2003 (8) TMI 564 - SC - Indian Laws

Challenged the acquittal order of High Court - commission of offence punishable u/s 302 of IPC - non- acceptability by evidence relating to alleged extra judicial confession - Credibility of extra-judicial confession - Presence of human blood on the accused's clothes - HELD THAT - If the evidence relating to extra judicial confession is found credible after being tested on the touchstone of credibility and acceptability, it can solely form the basis of conviction. The requirement of corroboration as rightly submitted by learned counsel for the respondent-accused, is a matter of prudence and not a invariable rule of law. It is improbable, as rightly held by the High Court that the accused would repose confidence on a person who is enemically disposed towards him, and confess his guilt. Similarly, PW- 3 is a close relative of PW-4 and as records reveal, a person of doubtful antecedents being a history sheeter. Though that alone cannot be the ground to discard his evidence, the totality of circumstances cast an indelible shadow of doubt on his evidence. It is to be noted that accused examined himself as DW-1. Though it was the prosecution version that there was also extra judicial confession before informant Sahi Ram (PW-6) that was disbelieved by both the Trial Court and the High Court in view of the fact that he stated differently from what was allegedly stated by him during investigation. He disowned that the accused made any confessional statement before him. Though the prosecution during cross-examination of the accused (DW-1) suggested that he had made extra judicial confession before PW-6, significantly not even such a suggestion was given in respect of PW-3 4. Coming to the bloodstains on the cloth which were allegedly seized on being pointed out by the accused, the forensic laboratory report indicated that there were blots of human blood on the shirts and trousers of the accused. There was no effort to find out the blood group. In fact, the High Court noted this position and observed that presence of PW-4 at the time of recovery is doubtful as he has been found to be an unreliable witness. It was observed that even if it is accepted that there was existence of blood, this circumstance is not such from which it can be found that the accused was perpetrator of the crime. In the aforesaid report (Ex.61) it was clearly stated that the blood group of blood found on the clothes could not be determined. Neither the blood group of the deceased nor that of the accused was determined. In that background, the High Court held that the possibility of the blood being that of the accused cannot be ruled out. In view of the findings recorded by the High Court about the non- acceptability by evidence relating to alleged extra judicial confession, the conclusions of the High Court cannot be said to be one which are unsupportable. We decline to interfere in the appeals, and the same are dismissed.

Summary

Issues Involved:
1. Legality of the High Court's acquittal of the accused.
2. Evaluation of circumstantial evidence.
3. Credibility of extra-judicial confession.
4. Presence of human blood on the accused's clothes.

Summary:

1. Legality of the High Court's Acquittal of the Accused:
The State of Rajasthan appealed against the High Court's judgment acquitting the accused of charges u/s 302 IPC. The accused was initially found guilty by the Additional Session Judge, Hanumangarh, and sentenced to death. The High Court, however, found the evidence inadequate to sustain the conviction, leading to the acquittal.

2. Evaluation of Circumstantial Evidence:
The prosecution's case was based on circumstantial evidence, including extra-judicial confession, the accused's suspicious conduct, and human blood on the accused's clothes. The Supreme Court reiterated that circumstantial evidence must form a complete chain leading to the guilt of the accused, excluding any other hypothesis. The High Court found the evidence presented by PW-3 and PW-4 unreliable and incogent, thus failing to establish the accused's guilt beyond reasonable doubt.

3. Credibility of Extra-Judicial Confession:
The trial court relied on the extra-judicial confession made by the accused to PW-3 and PW-4. The Supreme Court noted that extra-judicial confessions must be voluntary, true, and made in a fit state of mind. The High Court found it improbable that the accused would confess to individuals who were not favorably disposed towards him. The Supreme Court agreed with the High Court's assessment that the evidence of PW-3 and PW-4 was unreliable, particularly given PW-4's enmity with the accused and PW-3's doubtful antecedents.

4. Presence of Human Blood on the Accused's Clothes:
The forensic report indicated human blood on the accused's clothes, but the blood group was not determined. The High Court observed that this evidence alone was insufficient to establish the accused's guilt, especially since the blood group of the deceased and the accused was not determined. The Supreme Court upheld this view, noting that the presence of blood did not conclusively link the accused to the crime.

Conclusion:
The Supreme Court upheld the High Court's judgment acquitting the accused, finding no compelling reason to interfere. The evidence presented did not conclusively establish the accused's guilt, and the principles governing circumstantial evidence and extra-judicial confessions were not met. The appeals were dismissed.