2015 (9) TMI 1450 - SC - Indian Laws

Offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 - applicability of last seen together theory - Held that - The prosecution story relies upon the last seen together theory, which resulted into the death of Ganesh. This Court has time and again laid down the ingredients to be made out by the prosecution to prove the last seen together theory. The Court for the purpose of arriving at a finding as to whether the said offence has been committed or not, may take into consideration the circumstantial evidence. However, while doing so, it must be borne in mind that close proximity between the last seen evidence and death should be clearly established. Yet, the prosecution has failed to prove the evidence which establishes the last seen together theory beyond reasonable doubt to prove the guilt of the accused. The prosecution merely proved the motive which could have compelled the accused, and that the accused went to the bar with one other person, but the identity of that other person is not clearly established at all. The post-mortem report fails to specify any approximate time of death and in light of the recovery of the dead body on 20.01.2001, after 4 days, which is not a small gap since the deceased disappeared on 16.01.2001, it is not appropriate to convict the accused when his role is not firmly established.

Summary

Issues:
- Appeal against acquittal based on failure to prove incriminating circumstances
- Examination of 'last seen together' theory and recovery of material objects

Analysis:
1. Appeal Against Acquittal:
- The case involved an appeal against the acquittal of the respondent by the High Court based on the failure of the prosecution to prove the incriminating circumstances, including the last seen theory and discovery evidence.
- The Trial Court had convicted the respondent for the offence under Section 302 IPC, but the High Court acquitted him, citing discrepancies in the evidence presented by the prosecution.
- The State challenged the acquittal, arguing that the motive, homicidal nature of death, last seen theory, and recovery of material objects were established beyond reasonable doubt.

2. Examination of 'Last Seen Together' Theory and Recovery of Material Objects:
- The prosecution heavily relied on the 'last seen together' theory to link the accused with the deceased's disappearance and subsequent death.
- Witnesses PW5, PW6, and PW8 were presented to support this theory, but the High Court pointed out discrepancies in their statements, raising doubts about the chain of events.
- The recovery of material objects, including a piece of saree and a shoelace, was also contested as being artificially planted, as the items did not seem to fit naturally in the sequence of events.
- The High Court rejected the extra-judicial confession and highlighted inconsistencies in witness testimonies, leading to doubts about the prosecution's case.
- Citing previous legal precedents, the Supreme Court emphasized the need for clear and convincing evidence to establish the 'last seen together' theory, which was lacking in this case.
- Ultimately, the Supreme Court found no grounds to interfere with the High Court's judgment of acquittal, as the prosecution failed to establish the guilt of the accused beyond reasonable doubt.

In conclusion, the Supreme Court dismissed the appeal, upholding the High Court's acquittal of the respondent due to the prosecution's failure to prove the incriminating circumstances, particularly the 'last seen together' theory and the recovery of material objects. The Court emphasized the importance of establishing a clear link between the accused and the crime, which was lacking in this case, leading to the dismissal of the appeal.