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IN THE HIGH COURT OF ALLAHABAD
Bind Basni Prasad and Gurtu, JJ.
STATE - Appellant
Versus
SHANKAR PRASAD - Respondents
Referred 100 Of 1951
Decided On : 02/29/1952
CRIMINAL LAW - MURDER - CIRCUMSTANTIAL EVIDENCE - PRINCIPLES OF APPROACH - RECOVERY OF STOLEN ARTICLES FROM POSSESSION OF ACCUSED - PRESUMPTION OF GUILT - INFERENCE TO BE DRAWN - OFFENCE UNDER SECTION 411, I. P. C.
Fact of the Case:
On the night of 16th August 1950, Bhagwan Das Kalwar was murdered in his room in Faizabad. Four persons, including Shankar Prasad Shukla and Raghunath, were charged with murder under Section 302 read with Section 34, I. P. C. The Sessions Judge acquitted two of the accused and convicted Shankar and Raghunath under Section 302 and sentenced them to death. They appealed, and the case was referred to the High Court for confirmation of the death sentence.
Finding of the Court:
The High Court held that the circumstantial evidence against the appellants was not sufficient to prove beyond reasonable doubt that they had committed murder. The Court found that the appellants were in possession of the stolen articles, but that this alone was not sufficient to infer that they were guilty of murder. The Court also found that the confession made by Shankar was not reliable. The Court set aside the conviction and sentence of the appellants under Section 302 and directed that they be tried for the offence under Section 411, I. P. C. for having been in possession of the stolen articles knowing them to be stolen.
Issues: 1. Whether the circumstantial evidence against the appellants was sufficient to prove beyond reasonable doubt that they had committed murder? 2. Whether the recovery of stolen articles from the possession of the appellants raised a presumption of guilt? 3. What inference could be drawn from the recovery of stolen articles from the possession of the appellants?
Ratio Decidendi: 1. The Court held that the circumstantial evidence against the appellants was not sufficient to prove beyond reasonable doubt that they had committed murder. The Court found that the appellants were in possession of the stolen articles, but that this alone was not sufficient to infer that they were guilty of murder. The Court also found that the confession made by Shankar was not reliable. 2. The Court held that the recovery of stolen articles from the possession of the appellants did not raise a presumption of guilt. The Court found that there were other possible explanations for the appellants' possession of the stolen articles, such as that they had purchased them from the actual thieves or that they had been given the articles by the thieves. 3. The Court held that the inference that could be drawn from the recovery of stolen articles from the possession of the appellants was that they were guilty of the offence under Section 411, I. P. C. for having been in possession of the stolen articles knowing them to be stolen.
Final Decision: The appeal was allowed. The conviction and sentence of the appellants under Section 302 were set aside. The reference was rejected. The appellants were to be charged and tried under Section 411, I. P. C. for having been in possession of the stolen articles recovered respectively from the possession of each knowing them to be stolen.
( 1 ) BETWEEN 11 P. M. and the daybreak on the night between the 16th and 17th August 1950, one bhagwan Das Kalwar aged about 50 years, was murdered by strangulation in a room in the upper storey of Onkar Nath Dharamshala situated in Mohalla Naka Muzaffra in the city of Faizabad. The murder remained unnoticed upto about 10 A. M. in the morning when Smt. Mulha, the wife of Debi Prasad, informed Bhagwan Din, Pujari of the Dharamshala that one of the backdoors of one of the rooms in the occupation of Bhagwan Das was open. Mahadeo, a relative of Bhagwan das was sent for, and then a party went into the room on the upper storey where Bhagwan Das was found lying dead on the floor. Constable Barkhurdar happened to reach there. He communicated this news to Mahamudul Hasan, Head Constable, who visited the scene and at 1 p. M. he lodged a report at the Kotwali, Faizabad. The report runs as follows:
"i, Mahumudul Hasan, Head Constable No. 59/c. P. , was informed by Barkhurdar Khan, constable No. 304, at about 12 noon that while he was on his beat, he had come to know that bhagwan Das Kalwar had been murdered at Onkar Nath Dharamshala in Naka Muzaffra and his goods had also been stolen. Acting on the information, I reached Naka Muzaffra and learnt from bhagwan Din Pujari, Musammat Inderpati, daughter of Debi Prasad Kalwar, Bhagwati Prasad and other persons that Shankar Prasad Shukla, a newspaper man, Sheo Bahadur Singh Thakur, a scholar of the Forbes College, Raghunath barber a railway employee, and one fourth man, whose name could not be ascertained, had been seen at the house of Bhagwan Das Kalwar, deceased, last night till about 12 P. M. or 1 A. M. The household goods are lying scattered and he (Bhagwan das) is lying murdered in the house. Leaving Barkhudrar Khan, Constable at the spot, I have come to make a report. "
( 2 ) FOUR persons viz. , Shambu Nath, Shankar, Sheo Bahadur and Raghunath were sent up by the police for the charge under Section 302 read with Section 34, I. P. C. Learned Sessions Judge acquitted Shambu Nath and Sheo Bahadur and convicted Shankar and Raghunath under Section 302 and sentenced them to death. They prefer this appeal and there is also a reference by the learned Sessions Judge for the confirmation of the death sentence.
( 3 ) THE case rests upon circumstantial evidence and bristles with difficulties. The learned sessions Judge has based his judgment upon the following facts determined by him:
1. Shankar Prasad, appellant, was with the deceased Bhagwan Das at his shop on the evening of the 16-11-1950, upto 11 P. M.
2. At about midnight there was a knock at the door of Bhagwan Das, the door was opened by someone and two persons one of whom was Raghunath, appellant, entered the house of the deceased.
3. Subsequently late at night a girl by the name of Kumari Inderpati (P. W. 2) who is an inmate of the Dharamshala came out of it to make water and she then saw three persons (Shanker, raghunath and Shambhu Nath) coming out of the room of Bhagwan Das.
( 4 ) CERTAIN ornaments belonging to Bhagwan Dass wife and his daughter, Smt. Kewalpati, were also stolen from Bhagwan Dass room on the night of the occurrence and most of these were subsequently recovered either from the house of his sister on being pointed out by Shankar, appellant, or from the house of Raghunath.
( 5 ) A confession made by Shankar, appellant.
4. The recovery of a blood-stained shirt from the house of Raghunath, has also been strongly relied upon by the learned Deputy Government Advocate in this Court,
5. Before discussing the evidence it is necessary first to enunciate the guiding principles of approach to a case of this nature based upon circumstantial evidence. These principles were laid down in queen EMPRESS v. HOSH NAK, 1941 All L J 416 in the following words:
"to proof by circumstantial evidence four things are essential. (1) That the circumstances from which the conclusion is drawn be fully established. (2) That all the fact
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