2023 (7) TMI 102 - HC - Indian Laws

Allegation of Murder - whether the prosecution has succeeded in proving its case against the accused appellants, beyond reasonable doubt, on the basis of evidence led in the matter? - whether the conviction and sentence awarded to the two accused appellants is just and proper or not? HELD THAT - The fact that PW-4 was a related and chance witness whose testimony needed a closure scrutiny has completely escaped the attention of the court below. The limited faculties of PW-4 at the advance age of 80 years has also been overlooked. The questions raised with regard to timing of incident as per the prosecution has also been overlooked only on the ground that couple of hours variation can be expected in the assessment of time. Though as a matter of prudence such difference can be ignored but where the prosecution case is seriously challenged on other parameters also the court will have to view the evidence in its entirety so as to determine whether the deposition of the witnesses contains a ring of truth around it. The delay occasioned in recording of the statement of PW-4 has also escaped the attention of the court below. In the case before the Supreme Court in RAJESH YADAV ANR. ETC. VERSUS STATE OF U.P. 2022 (2) TMI 1299 - SUPREME COURT the witness had initially supported the prosecution case in the examination-inchief but turned hostile, later, at the stage of cross-examination. The Supreme Court has deprecated the adjournment of trial after the statement of witness is recorded in examination-in-chief as such time is utilized either to win over the witness or to extend threats etc. In the facts of the present case the witnesses who have turned hostile have not supported the prosecution case at the stage of examination-in-chief itself. The judgment of Supreme Court in Rajesh Yadav, therefore, though lays down important principle for guidance of the Court but is not shown to have relevance on the facts of this case. The first principle laid down by the Supreme Court for evaluation of ocular evidence is that the evidence of witness has to be read as a whole in order to ascertain that it has a ring of truth around it - the testimony of the sole eyewitness are examined on the touchstone of an interested chance witness and it is found that his testimony is shaky and does not inspire confidence of the Court. On the evaluation of evidence led by the prosecution in this case and on the basis of discussions held above, we find that it would not be safe to rely upon the testimony of sole eye-witness, namely PW-4, to convict the accused appellants under Section 302, 506 IPC. The finding returned by the court below with regard to guilt of the accused appellants is, therefore, liable to be reversed - the appellants are acquitted of the charges levelled against them. Since the appellants have already been released on bail by the Supreme Court, as such, their sureties and bonds shall stand discharged and they shall be set free, unless they are wanted in any other case, subject to compliance of section 437A Cr.P.C. Appeal allowed.

Summary

Issues Involved:
1. Legality of the conviction and sentence under Sections 302, 506 IPC.
2. Reliability of the sole eyewitness (PW-4).
3. Adequacy of the investigation and handling of evidence.
4. Impact of hostile witnesses on the prosecution's case.
5. Evaluation of medical evidence and timing of the incident.

Summary:

1. Legality of the Conviction and Sentence:
The appeal challenges the conviction and sentence of Angad Rai and Umesh Rai for the murder of Rajendra Rai, arguing that the prosecution failed to establish their guilt beyond reasonable doubt. The trial court had sentenced them to life imprisonment and other punishments under Sections 302/34 and 506 IPC.

2. Reliability of the Sole Eyewitness (PW-4):
The prosecution's case heavily relied on the testimony of PW-4, the sole eyewitness. The defense questioned his presence at the scene, noting that he was a related and chance witness. The court found multiple inconsistencies in his testimony, such as his claim of going to the market on a day when no market was held and his delayed statement to the police. The court also noted his advanced age and limited faculties, which cast doubt on his ability to accurately witness and recall the incident.

3. Adequacy of the Investigation and Handling of Evidence:
The court criticized the investigation for not thoroughly probing the alleged threats from political figures and for not producing key witnesses like Shiv Kumar Yadav. The court noted that the investigation seemed to have been influenced by political pressures, leading to a botched investigation. The absence of a motorcycle at the crime scene and the lack of bloodstained clothes from the informant further weakened the prosecution's case.

4. Impact of Hostile Witnesses on the Prosecution's Case:
Many eyewitnesses turned hostile, which the prosecution attributed to the political influence exercised by the accused. The court acknowledged this but found that the remaining evidence was insufficient to establish the guilt of the accused beyond reasonable doubt.

5. Evaluation of Medical Evidence and Timing of the Incident:
The defense argued that the timing of the incident, as indicated by the medical evidence, contradicted the prosecution's timeline. The court found that the existence of semi-digested food in the deceased's stomach suggested an earlier time of death, which was not adequately explained by the prosecution. The court also found the prosecution's attempt to align the medical evidence with their timeline unconvincing.

Conclusion:
The court concluded that the prosecution failed to prove the guilt of the accused beyond reasonable doubt. Given the inconsistencies in the eyewitness testimony, the inadequacies in the investigation, and the questionable timing of the incident, the court allowed the appeal, setting aside the conviction and sentence. The accused were acquitted and their sureties and bonds discharged.