1971 (9) TMI 191 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the appellant's conviction based on evidence.
2. Admissibility and scope of statements made under Sections 161 and 162, Cr. P.C.
3. Conduct of the investigation and its impact on the fairness of the trial.
4. Identification of the appellant and its legal sufficiency.

Detailed Analysis:

1. Legality of the Appellant's Conviction Based on Evidence:
The court examined whether there was sufficient legal evidence to uphold the appellant's conviction. The primary witness, Abdul Ghani Sheikh, claimed to have seen the appellant firing shots during a disturbance at a football match. However, his identification of the appellant was not corroborated by any prior identification parade or detailed description in the initial report (Ex. P-1). The court found that the witness's testimony was unreliable and insufficient to sustain the conviction.

2. Admissibility and Scope of Statements Made Under Sections 161 and 162, Cr. P.C.:
The court scrutinized the High Court's reliance on statements made to the police during the investigation under Section 161, Cr. P.C. The High Court had used these statements for corroboration, which is explicitly prohibited by Section 162, Cr. P.C. The Supreme Court emphasized that such statements could only be used to contradict or corroborate the witness's testimony in court but not as substantive evidence. The High Court's error in this regard significantly impacted the appellant's conviction.

3. Conduct of the Investigation and Its Impact on the Fairness of the Trial:
The appellant's counsel criticized the investigation for being biased and unfair. The court noted that the investigation lacked objectivity and impartiality. The investigating officer failed to take immediate steps to arrest the appellant despite allegedly knowing his identity on the day of the occurrence. This delay and the manner of the investigation cast serious doubt on its fairness and reliability.

4. Identification of the Appellant and Its Legal Sufficiency:
The court highlighted the importance of prompt and proper identification of the accused. Abdul Ghani Sheikh's identification of the appellant in court was not supported by any prior identification parade or detailed description in the initial report. Other witnesses, such as Abdul Hamid and Noor Mohd. Sheikh, also failed to provide reliable identification. The court found that the identification evidence was legally insufficient to convict the appellant.

Conclusion:
The Supreme Court concluded that the High Court had committed significant errors in its judgment. The reliance on statements made under Section 161, Cr. P.C., for corroboration was improper. The investigation was flawed and lacked fairness. The identification of the appellant was legally insufficient. Consequently, the court allowed the appeal, acquitted the appellant, and set aside the convictions and sentences under Sections 302 and 307, I.P.C.