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2022 Supreme(P&H) 1483

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, Kuldeep Tiwari, JJ.
Rajbir & Anr. - Appellants
Versus
State of Haryana - Respondent
Cra-D-1104-Db-2015 (O&M)
Decided On : 30-11-2022

Advocates Appeared:
Mr. S.K.Garg Narwana, Senior Advocate assisted by Mr. Vishal Garg Narwana, Advocate and Mr. Japjit Singh Johal, Advocate for the appellants. Mr. Pardeep Prakash Chahar, DAG, Haryana.

Headnote:(A) Indian Penal Code - Sections 120-B, 365, 302, and 201 - Conviction and sentencing of accused for murder and related offences - Convicts acquitted on appeal due to lack of sufficient evidence and failure to establish links in the circumstantial evidence presented - The prosecution failed to prove the facts that Kusum was living with the convicts or to establish injuries or recoveries linking them to the murder - Circumstantial evidence must be clear and exhaustive; mere identification of a spot cannot infer guilt (Paras 1, 24, 49).

(B) Criminal Procedure Code - Section 428 - Custody period of convicts to be set off against the sentence imposed - Accused to be released if not required in other cases. (Para 50)

Facts of the case:
The appeals emerge from a joint conviction regarding the murder of Kusum, wherein the evidence primarily rested on circumstantial links involving the convicts, who lived with the victim, with no solid forensic evidence or substantial witness testimony to affirm claims of guilt.

Findings of Court:
All convictions and sentences required quashing due to the absence of conclusive evidence establishing murder or illegal confinement.

Issues: The main issues include the adequacy of the circumstantial evidence presented, the failure to recover or identify the victim’s body, and misapplication of Section 106 of the Evidence Act.

Ratio Decidendi: The court emphasized the principle that the prosecution bears the onus of proving each link in circumstantial evidence beyond reasonable doubt; vague claims cannot justify a conviction merely because the accused were in close proximity to the victim.

Result: Appeals allowed; convicts acquitted.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The appeals originate from a common verdict related to the murder of Kusum, with convictions under multiple sections of the Indian Penal Code, but the Court found the evidence insufficient to uphold the convictions. The convictions and sentences were quashed, leading to the acquittal of the appellants (!) (!) .

  2. The case was primarily based on circumstantial evidence, with significant reliance on signatured disclosure statements by the accused and identification memos. However, the Court identified flaws in these disclosures, particularly the lack of exclusive knowledge of the crime site by the accused, which diminishes the evidentiary value of such statements (!) (!) (!) (!) .

  3. The evidence did not conclusively establish the whereabouts of Kusum or her last residence with the accused, as crucial details such as cell phone call records and forensic evidence were not properly collected or analyzed, weakening the prosecution's chain of evidence (!) (!) .

  4. The identification of the crime scene and burial site by the accused, based on signatured disclosure statements, was deemed legally weak because the investigators had prior knowledge of these sites, making such identifications unreliable. The absence of forensic collection from these sites further undermines their credibility (!) (!) .

  5. The results of the polygraph tests conducted on the accused were considered inadmissible evidence because the tests were not performed following proper legal safeguards, including the requirement of legal representation during consent, and the tests themselves do not constitute substantive evidence (!) (!) (!) .

  6. The prosecution's failure to prove the essential elements of murder—such as the use of weapons, forensic evidence linking the accused to the crime, or exclusive knowledge of the crime site—led the Court to conclude that the case of corpus delicti was not convincingly established (!) (!) .

  7. The Court emphasized that the burden of proof rests with the prosecution to establish guilt beyond reasonable doubt, especially in circumstantial evidence cases. The failure to produce conclusive forensic or direct evidence results in the collapse of the case against the accused (!) (!) .

  8. The Court also noted procedural lapses, such as the improper collection and analysis of forensic samples and the inadmissibility of certain evidence, which contributed to the decision to acquit (!) (!) (!) (!) .

  9. As a result of the findings, the appeals were allowed, the convictions set aside, and the accused were acquitted. The case property was to be dealt with according to law, and the accused, if in custody and not required elsewhere, were to be released (!) .

  10. The Court reaffirmed that evidence obtained through improperly conducted signatured disclosures, illegal forensic procedures, or inadmissible test results cannot form the basis for conviction, emphasizing the importance of lawful evidence collection and adherence to procedural safeguards (!) (!) (!) .

These points encapsulate the Court's reasoning, the evidentiary shortcomings identified, and the procedural considerations that led to the acquittal of the accused.


Table of Content
1. conviction and sentencing of the accused (Para 1 , 2 , 3 , 4 , 5 , 6)
2. details of fir and investigative procedures (Para 7 , 8 , 9 , 10 , 12 , 13 , 14 , 15 , 16 , 17)
3. defendants' arguments on evidence and investigation flaws (Para 22 , 23 , 24 , 25 , 26 , 33 , 34 , 35 , 36 , 37)
4. issues with reliance on polygraph results (Para 38 , 39 , 40 , 44 , 46)
5. key principles surrounding circumstantial evidence (Para 49)
6. conclusion and order of acquittal (Para 50 , 51 , 52)

JUDGMENT

Sureshwar Thakur, J. - Since all the appeals respectively bearing number CRA-D- 1104-DB-2015, number CRA-S-2762-SB-2015, and, number CRA-S- 2763-SB-2015 arise from a common verdict, made by the learned trial Judge concerned, hence all the appeals (supra) are amenable for a common verdict being made thereons.

2. All the appeals (supra) arise from a verdict, as made on 30.5.2015, upon Sessions Case No. 30/2013, by the learned Additional Sessions Judge, Karnal. Through the above said verdict, the learned trial Judge concerned, convicted accused Rajbir, and, Kulvinder, in respect of charges drawn qua commission of offences punishable under Section 120-B, Section 365, and, under Section 302 IPC read with Section 120-B IPC, and, also convicted the above accused, in respect of a charge drawn against them for the commission of an offence punishable under Section 201 of the IPC. However, through the verdict (supra), the learned trial Judge concerned, though acquitted accused Surinder alias Pappi, and, Rajinder qua charges drawn against them for commission of offences punishable under Sections 120-B, 365, 302 of the IPC read with Section 120-B of the IPC, but he convicted them for a charge drawn against them for the commission of an offence punishable under Section 201 of the IPC. Moreover, through a separate sentencing order, drawn on 30.5.2015, the learned trial convicting Court concerned, imposed upon convicts Rajbir, and, Kulvinder, the hereinafter extracted sentence(s) of imprisonment as well as of fine.

Under Section 120-B of the INDIAN PENAL CODE

To undergo imprisonment for life

Under Section 365 read with Section 120-B of the INDIAN PENAL CODE

To undergo rigorous imprisonment for five years and pay fine of Rs. 5,000/- each and in default of payment of fine to further undergo simple imprisonment for six months.

Under Section 302 read with Section 120-B of the INDIAN PENAL CODE

To undergo imprisonment for life and to pay fine of Rs. 15,000/- each and in default of payment of fine to further undergo simple imprisonment for one year.

Under Section 201 of the INDIAN PENAL CODE

To undergo rigorous imprisonment for two years and pay fine of Rs. 2500/- each and in default of payment of fine to further undergo simple imprisonment for three months.

3. Moreover, the learned trial Judge concerned, imposed upon convicts Rajinder and Surinder alias Pappi, the sentence of rigorous imprisonment, extending upto a term of two years, besides imposed upon them, sentence of fine, comprised in a sum of Rs. 2500/- each, in respect of an offence punishable under Section 201 of the IPC, and, in default of payment of fine amount, he sentenced them to undergo simple imprisonment for three months.

4. The term(s) of the substantive sentence(s) of imprisonment, imposed upon convicts Rajbir, and, Kulvinder were ordered to run concurrently, but the period spent in custody by the convicts (supra), during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off from the above imposed substantive sentence(s) of imprisonment.

5. All the convict become aggrieved from the above drawn verdict of conviction, besides also, become aggrieved from the consequent therewith sentence(s) of imprisonment(supra), and, of fine as became imposed, upon them, by the learned con

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