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TMI Blog2006 (8) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... categorically state in regard to the exact time of death. In a case of this nature, it was difficult to pinpoint the exact time of death. The autopsy surgeon told about the approximate time lag between the date of post mortem examination and the likely date of death. He did not explain the basis for arriving at his opinion. Appeal dismissed. - Writ Petition (crl.) 1621 of 2005 - - - Dated:- 24-8-2006 - SINHA, S.B. AND BHANDARI, DALVEER CHAND, JJ. JUDGMENT S.B. SINHA, J. The Appellants herein with Bharat Rai and Ganeshi Rai (since deceased) were prosecuted for commission of the offence of causing intentional death to one Baijnath Singh and disappearance of his dead body. A First Information Report was lodged by Rajnath Singh (PW-3), brother of Baijnath Singh (deceased) alleging that on 21.8.1980 at about 4 in the afternoon he along with him was at their plot of land situated by the side of a Dhab in the north of village Dudhiyan where they had gone for cutting Masuria Crops. The Appellants together with Bharat Rai and Ganeshi Rai, variously armed, took them forcibly on a boat to the Dhab letting the boat moving freely. After the boat had proceeded some distance, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that view of the matter the prosecution case cannot be said to have been proved. It was further submitted that some of the independent witnesses who could throw light on the prosecution case had deliberately been withheld by the prosecution as a result whereof the Appellants suffered grave prejudice. Non-examination of independent and uninterested witnesses by the prosecution, having regard to the fact of the case, Mr. Mishra would submit, was imperative. Reliance in this behalf has been placed on Sahaj Ram and Others v. The State of U.P. [(1973) 1 SCC 490] and Habeeb Mohammad v. The State of Hyderabad 1954 SCR 475]. The High Court, it was urged, committed a serious error in passing the impugned judgment insofar as it failed to take into consideration the fact that the deceased was having criminal background and, thus, could have been done to death by others. The Appellants, it was contended, have been implicated because of the enmity. Inconsistency in depositions of PWs, it was submitted, had also not been taken into consideration by the courts below. It also argued that the Trial Court as also the High Court ought to have considered individual overt acts on the part of eac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seeing his face and other features. The dead body was found in a field of maize situate in Mauza Banwarichak. It was at a distance of about 1.5 kms. from the place of occurrence. According to him, river Ganges flows at a distance of 3 kms. South from that field and about 20 kms. from the West of the said field. From the place where the dead body was found, river Ganges flows at a distance of 1.5 miles East. The place has been completely surrounded by the said river. According to him, crops had also been sown in the field. The dead body was also noticed by Ram Swarup Singh. The informant (PW-3) was informed thereabout. He also went to the spot and identified the dead body as that of his brother. The police authorities were also informed in regard thereto. Another witness who was examined by the prosecution was Satyanand Singh (PW-1). He was also an eye-witness. He was sitting on a Machan. He not only named the accused persons having assaulted Baijnath Singh, but also stated that he had seen the informant escaping from the clutches of the accused. PW-2 another eye-witness is Kameshwar Singh. He was also in his maize field at the time of occurrence. He corroborated the statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en report on a careful reading plainly means that the accused arrived there on a boat and forcibly picked up the informant and his brother on it and took them in the direction of the Dhab. We, thus, find no inconsistency, much less, any contradiction in the prosecution story as stated in the written report and as deposed before the court by the witnesses." In regard to the identification of the dead body, the learned Sessions Judge held that the dead body was that of Baijnath Singh which had duly been proved by PWs 3 and 4. We may at this juncture notice the medical evidence. Dr. Sheonandan Barunwal, who examined himself as PW-6, proved the post mortem report. The dead body before him had been identified as that of Baijnath Singh by the constable, Rajnath Singh and the Chowkidar. The age of the deceased was said to be 35 years. The clothes were having a ganji, dhoti and a small chadar. The body was in a decomposed condition. Rigor mortis was absent. The body had three cut wounds. It was categorically stated that the hairs of scalp were intact. The post mortem report does not suggest that there was no mark on face or identification marks were totally absent. In his opinion, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itnesses were inimically disposed of towards the informant. The Appellants have not brought on record any material to show that the aforementioned stand taken by the prosecution was not correct. It is true that ordinarily the prosecution should examine all witnesses whose names have been disclosed in the chargesheet; but, then the same cannot be said to be a rule having universal application. Each case has to be considered on its own facts. It is now well-settled that what is necessary for proving the prosecution case is not the quantity but quality of the evidence. The court cannot overlook the changes in the value system in the society. When an offence is committed in a village owing to land dispute, the independent witnesses may not come forward. In Sheelam Ramesh and Another v. State of A.P. [(1999) 8 SCC 369], this Court opined: Courts are concerned with quality and not with quantity of evidence and in a criminal trial, conviction can be based on the sole evidence of a witness if it inspires confidence." Yet again in Pohlu v. State of Haryana [(2005) 10 SCC 196], this Court opined: "It is true that it is not necessary for the prosecution to multi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examined. Nor it is proper to reject the case for want of corroboration by independent witnesses if the case made out is otherwise true and acceptable." In Habeeb Mohammad (supra), whereupon Mr. Mishra has placed strong reliance, this Court stated that prosecution was not bound to call all available witnesses irrespective of consideration of number of reliability, witnesses essential to the unfolding of the narrative on which the prosecution was based must be called by the prosecution, whether in the result the effect of their testimony is against the case of the prosecution. However, in that case the Appellant there was a Subedar. The allegation against him was that he ordered the police to fire. The Deputy Commissioner of Police who had accompanied the Appellant and had witnessed the occurrence had not been examined by the prosecution. It was in that fact situation held that the prosecution should have examined the said witness. It was held that the Appellant was considerably prejudiced by the omission on the part of the prosecution to examine the said officer and other officers in the circumstances of the said case and the conviction of the Appellant merely based on the test ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever, some of the witnesses examined by the prosecution are independent. The evidence of all the witnesses are more or less consistent. Nothing has been pointed out to discredit their testimonies. The learned Sessions Judge as also the High Court, therefore, cannot be said to have committed any mistake in relying upon the testimonies of the said witnesses. A contention was raised that autopsy surgeon opined that the death must have taken place 10 days prior to the post mortem examination and in that view of the matter the prosecution case should be disbelieved. The murder allegedly took place on a boat. The dead body was thrown in the water. It remained under water for more than five days. Rigor mortis was absent and the body was fully decomposed. The soft tissues of some of the parts of the body had been eaten away by fish. Medical science has not achieved such perfection so as to enable a medical practitioner to categorically state in regard to the exact time of death. In a case of this nature, it was difficult to pinpoint the exact time of death. The autopsy surgeon told about the approximate time lag between the date of post mortem examination and the likely date of death. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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