1979 (11) TMI 262 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction u/s 302 I.P.C.
2. Recovery of the deceased's wrist-watch.
3. Handwriting evidence on prescription pad Ex. P. 9.

Summary:

1. Conviction u/s 302 I.P.C.:
Murari Lal, initially convicted u/s 302 I.P.C. and sentenced to death by the Sessions Judge, Jabalpur, had his conviction altered by the High Court of Madhya Pradesh to u/s 302 read with s. 34 I.P.C., substituting the death sentence with life imprisonment. The Supreme Court upheld this decision, dismissing Murari Lal's appeal.

2. Recovery of the deceased's wrist-watch:
The wrist-watch belonging to the deceased, H. D. Sonawala, was recovered at the instance of Murari Lal. The appellant's explanation that he purchased the watch from Roop Chand was not substantiated by any evidence. The Court found the recovery significant despite the time-lag, linking it with the robbery and murder due to the absence of any acceptable explanation.

3. Handwriting evidence on prescription pad Ex. P. 9:
The handwriting in Hindi on page G of Ex. P. 9 was identified as Murari Lal's by a handwriting expert, P.W. 15. The Court rejected the argument that the opinion of a handwriting expert requires substantial corroboration, emphasizing that the expert's opinion should be tested by the acceptability of the reasons given. Both the Sessions Court and the High Court compared the disputed writing with admitted writings and found them to be by the same person. The Supreme Court agreed with this finding, dismissing the appellant's argument that the internal evidence of the document showed he was not its author.

Conclusion:
The Supreme Court dismissed the appeal, affirming the conviction and life sentence of Murari Lal based on the recovery of the deceased's wrist-watch and the handwriting evidence linking him to the crime scene.