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IN THE HIGH COURT OF SIKKIM : GANGTOK
ARUP KUMAR GOSWAMI, BHASKAR RAJ PRADHAN, JJ.
Mani Kumar Rai @ Tere Naam Upper Wok, South Sikkim - Appellant
Versus
State of Sikkim - Respondent
Crl. A. No. 04 of 2020
Decided On : 09-11-2020
Section 302 IPC - Conviction based on circumstantial evidence - Benefit of doubt - Appeal allowed
Fact of the Case:
The appellant was convicted under Section 302 IPC for the murder of Krishna Prasad Rai. The prosecution presented circumstantial evidence, including witness testimonies and a Disclosure Statement, to establish the guilt of the accused.
Finding of the Court:
The court found that the prosecution's evidence did not conclusively establish the guilt of the accused beyond reasonable doubt. The court noted contradictions in witness testimonies, lack of corroboration, and raised doubts about the authenticity of the Disclosure Statement and the recovery of the weapon of offence. As a result, the court held that the appellant was entitled to the benefit of doubt.
Issues: The key issues revolved around the sufficiency and reliability of the circumstantial evidence presented by the prosecution, the authenticity of the Disclosure Statement, and the credibility of witness testimonies.
Ratio Decidendi: The court emphasized that circumstantial evidence must rule out every possible hypothesis of innocence and unerringly point to the guilt of the accused. It also highlighted the inadmissibility of confessional statements and the need for corroboration. The court applied the principle that the benefit of doubt should be reasonable and based on rational thinking.
Final Decision: The appeal was allowed, the conviction and sentence were set aside, and the appellant was set at liberty.
JUDGMENT :
Arup Kumar Goswami, CJ.
This appeal is directed against the judgement dated 28.11.2019 passed by the learned Sessions Judge, South, Namchi in S.T Case No.05/2017 convicting the appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000/-. By the judgement under appeal, compensation of Rs.50,000/- was also directed to be paid to the wife of the deceased under Sikkim Compensation to Victims or his Dependants Scheme, 2016 by the Sikkim State legal Service Authority.
2. On 15.06.2017, Kinga T. Bhutia (PW-25), who at the relevant point of time was posted as Station House Officer (SHO), Jorethang Police Station (P.S), registered Jorethang P.S U.D case No.07/2017 under Section 174 Cr.P.C on the basis of a complaint made by Kharga Maya Manger (PW-13), Ward Panchayat, Upper Wok to the effect that one Krishna Prasad Rai was found lying dead with face downwards at Forest Area, Upper Wok and he endorsed the U.D Case to Sub-Inspector Prashant Rai (PW-20). PW-20 had proceeded to the place of occurrence (P.O) and had started investigation. However, as it was about 09.00 pm, being dark, no further investigation could be carried out on that day. P.O was cordoned-off and inquest was conducted over the dead body of the deceased on the morning of 16.06.2017 in presence of Kharka Maya Manger (PW-13) and Mani Kumar Subba. Inquest Report (Exhibit-5) was prepared indicating the injuries noticed. A rough sketch map (Exhibit-17) was drawn. Blood stains found in the kutcha foot path and some items found near the P.O were seized vide Exhibit-16 in presence of Prakash Manger (PW-15) and Dhan Bahadur Rai (PW-18). After inquest was done, PW-20 forwarded the dead body for post-mortem examination, initially to District Hospital Namchi and later on, to STNM Hospital Gangtok because of non-availability of Medico Legal Specialist at District Hospital, Namchi. Post-mortem on the deceased was conducted on 16.06.2017 by Dr. O.T Lepcha (PW-09) and Medico Legal Autopsy Report (Exhibit-10) was prepared by him and he had also handed over to the Investigating Officer (I) clothing (ii) blood in filter paper (iii) hair and (iv) nail clippings of the deceased to the Investigating Officer.
3. Coming to the conclusion that cause of death of Krishna Prasad Rai was unnatural and homicidal, an FIR (Exhibit-18) was lodged by PW-20 before the SHO, Jorethang P.S stating the above facts. Accordingly, Jorethang P.S case No.30/2017 under Section 302 IPC was registered against unknown persons and the case was endorsed to Jigmee W. Bhutia (PW-24). PW-20 handed over the seized articles and the related documents to SHO, Jorethang P.S and charge of investigation was taken over by PW-24. He examined witnesses and based on the revelations made the appellant was arrested vide Exhibit-31 on 16.06.2017 at 06.50 p.m.
4. After arrest, the accused was examined under Police custody on 16.06.2017 by Dr. Anand Subba (PW-7), the Medical Officer of Jorethang PHC. No injury was noticed on his body by him and he had prepared a Medical Report (Exhibit-8). Accused was also taken to Namchi District Hospital on 21.06.2017 for psychiatric evaluation and one Dr. C.L Pradhan (PW-6), who examined him, found no past or present history of mental illness and he noted that the accused had given a history of alcohol addiction for the past 15 years. On 22.06.2017, the accused was brought to Jorethang CHC and his blood sample was collected in presence of Om Prakash Gupta (PW-8), who had gone there for his own treatment and Rinku Rai (PW-19), who had gone for treatment of his ailing son.
5. Based on a statement, stated to be a Disclosure Statement (Exhibit-25) made by the accused under Section 27 of the Evidence Act in presence of Rajesh Sarkar (PW-21) and Pravesh Lohagan (PW-22), the weapon of offence, a khukuri (a kind of knife), was seized by PW-24 on 18.06.2017 under Seizure Memo (Exhibit-22). Certain items like vests, etc., details of which will be noted
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