2013 (5) TMI 830 - SC - Indian Laws

Whether where some of the witnesses have not been examined though the same may be material witnesses is whether the prosecution is bound to examine all the listed/cited witnesses?

Summary

Issues Involved:
1. Case of Circumstantial Evidence
2. Examination of Witnesses
3. Discrepancies in Depositions
4. Evidence of a Hostile Witness
5. Motive
6. Explanation of the Accused
7. Last Seen Together Theory
8. Police Official as a Witness

Detailed Analysis:

1. Case of Circumstantial Evidence:
The primary issue is determining the requirements for deciding a case based on circumstantial evidence. The court emphasized that the prosecution must establish its case beyond reasonable doubt and cannot rely on weaknesses in the defense. The chain of evidence must be complete and exclude any hypothesis other than the guilt of the accused.

2. Examination of Witnesses:
The court addressed whether the prosecution is bound to examine all listed witnesses. It was held that the prosecution is not obligated to call all witnesses, and it is within the discretion of the public prosecutor to determine which witnesses to call. The court can draw adverse inferences if material witnesses are deliberately withheld, but the defense can also call such witnesses if necessary.

3. Discrepancies in Depositions:
Minor discrepancies in witness testimonies that do not affect the core of the prosecution's case should not lead to the rejection of evidence. The court must consider the evidence as a whole and ignore trivial inconsistencies that do not undermine the credibility of the witness.

4. Evidence of a Hostile Witness:
The evidence of a hostile witness cannot be rejected in toto. It can be accepted to the extent that it is found dependable upon careful scrutiny. The court can rely on portions of the testimony that are consistent with the prosecution's case.

5. Motive:
Motive is relevant in cases of circumstantial evidence. The motive driving the accused to commit the offense may be known only to the accused. If the evidence suggests the existence of a motive, it can support the conclusion that the accused committed the crime.

6. Explanation of the Accused:
The accused is obligated to furnish an explanation regarding incriminating circumstances during examination under Section 313 Cr.P.C. A false or inadequate explanation can be considered a missing link in the chain of circumstances, supporting the prosecution's case.

7. Last Seen Together Theory:
When the accused is last seen with the deceased, it becomes their duty to explain the circumstances under which the death occurred. Failure to provide a satisfactory explanation can lead to a strong presumption of guilt.

8. Police Official as a Witness:
The evidence of police officials should not be discarded merely because they are part of the investigating agency. Their testimony should be subject to strict scrutiny, and corroboration should be sought where possible. However, their evidence can be relied upon if found credible.

Conclusion:
The court concluded that the prosecution had established a complete chain of circumstantial evidence against the appellant. The appellant's failure to provide a satisfactory explanation for the incriminating circumstances, the last seen together theory, and the motive supported the conclusion of guilt. The appeal was dismissed, and the conviction and sentences were upheld.