-00 P.M. three persons came to the house of Krishan deceased and agreed to purchase the tractor for Rs. 1,36, 000.00. They paid Rs. 50.00 as advance money and told that they will pay the remaining consideration on 4/07/1989. On the same evening, Krishan deceased went to the fields with the tractor for ploughing the land and he did not return till 11.00 P.M. His brother Jaswant searched for him in the fields but he neither found Krishan nor the tractor. He gave this information to his elder brother Subhash. Subhash joined with him Jaswant and Shiv Karan and went in search of Krishan, when he found harrow of the tractor lying in the field near the dead body of Krishan which was smeared with blood. The tractor was missing. After leaving Shiv Karan and Jaswant at the spot, Subhash accompanied by Ram Kumar and Rattan Lal went to Police Station Jatusana and lodged a report there at 2-30 A.M. He suspected these three persons for the commission of murder of his brother and removal of the tractor whose description was incorporated in the first information report.
4 Sub Inspector Ram Nath investigated the case. He visited the spot and took into possession one blood stained Gulla, blood stained earth and harrow vide separate recovery memos. He detected four foot marks near the dead body of which moulds were prepared. After inquest report was prepared, the dead body was sent for post mortem examination.
5. The autopsy on the dead body of Krishan was conducted by Dr. G. P. Aggarwal, Medical Officer, Civil- Hospital, Rewari, who observed the following injuries on the dead body :-
(1) An incised wound 1 x 1/4 cm. over the left parietal bone of the skull, bone deep (posterior part).
(2) An incised wound 2 x 1/2" on the right angle of the mouth extending to the right cheek.
(3) A bruise 1" x 1/2" on the front of the chin, red in colour.
(4) An incised wound 4" x 2" on the right lateral side of the neck, upper part 3/4" deep. Underlying subcutaneous tissue, muscles and major muscles of the neck were cut.
(5) A bruise 3 x 4" on the right side of the back above the right hip bone, red in colour.
In the opinion of the doctor, the death was due to shock and hemorrhage on account of the injuries which were ante-mortem and were sufficient to cause death in the ordinary course of nature.
6. The investigating officer sear
