Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder and robbery - Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:s.302 r/w s.341 and s.392 r/w s. 397 - Murder and robbery - Circumstantial evidence - Extra-judicial confession of co- accused - Held: In two confessions made by co-accused, there are inconsistencies as in the first confession he named a different person as his accomplice who had taken the recovered articles whereas in the subsequent confession he named the two appellants as his accomplices and also stated that they had taken the recovered articles - The discrepancy is a glaring one as he named different accomplices in the same incident - Further, his confessional statement does not establish anything beyond the fact that the two accused- appellants might have possessed stolen goods - It does not support prosecution case that appellants were involved in commission of murder - Thus, reliance on extra judicial confession of co-accused is misplaced - Further, no proper recovery has been made - The objects recovered were too common articles not of much value -Moreover, evidence of recovery witness does not inspire confidence - There is no evidence to establish presence of appellants near the scene of crime - There is a gap between circumstances relied upon by prosecution to hold appellants' guilty - There are many loopholes in prosecution case and grounds on which High Court convicted the appellants - None of the circumstances relied upon by prosecution and accepted by High Court can be said to be probability of appellants guilt or their involvement in the crime - Judgment of High Court is set aside ad appellants are acquitted - Circumstantial evidence - Investigation - Recovery - Witness - Interested witness. Evidence: Circumstantial evidence - Held: In order to base conviction on circumstantial evidence, prosecution should establish a complete unbroken chain of events so that only one inference is drawn out from the same i.e., the guilt of the accused - If more than one inference can be drawn then accused should be entitled to benefit of doubt - In the instant case, after analysing the facts, the chain of circumstantial · evidence cannot be concluded in the manner sought to be , done by prosecution and there is a gap between the ' circumstances relied upon by prosecution to hold appellants . guilty. Extra judicial confession - Held: Extra-judicial confession · has been treated by the Court as weak evidence in the absence of a chain of cogent circumstances, for recording a conviction.Investigation: Recovery - Held: Recovery, of an object is not a discovery of fact - Recovery must be of a fact which was relevant to connect it with the commfssion of crime - In the instant case, even if recovery of goods is reliable then it does not indicate that accused appellants committed the murder - The only admissible fact which can be inferred is that they are in possession of stolen goods. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 386 |
Petitioner | Dhan Raj @ Dhand |
Respondent | State Of Haryana |
SCR | [2014] 7 S.C.R. 476 |
Judgement Date | 2014-05-09 |
Case Number | 1410 |
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