9911796707
TMI Blog2006 (11) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... I.P.C. was set aside. The respondent herein Kashi Ram was married to Kalawati (deceased) about seven years before the occurrence. They were blessed with two children, Suman (deceased) and Guddi (deceased) aged two and half years and two and half months respectively. It appears from the record that the relationship between them was not cordial and there were incidents of the respondent assaulting Kalawati and treating her with cruelty. A Panchayat had also been convened at the house of the father of the respondent, however, the respondent's father pleaded helplessness since the appellant did not pay any heed to his advice. The result was that Kalawati stayed with her parents for about two years. Later Harchand, father of the respondent assured her parents that Kashi Ram had improved in his behaviour and, therefore, Kalawati should be sent to her matrimonial home. On being convinced, Kalawati was sent to her matrimonial home. The case of the prosecution is that after some time Kashi Ram again started mis-behaving in the same old manner and used to beat his wife Kalawati off and on. The case of the prosecution is that the respondent killed his wife and two daughters on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... February 3, 1998 as usual Mamraj, PW-2 had gone to supply milk. His sister Kalawati told him not to bring milk in future. On the next day, that is on February 4, 1998 Mamraj PW-2 noticed that the entrance of the house of the respondent was locked. On enquiry, he was told by a neighbour Gurdayal Singh that he had seen the respondent and his family members till last evening but he did not know where they had gone thereafter. In the evening at about 5.30 p.m. the mother of Kalawati (PW- 5) came to the informant and told him that she suspected something, and therefore, requested him to find out the whereabouts of the respondent and his family members. The informant went on a motor- cycle along with one Sheo Narayan (PW-1) to search for the respondent and his family members. On the way, he met Kashmiri Lal and another son of Harchand on the bridge. On enquiry they told him that the respondent along with his family members may have gone to the Suratgarh fair and that they were also waiting for them. In the meantime, Harchand father of the respondent also came. The informant asked them to come to the house of the respondent rather than wait on the bridge. Accordingly, they all proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im not to bring milk thereafter since milk was to be supplied by her husband's elder brother. She claimed that she had gone to the house of the deceased on Thursday, i.e. on February 5, 1998, but finding the doors locked she had returned. She had made enquiries from the neighbourers, who told her that they had seen them on Tuesday (February 3, 1998) evening but not thereafter. She had again gone to her daughter's house on Friday and it was again found locked. She grew suspicion and, therefore, requested Inder Bhan, PW-6 and Sheo Narayan, PW-1 to search for them. PW-2, Mamraj, a brother of deceased Kalawati has also narrated the incidents relating to the cruel treatment meted out to Kalawati by her husband. According to this witness, he used to deliver milk at the house of the respondent, since the brother of Kashi Ram, who used to supply milk to them, was ill. On February 3, 1998 when he had gone to supply milk he was told by the respondent and his sister Kalawati (deceased) to stop further supply of milk. On February 4, 1998 while returning home he had found the house of Kalawati (deceased) locked. On the next day, when his mother PW-5, went to the house of Kalawati, sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the waist chord, and the keys of the two locks, from possession of the respondent pursuant to his statement recorded under Section 27 of the Evidence Act. Reliance was also placed by the trial court on the extra-judicial confession said to have been made by the respondent before PWs 3 and 4. The trial court also found that the house was found locked on February 4, 1998, and till he was arrested on February 17, 1998, the whereabouts of the respondent were not known. Even after his arrest he did not offer any explanation and even at the trial only denied the allegations made against him without offering any explanation for his absence during the crucial days. Relying on these circumstances, and finding that the deaths were homicidal as proved by the medical evidence on record, the trial court came to the conclusion that the only inference that could be drawn from the proved facts and circumstances was that the respondent after committing the murder of his wife and his two daughters locked the house and disappeared from the scene. He was arrested two weeks later but failed to give any explanation in defence. Accordingly, the trial court finding the respondent guilty of the offence pun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have stated that the waist chord was not recovered from the spot, but in the facts of the case the benefit of doubt must go to the accused. The most important circumstance that the respondent was last seen with the deceased on February 3, 1998 whereafter he had disappeared and his house was found locked and that he had offered no explanation whatsoever, was disposed of by the High Court in one short paragraph observing that there was nothing unusual if the accused was seen in the company of his own family members in his house. On such reasoning, the High Court held that the circumstantial evidence relied upon by the prosecution was not strong enough to sustain the conviction of the respondent. Accordingly, the High Court allowed the appeals preferred by the respondent and declined the death reference made by the trial court for confirmation of the sentence of death. We have been taken through the entire evidence on record. The medical evidence on record clearly proves that the death of Kalawati and her two minor daughters was homicidal caused by strangulation. The cause of death was asphyxia. It is also established on record that the deceased was last seen alive in the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if at all only he could explain what happened thereafter. He, therefore, submitted that in the facts of the case, in the absence of any explanation offered by the respondent, an inference must be drawn against the respondent which itself is a serious incriminating circumstance against him. He has supported his argument relying upon several decisions of this Court. Before adverting to the decisions relied upon by the counsel for the State, we may observe that whether an inference ought to be drawn under Section 106 IPC is a question which must be determined by reference to proved. It is ultimately a matter of appreciation of evidence and, therefore, each case must rest on its own facts. In Joseph s/o Kooveli Poulo Vs. State of Kerala (2000) 5 SCC 197; the facts were that the deceased was an employee of a school. The appellant representing himself to be the husband of one of the sisters of Gracy, the deceased, went to the St. Mary's Convent where she was employed and on a false pretext that her mother was ill and had been admitted to a hospital took her away with the permission of the Sister in charge of the Convent, PW-5. The case of the prosecution was that later the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, it was for the appellants to have explained what they did with him after they took him away. When the abductors withheld that information from the court, there is every justification for drawing the inference that they had murdered the boy. Even though Section 106 of the Evidence Act may not be intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt, but the section would apply to cases like the present, where the prosecution has succeeded in proving facts from which a reasonable inference can be drawn regarding death. The appellants by virtue of their special knowledge must offer an explanation which might lead the Court to draw a different inference . In Sahadevan alias Sagadevan Vs. State represented by Inspector of Police, Chennai (2003) Vol. 1 SCC 534, the prosecution established the fact that the deceased was seen in the company of the appellants from the morning of March 5, 1985 till at least 5 p.m. on that day when he was brought to his house, and thereafter his dead body was found in the morning of March 6, 1985. In the background of such facts the Court observed: Therefore, it has become obligatory on the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his circumstance, therefore, provides the missing link in the chain of circumstances which prove his guilt beyond reasonable doubt. Counsel for the respondent submitted that no reliance can be placed on the evidence of Mamraj, PW-2, the brother of the deceased, who stated that when he had gone to the house of the deceased on February 3, 1998 he had seen his sister as well as the respondent in the house and he was asked not to bring milk thereafter since alternative arrangement had been made. This statement of Mamraj, PW-2 was not even challenged in his cross-examination. Even in the course of investigation Mamraj, PW-2 had made a statement to the same effect. It cannot therefore, be said that he had introduced this fact for the first time at the trial. Learned counsel submitted that the aforesaid statement of PW-2 was not specifically put to the accused when he was examined under Section 313 Cr.P.C.. That may be so, but in the facts of the case, we find that by such omission no prejudice has been caused to the appellant. Mamraj, PW-2 had deposed in his presence and was exhaustively cross-examined by counsel appearing for him. The statement of Mamraj, PW-2 regarding his having se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of PW-2 was not mentioned as a person who had also seen him on that day with the deceased. The fact remains that the incriminating circumstance was put to the accused and his response was a bald denial. We do not find that any prejudice was caused to the respondent by not mentioning the name of PW-2, when the incriminating circumstance appearing against him was put to him. In the facts and circumstances of the case, we are satisfied that this appeal ought to be allowed. The High Court completely brushed aside the most incriminating circumstance which was proved by the prosecution namely - that the respondent was last seen with his wife on February 3, 1998 whereafter the house was found locked and the respondent was not to be seen anywhere. He continued to be traceless till February 17, 1998 when he was arrested. The respondent did not offer any explanation in defence and his response to all the incriminating circumstances put to him in his examination under Section 313 Cr.P.C. was a bald denial. The following incriminating circumstances are clearly established against the respondent : a) That he was not on cordial terms with his wife Kalawati. b) On the evening of Febru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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