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TMI Blog2003 (9) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... hable under Section 302 IPC he was awarded death sentence and for other offences period of sentence already undergone in custody. Accused Umed Singh was convicted for offences punishable under Section 201 IPC and was directed to suffer RI for 3 years and fine. Both the accused persons preferred appeal before the High Court. The High Court by the impugned judgment found them not guilty. According to the prosecution, death of the victim was on 6.9.1991 and passing through a chain of incidents and happenings, finally the First Information Report was lodged on 9.9.1991. In between, a ransom letter meant for somebody else was found in torn condition and that led to suspicion against the accused-respondents. Accused-Jagbir is related to Daya Nand (PW7), a teacher. It appears that on account of several circumstances, the villagers thought that accused-Jagbir was responsible for disappearance of the child. He was given time to produce the child. A ransom note was found to be in the hand writing of accused-Jagbir and he is stated to have pointed out the place where the dead body was buried in his house and also on the basis of his information certain articles were recovered. It was also th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the accused persons were responsible for his death and the prosecution was able to prove its claims beyond reasonable doubt. As stated earlier the case rests on circumstantial evidence. It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person. (See Hukam Singh v. State of Rajasthan AIR (1977 SC 1063); Eradu and Ors. v. State of Hyderabad (AIR 1956 SC 316); Earabhadrappa v. State of Karnataka (AIR 1983 SC 446); State of U.P. v. Sukhbasi and Ors. (AIR 1985 SC 1224); Balwinder Singh v. State of Punjab (AIR 1987 SC 350); Ashok Kumar Chatterjee v. State of M.P. (AIR 1989 SC 1890). The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. In Bhagat Ram v. State of Punjab (AIR 1954 SC 621), it was laid down that where the case depends upon the conclusion drawn fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstantial evidence: (1) the facts alleged as the basis of any legal inference must be clearly proved and beyond reasonable doubt connected with the factum probandum; (2) the burden of proof is always on the party who asserts the existence of any fact, which infers legal accountability; (3) in all cases, whether of direct or circumstantial evidence the best evidence must be adduced which the nature of the case admits; (4) in order to justify the inference of guilt, the inculpatory facts must be incompatible with the innocence of the accused and incapable of explanation, upon any other reasonable hypothesis than that of his guilt, (5) if there be any reasonable doubt of the guilt of the accused, he is entitled as of right to be acquitted". There is no doubt that conviction can be based solely on circumstantial evidence but it should be tested by the touch-stone of law relating to circumstantial evidence laid down by the this Court as far back as in 1952. In Hanumant Govind Nargundkar and Anr. V. State of Madhya Pradesh, (AIR 1952 SC 343), wherein it was observed thus: "It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 73 of the Evidence Act. It was noticed by this Court in State of Uttar Pradesh v. Ram Babu Misra AIR 1980 SC 791) that the Chief Judicial Magistrate has no power to direct the accused to give his specimen signature for comparison during investigation. Section 73 of the Evidence Act reads as follows: "Section 73- Comparison of signature, writing or seal with others admitted or proved: In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose. The Court may direct any person present in court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. This section also applies, with any necessary modifications, to finger-impressions". The second paragraph of Section 73 enables the Court to direct any pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port was lodged by PW7 after knowing about the extra judicial confession, there is no mention about this vital fact. In a given circumstance, omission to mention about the particular aspect may not render prosecution version suspicious. But when circumstances in the present case are taken in the entirety alleged extra judicial confession is not believable. In order to make an extra judicial confession a reliable evidence it has to be shown that the same was voluntary. The factual scenario as presented by the prosecution goes to show that the alleged extra judicial confession cannot be termed to be voluntary even if it was said to have been made, as claimed. The High Court was right in discarding the alleged extra judicial confession. What remains now to be seen is whether the recovery of the dead body from the premises of accused establishes prosecution version. According to the prosecution when the Panchayat gave time to the accused to produce the boy alive or dead, he accepted that the dead body was buried in his compound. The accused dug the land and on seeing leg of the dead body they stopped digging and went to the police. The High Court has found that prosecution claimed tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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