1957 (4) TMI 59 - SC - Indian Laws

Summary

Issues Involved:
1. Reliability of the approver's evidence.
2. Voluntariness and truthfulness of Sarwan Singh's confession.
3. Corroboration of the approver's evidence.
4. Sufficiency of circumstantial evidence against the accused.

Detailed Analysis:

1. Reliability of the Approver's Evidence:
The primary issue revolves around the reliability of Banta Singh, the approver. The Supreme Court emphasized the necessity of a double test for approver's evidence: first, determining if the approver is a reliable witness, and second, ensuring that the evidence is sufficiently corroborated. The High Court failed to address the initial question of the approver's reliability. The approver's evidence was found to be thoroughly discrepant, particularly in his statements about Harbans Singh. Initially, Banta Singh did not implicate Harbans Singh but later changed his statement after being granted a pardon. The discrepancies in the approver's evidence led the Supreme Court to conclude that Banta Singh was an unreliable witness, thus invalidating his testimony against Harbans Singh.

2. Voluntariness and Truthfulness of Sarwan Singh's Confession:
The confession made by Sarwan Singh was scrutinized for its voluntariness and truthfulness. The Supreme Court noted that Sarwan Singh was kept in police custody from November 25 to November 30 without justification. When produced before the Magistrate, Sarwan Singh insisted on making a confession immediately, which should have raised suspicion about police pressure. The Magistrate failed to provide sufficient time for Sarwan Singh to consider his confession. The Supreme Court found that the confession was not voluntary due to the lack of adequate time and the presence of police influence. Additionally, the confession contained inconsistencies with the medical evidence and the prosecution's narrative, leading to the conclusion that it was not true.

3. Corroboration of the Approver's Evidence:
The High Court's judgment relied heavily on the approver's evidence, which was corroborated by Sarwan Singh's confession and other circumstantial evidence. However, the Supreme Court found that if the approver's evidence is deemed unreliable, the corroboration becomes irrelevant. The inconsistencies in the approver's statements and the lack of initial assessment of his reliability rendered the corroboration insufficient to sustain the convictions.

4. Sufficiency of Circumstantial Evidence Against the Accused:
The circumstantial evidence against Harbans Singh included suspicious conduct, injuries on his person, and the recovery of blood-stained clothes. However, without the approver's evidence, these circumstances only raised suspicion and were insufficient to prove guilt beyond a reasonable doubt. Similarly, for Sarwan Singh, the circumstantial evidence such as blood-stained clothes, injuries, and the purchase of a pistol did not conclusively establish his involvement in the murder. The Supreme Court emphasized that suspicions, however strong, cannot replace proof.

Conclusion:
The Supreme Court allowed the appeals of Harbans Singh and Sarwan Singh, setting aside their convictions and sentences. The Court highlighted the importance of reliable evidence and proper judicial assessment, emphasizing that the distance between "may be true" and "must be true" must be covered by unimpeachable evidence. The failure to establish the reliability of the approver and the voluntariness and truthfulness of the confession led to the acquittal of both appellants.