1997 (7) TMI 661 - SC - Indian Laws

Issues Involved:
1. Delay in filing.
2. Duty of citizens and officials in criminal trials.
3. Hostile witnesses sabotaging prosecution.
4. Protection for witnesses.
5. Charges under TADA Act, Arms Act, and IPC.
6. Acquittal by Designated Court.
7. Evaluation of circumstantial evidence.
8. Admissibility of confession.
9. Reliability of hostile witnesses.
10. Homicidal death and weapon identification.
11. Motive for the crime.
12. Conviction and sentencing.

Detailed Analysis:

1. Delay in Filing:
The court condoned the delay and granted leave to proceed with the appeal.

2. Duty of Citizens and Officials in Criminal Trials:
The court emphasized that every criminal trial is a quest for truth and public justice, requiring the cooperation of citizens and officials. It criticized the conduct of several officials, including a Deputy Collector and a Mamlatdar, who turned hostile and failed to fulfill their duty.

3. Hostile Witnesses Sabotaging Prosecution:
The court noted that 45 key witnesses, including high-ranking officials, turned hostile, undermining the prosecution's case. This highlighted the need for legislative and executive action to protect the integrity of the criminal justice system.

4. Protection for Witnesses:
The judgment underscored the necessity for the state to extend protection to witnesses, especially in cases involving terror instilled by the accused.

5. Charges under TADA Act, Arms Act, and IPC:
The appeal arose out of charges against two accused under Sections 3 and 5 of the TADA Act, Section 25(1)(a) of the Arms Act, and Sections 302 and 114 of the IPC for causing terror and the death of a sitting MLA.

6. Acquittal by Designated Court:
The Designated Court had acquitted the respondents, concluding that the prosecution failed to prove the presence, actions, and possession of the weapon by Accused No. 1 beyond reasonable doubt.

7. Evaluation of Circumstantial Evidence:
The Supreme Court focused on circumstantial evidence, noting that while witnesses might lie, circumstances do not. It examined whether the confession to PW-4 was admissible and whether PW-4 was a police officer under Section 25 of the Evidence Act.

8. Admissibility of Confession:
The court reviewed precedents to determine that PW-4, Jhala, was not a police officer under the meaning of Section 25 of the Evidence Act, making the confession admissible. However, it ultimately decided not to rely on the confession due to procedural issues.

9. Reliability of Hostile Witnesses:
The court reiterated that the testimony of hostile witnesses is not entirely effaced and can be accepted if found dependable upon scrutiny. It criticized the trial court for not properly analyzing the evidence of hostile witnesses.

10. Homicidal Death and Weapon Identification:
The court confirmed the homicidal death of the deceased through post-mortem evidence. It also established the identification of the weapon used, despite some procedural lapses, based on the testimony of officers present at the scene.

11. Motive for the Crime:
The court dismissed the argument that the prosecution failed to prove a motive, stating that the absence of motive does not invalidate the prosecution's case.

12. Conviction and Sentencing:
The Supreme Court set aside the acquittal, convicting Anirudh Singh under Section 302 of the IPC and Section 5 of the TADA Act. He was sentenced to life imprisonment and three years' imprisonment, respectively, to run concurrently. The appeal against the second respondent was dismissed.

Conclusion:
The judgment highlighted the critical role of citizen and official cooperation in criminal trials, the challenges posed by hostile witnesses, and the need for protective measures. It reinforced the admissibility standards for confessions and the careful scrutiny required for circumstantial evidence, ultimately leading to the conviction of the primary accused.

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