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TMI Blog2009 (8) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived an information on wireless that someone by killing and also amputating the feet of a lady has taken away her silver anklets and that her dead body was lying near village, Kuthada. On receiving the aforesaid information, the SHO alongwith the police party rushed to the village, Kuthada where Sita Ram S/o Bhagwan Sahai submitted a written report, Exhibit P-7, on which he made an endorsement. On the basis of the aforesaid written report the police registered a case under FIR No. 302 of 1993 under Sections 302 and 394 of the IPC. On 13.08.2001 after registration of the said case, police started investigation. 3. During investigation, PW-21 prepared an inquest report of deceased Guli Devi, which is exhibited as Exhibit P-8. Sumer Singh (PW-19), Circle Officer inspected the site on 13.08.1993 and prepared the site plan. He also took into possession the blood smeared clothes of the deceased, blood smeared soil, a cement piece of floor of kheli having bloodstains, one strap of wrist watch - Exhibit P-5, one lathi and one pair of shoe - Exhibit P-6. He also recorded the statements of Smt. Mulli Devi, Ram Dayal, Gopal, Sanjay, Sita Ram, Mathura, Babu Lal, Smt. Chotta, Ramrai, Ramesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the IPC. After passing the order of conviction the accused was heard on the question of sentence and thereafter the Sessions Judge passed an order sentencing him to undergo life imprisonment with fine. 8. Being aggrieved by the aforesaid judgment and order passed by the trial court, the respondent herein filed an appeal in the High Court of Rajasthan, which was registered as D.B. Crl. Jail Appeal No. 331 of 1996. The aforesaid appeal came up for hearing before the Division Bench of the Rajasthan High Court. 9. After screening the evidence on record, the High Court held that there was no eyewitness to the occurrence and the entire case of the prosecution rests on the circumstantial evidence. Each of the circumstance allegedly making a chain was examined by the High Court and on scrutiny thereof held that none of the said circumstances lead to the inference that the respondent had committed the aforesaid offence. The High Court held that the circumstances relied upon by the prosecution are full of discrepancies and they do not inspire confidence so as to conclude that the accused had committed the offence. The High Court held that the statements of the prosecution witnesses rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pi", was recovered by the police did not have any bloodstains on it. Khushal Singh (PW-21) in his cross-examination has also categorically admitted that prima-facie no bloodstains were visible on "Khurpi" and for that reason he did not send it to the Forensic Science Laboratory. The High Court also pointed out that the place from where the "Khurpi" was recovered was an open place and was accessible to all and sundry. A perusal of Exhibit P-10 indicates that one "Khurpi" was recovered under the heap of stones and that "Khurpi" was found in a rusted condition. Another circumstance, which was heavily relied upon by the prosecution and also by the trial court was recovery of strap of wrist watch found on the dead body of Guli. The High Court held that two witnesses Kailash (PW-5) and Rameshwar (PW-14) have stated that they found the strap of wristwatch lying near the dead body before the police reached the spot and they handed over the same to the police. The High Court, however, on scrutiny of the evidence held that there is no evidence on record to prove and establish that the said strap of wristwatch relates to accused Naresh. The High Court also disbelieved the aforesaid circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our types of circumstantial evidences: (i) The accused was examining the palm by way of palmistry, of the deceased and there the deceased went towards the field. (ii) The accused also went towards the field. (iii) The accused washed his hands after committing the offence and blood of the deceased was found at the field. (iv) The accused returned from the field smeared with mud, alongwith a "Potli" in his hand, he was seen going away from the village, and upon the identification of the accused, the jewellery of the deceased, which had been removed and taken away by amputating feet from her body, the same were seized and that identification proceedings of these jewellery-items were carried out. 17. Each of the aforesaid circumstance was examined by the trial court in the light of the evidence on record and at the end it was held that the aforesaid circumstances prove and establish that it was accused who had committed the offence. The High Court, however, found that none of the aforesaid circumstances lead to a definite conclusion that it is the accused and accused alone who had committed the offence. 18. Before we discuss the evidence on record, we must bear in mind the scope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded. (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law. (3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion. (4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one pair of silver bracelets of hands, one pair of silver earrings and one golden nose-ring (nath) were allegedly taken away by him. When the allegation is that of amputation of both the feet by use of a "Khurpi" the same must have taken considerable time during the course of which the said witness (PW-4) would have seen the occurrence itself. There is also no explanation from PW4 as to why she turned her back when she saw accused washing him hands. She does not state that she had seen the deceased with the accused nor does she state that she had seen the accused smeared with mud. 20. There is not even a single statement coming from any of the witnesses that they had seen any water being smeared with blood of the deceased or any soil of the field being smeared with human blood. Some of the witnesses have stated that accused was smeared with mud when he was returning from the field whereas Mathura (PW-4) does not say so. She only states that she saw him running from the fields. It is also not known why the said witness had turned her back towards the accused only because the accused was washing his hands. If accused was washing his hands as stated by Mathura (PW-4) there is no like ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t he sold the jewellery to Ram Chandra Saraf whereas the same was recovered from PW-20. On scrutinizing the evidence, we find that the aforesaid recovery of jewellery is shrouded in a total mystery as it was not recovered from the place and person to whom allegedly accused sold. 23. So far recovery of "Khurpi" is concerned the same admittedly did not contain any bloodstains on it and it was recovered from an open place. Since there was no bloodstain on it, the police also did not send it for chemical examination. Therefore, it cannot be said that the said weapon was used for committing murder of the deceased. There could be some suspicion regarding the conduct of the accused at the time of occurrence but the same cannot in any manner conclusively prove and establish that the accused has committed the murder of the deceased. Unless and until we are satisfied that the evidence adduced clearly and pointedly establish the guilt of the accused we cannot pass an order of conviction by setting aside the order of acquittal. 24. The view that is taken by the High Court is found to be a plausible view, and therefore, the benefit must always go to the accused and not to the prosecution. If ..... X X X X Extracts X X X X X X X X Extracts X X X X
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