Prem vs State of Uttarakhand - 2023 Supreme(UK) 591

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 591

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, PANKAJ PUROHIT, JJ.
Prem – Appellant
Versus
State of Uttarakhand – Respondent
Criminal Appeal No. 327 of 2018
Decided On : 27-07-2023

Advocates:
Advocate Appeared:
For the Appellant : Manisha Bhandari.
For the Respondents: J.S. Virk, Rakesh Kumar Joshi, Pankaj Joshi.

Headnote:
Circumstantial Evidence - Murder - Section 302 IPC - [Section 302 IPC] - The court examined the chain of circumstantial evidence and found it to be incomplete, leading to the acquittal of the appellant. The absence of a clear motive and weak evidence of last seen were crucial in the court's decision. The recovery of bloodstained items did not inspire confidence, and the FSL report did not support the prosecution's case. The court emphasized the significance of motive in cases based on circumstantial evidence and concluded that the prosecution failed to establish a complete chain of circumstances, leading to the appellant's acquittal.
Fact of the Case:
The case involved the murder of the appellant's neighbors, the aged parents of the informant, in a jungle. The prosecution relied on circumstantial evidence to prove the appellant's guilt.
Finding of the Court:
The court found the chain of circumstantial evidence to be incomplete, leading to the acquittal of the appellant. The absence of a clear motive and weak evidence of last seen were crucial in the court's decision.
Issues: The key issues revolved around the sufficiency of circumstantial evidence, the presence of a motive, and the reliability of witness testimony.
Ratio Decidendi: The court emphasized the significance of motive in cases based on circumstantial evidence and concluded that the prosecution failed to establish a complete chain of circumstances, leading to the appellant's acquittal.
Final Decision: The appeal was allowed, and the appellant's conviction under Section 302 IPC was quashed. The appellant was ordered to be released from jail.

JUDGMENT :

PANKAJ PUROHIT, J.

1. This appeal is preferred by the appellant assailing the judgment and order dated 11.09.2018, passed by learned Fourth Additional Sessions Judge, Haridwar in Sessions Trial No. 291 of 2012, State vs. Prem, whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 30,000/- and in default of fine, he was sentenced to undergo two years’ additional simple imprisonment.

2. The facts of the case in brief are that a report was lodged by Shiv Kumar on 19.07.2012 at about 18:15 hours at Police Station Shyampur, District Haridwar to the effect that, on 16.07.2012 at about 12 noon, his mother-Krishna Devi and his father-Khem Chandra had gone in the jungle to fetch the wood. When they did not return taking the wood for a long time, he along with other people searched his parents and then his mother and father both were found dead in a jungle, who had been killed by causing injuries by some unknown persons. On the basis of above information, the case was registered under Section 302 IPC being Case Crime No. 56 of 2012 at Police Station Shyampur, District Haridwar.

3. The investigation officer conducted investigation of the case, recorded the statements of witnesses and after inspecting the place of occurrence, prepared the site plan, inquest and sent dead bodies for post-mortem and on completion of investigation submitted a charge-sheet under Section 302 IPC in the court. The cognizance was taken against the accused /appellant and the case was committed to learned Sessions Judge for trial.

4. On 04.01.2013 charge was framed against the accused under Section 302 IPC, which the accused denied and claim to be tried.

5. As many as seventeen witnesses were produced by the prosecution to prove its case against the appellant. They are PW-1/Shiv Kumar (informant), PW-2/Indra Singh, PW-3/Dhyan Singh, PW-4/Kartar Singh, PW-5/Rampal, PW-6/Amichand, PW-7/Smt. Meera, PW-8/Rohtash, PW-9/Smt. Rajo Devi, PW-10/Smt. Kanchan, PW-11/Smt. Santosh, PW-12/Virendra, PW-13/Dr. B.N. Pathak, PW-14/Head Constable Girijesh Tripathi, PW-15/Inspector Ritesh Sah, PW-16/S.I. Deepak Kathait and PW-17/Dharmendra Singh and documentary evidence was exhibited by the prosecution witnesses.

6. Thereafter, the statement of accused-appellant was recorded under Section 313 Cr.P.C. in which the accused stated the prosecution case to be false and stated that he is innocent but denied to give any evidence in defence.

7. The trial court on conclusion of trial, found the case to be proved against the accused-appellant beyond all reasonable doubt and it accordingly proceeded to convict and sentence the accused-appellant as mentioned in paragraph no. 1 of this judgment.

8. PW-1/Shiv Kumar has reiterated the version of FIR that on 19.07.2012 at about 12 noon, his parents had gone to jungle to fetch the wood, but they did not return and when the search was conducted, they both were found dead in the jungle. Some unknown persons had killed them by inflicting injuries. He has also stated that police recorded his statement for three to four times, as in his statement, he informed the police that the accused-appellant used to keep enmity with his father on the pretext that his father was doing some black magic over him.

9. PW-2/Inder Singh is known to the deceased-Khem Chand. He has stated that on 19.07.2012 at about 12 of the noon, he had seen both the deceased persons going towards jungle. On receiving information from his guard, that two dead bodies were lying in the jungle, he went to the spot where the Investigating Officer prepared the recovery memos (Ext.Ka-7), where he put his signatures.

10. PW-3/Dhyan Singh has stated that on hearing the noise that the deceased persons had been killed by someone in the jungle, he went to the spot. He has also put his signatures on the recovery memo (Ext.Ka-7).

11. PW-4/Kartar Singh is the guard of PW-2. He has stated in the evidence that two years ago, he was doing w