Penal Code, 1860 – ss.302, 34 – Murder – Death sentence – Appellant convicted for the ghastly incident involving murder of his real brother, sister-in-law, and their four children and awarded death sentence – Acquittal of the co-accused by giving her the benefit of the doubt – Appeal thereagainst by the State, dismissed – Also, dismissal of the appeal filed by the appellant, upholding the order of conviction and death sentence – Sustainability:
Held: Not sustainable – Prosecution failed to prove even one of the three so-called incriminating circumstances, ‘motive’, ‘last seen’ and ‘recoveries’ in its quest to bring home the guilt of the appellant – Prosecution failed to lead even an iota of evidence to show that the appellant was deprived of the plot of land owned by him so as to connect such transaction with the theory of motive – Evidence of some prosecution witnesses conjectural and hearsay in nature – Two prosecution witnesses created by the prosecution and their testimony totally unworthy of credence – Inherent infirmities in the testimony of the Investigating Officer completely discredits the prosecution’s case regarding the so-called incriminating recoveries – Substratum of the prosecution case regarding the disclosure statements rendered by the appellant and the recoveries allegedly made in furtherance thereof remains unproved for want of proper evidence – Utter lackadaisical approach on part of the Investigating Agency as well as the prosecution – Investigation of a case involving gruesome murders of six innocent persons carried out in a most casual and negligent manner contributing significantly to the failure of the prosecution’s case as against the appellant – Public Prosecutor conducting the trial and as also the Presiding Officer of the trial court totally remiss while conducting the trial – Evidence of the material prosecution witness recorded without adhering to the mandatory procedural requirements of the Evidence Act – High Court failed to advert to the inherent improbabilities and infirmities in the prosecution case – Impugned judgments quashed and the conviction of the appellant set aside – Evidence Act, 1872. [Paras 20-22, 26, 27, 32, 34-38]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain Dated 20th March, 2017 and 9th January, 2019 passed by the trial Court and the High Court, respectively.. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.