Himachal Pradesh High Court
Ravi Kumar vs State Of Himachal Pradesh on 6 January, 2015
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.A. No. 61/2012 alongwith .
Cr.A. No. 247/2012Reserved on: 1.1.2015 Decided on:6.1. 2015 ___________________________________________________
1. Cr.A. No. 61 of 2012 Ravi Kumar. ...Appellant.
Versus State of Himachal Pradesh ...Respondent.
1. Cr.A. No. 247 of 2012 State of Himachal Pradesh. ...Appellant.
r Versus
Radha Devi. ...Respondent
______________________________________________________________ Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge.
Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting? 1 Yes For the appellant(s): Mr. Janesh Mahajan, Advocate in Cr.A. No.61 of 2012 For the Respondent: Mr. P.M. Negi, Dy. A.G. for respondent in Cr.A. No. 61 of 2012 and for appellant in Cr. A.No. 247 of 2012.
Mr. Ashish Verma, Advocate for respondent in Cr.A. No. 247 of 2012.
_________________________________________________________ 1 Whether reporters of the local papers may be allowed to see the judgment? Yes ::: Downloaded on - 15/04/2017 17:28:43 :::HCHP 2 Per Justice Rajiv Sharma, Judge.
Since common questions of law and facts are .
involved in both the appeals, the same were taken up together for hearing and are being disposed of by a common judgment.Cr.A. No. 61/2012
2. This appeal has been instituted against the judgment dated 26.12.2011 rendered by the Sessions Judge, Chamba in Sessions Trial No. 42 of 2010, whereby the appellant-accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 302 read with section 34 of the Indian Penal Code, has been convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- and in default of payment of fine, he was further ordered to undergo simple imprisonment for a period of two months.
Cr. A.No. 247/20123. This appeal has been preferred by the State against the judgment dated 26.12.2011 rendered by the ::: Downloaded on - 15/04/2017 17:28:43 :::HCHP 3 Sessions Judge, Chamba in Sessions Trial No. 42 of 2010, whereby the respondent-accused (hereinafter referred to .
as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 302 read with section 34 of the Indian Penal Code, has been acquitted.
4. Case of the prosecution, in a nutshell, is that deceased Om Parkash was husband of accused Radha Devi. He was posted in Electricity Department at Dalhousie.
r Accused Radha Devi was having illicit relations with accused Ravi Kumar. The deceased used to tell his colleague Chaman Lal about the involvement of his wife with accused Ravi Kumar. On 22.6.2010, deceased was on his duty at Dalhousie. At about 8.30 P.M. he went to the shop of Chaman Lal. He advised deceased to go home. Deceased left his shop. On 23.6.2010, a dead body of deceased was found in Bharera jungle by Diwan Chand son of Budhia Ram, resident of Bharera. He telephonically informed the police. Rapat was recorded in Police Station, Dalhousie. PW-18 Dy.
S.P. Suresh Kumar alongwith S.I. Biswas Kumar and ::: Downloaded on - 15/04/2017 17:28:43 :::HCHP 4 other police officials rushed to Bharera jungle. The Superintendent of Police called the Forensic Expert to the .
spot. He verified and inspected the spot as well as dead body. S.I. Biswas Kumar prepared inquest report. He took into possession blood stained stones and one shoe which was lying near the dead body and another from the foot of deceased. The dead body was sent for post-
mortem. Thereafter, F.I.R. was registered. Police investigated the case and the challan was put up in the court after completing all the codal formalities.
5. Prosecution examined as many as 19 witnesses in all to prove its case against the accused.
Statements of accused under Section 313 Cr.P.C. were recorded. They denied the prosecution case entirely.
Accused Ravi Kumar was convicted and sentenced, as noticed hereinabove. Accused Radha Devi was acquitted of the charge. Hence, these two appeals.
6. Mr. Janesh Mahajan, learned counsel for accused Ravi Kumar, has vehemently argued that the prosecution has failed to prove its case against accused Ravi Kumar.
::: Downloaded on - 15/04/2017 17:28:43 :::HCHP 57. Mr. Ashish Verma, learned counsel for accused Radha Devi, has supported the judgment of .
acquittal of accused Radha Devi.
8. Mr. P.M. Negi has vehemently argued that the prosecution has proved the case against both the accused.
9. We have heard the learned counsel for the parties and have gone through the record meticulously.
10. PW-1 Sardari Lal was posted as Lineman in H.P.S.E.B., Dalhousie. He has gone to Police Station, Dalhousie on 27.6.2000. Accused Ravi Kumar had disclosed to the police that bag of deceased Om Parkash was kept by him at Delhi. They proceeded to Delhi on 27.6.2010. They reached Delhi at 5.45 A.M. They proceeded to the room of accused. A bag was found placed by the accused in his room. A towel and trousers were found in the bag. Police took the same into possession vide memo Ex.PW-1/B. In his cross-
examination, he has admitted that he could not tell the name of place to which they had visited at Delhi. The ::: Downloaded on - 15/04/2017 17:28:43 :::HCHP 6 house of accused was situated in a locality but he could not tell the name of location.
.
11. PW-2 Chaman Lal was running Electronics shop at Bus Stand, Dalhousie. He knew deceased for the last 15-16 years. The deceased used to tell him that his wife was involved with Ravi Kumar accused. On 22.6.2010, Om Prakash had come to his shop by 8.30 P.M. He asked him to go home. He accordingly left. Om Parkash used to tell that he apprehended danger from accused Ravi Kumar because he was having illicit relations with his wife. He had threatened him. Next morning, he came to know that a dead body of Om Parkash has been found in Bharera jungle. In his cross-
examination, he has deposed that accused Ravi Kumar was cousin of co-accused Radha Devi. He has disclosed to the police that Om Parkash had visited his shop (confronted with Ex.DA wherein it is not found so recorded).
12. PW-3 Chuni Lal has deposed that his elder daughter Radha was married to Om Parkash. They were carrying on good relations for the last 10-12 years.
::: Downloaded on - 15/04/2017 17:28:43 :::HCHP 7However, for the last 2-3 years, he used to come drunk at home due to which their relations were not good. He was .
declared hostile. He has denied the suggestion that accused Radha Devi had eloped with Ravi Kumar and he had lodged report with the police.
13. PW-4 Prabhat Singh has deposed that he came to know that Om Parkash has been murdered.
Thereafter, he alongwith Sapna accompanied the police personnel to Bharera jungle. The stones were taken into possession by the police. At some distance, three paper pieces were also found on which some numbers were found written. The papers were also packed and sealed.
Photographs were also taken on the spot.
14. PW-5 Dr. Navdeep Rathore has conducted the post-mortem of the dead body. He issued MLC Ex.PW-
5/C. According to him, deceased has died due to head injury leading to cerebral anoxia leading to cardio pulmury arrest and death. The other contributory factor for causing death was haemorrhagic shock due to injury over the back and abdomen due to stab wounds. In his opinion, deceased died within one hour of the injuries and ::: Downloaded on - 15/04/2017 17:28:43 :::HCHP 8 the duration between death and post-mortem was 24 to 36 hours.
.
15. PW-6 Joginder Kumar has deposed that he alongwith Pradhan Sapna was with the Police during investigation in Bharera jungle. The police asked accused Ravi Kumar about the knife. Accused told that the knife was lying at some distance, which was pointed out by him. The knife was picked up by the police and sealed with seal 'B'. Seizure memo Ex.PW-6/A was prepared.
He has admitted that he has put signatures on the documents at the instance of the police.
16. PW-7 Suresh Kumar met the police in Dalhousie Bazaar. Accused Ravi Kumar told that he has hidden some articles in ditch in the jungle. He was declared hostile. He was cross-examined by the learned Public Prosecutor. In his cross-examination, he has admitted that on 26.6.2010, accused Radha had accompanied the police alongwith him and Sapna to her house and got recovered her clothes. These were taken into possession vide memo Ex.W-7/E. ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 9
17. Statements of PW-8 Het Ram and PW-9 Onkar Chand are formal in nature.
.
18. PW-10 Sheesh Pal has deposed that he was officiating as MHC, Police Station, Dalhousie in the absence of MHC. On 23.6.2010, SI Biswas Walia handed over to him one parcel sealed with four seals of seal 'K' said to be containing one pair of shoes of deceased Om Parkash and one another parcel said to be containing five blood stained stones/pebbles sealed with four seals of seal 'K' alongwith specimen seal impression. He made entry in the Malkhana register. One sealed cloth parcel sealed with eight seals of seal 'Janta Janardhan', which was said to be containing viscera of deceased Om Parkash alongwith one another parcel sealed with four seals of seal 'Janta Janardhan', which was said to be containing clothes of deceased Om Parkash, one envelope addressed to Director, F.S.L. Junga sealed with seal 'Janta Janardhan' were deposited with him by S.I. Biswas Kumar alongwith seal impressions. The entry was also made by him in the Malkhana register. On 26.6.2010, Deputy S.P. Suresh Kumar Sharma deposited with him ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 10 one sealed cloth parcel sealed with three seals of seal 'B' said to be containing weapon of offence, i.e. knife and one .
another sealed cloth parcel sealed with three seals of seal 'B' said to be containing the articles regarding electricity repairs and another cloth parcel sealed with five seals of seal 'B' said to be containing clothes of accused Radha Devi alongwith specimen seal impressions. The entry to this effect was made by him in the Malkhana register. On 29.6.2010, Dy. S.P. Suresh Sharma deposited with him one sealed cloth parcel sealed with three seals of seal 'T' said to be containing one rexin bag mark Nayak belonging to deceased Om Parkash and clothes of accused Ravi Kumar alongwith specimen seal impression. In his cross-
examination, he has admitted that he did not remember the exact time of receipt of parcels on 23.6.2010.
However, the same were received by him in the evening.
Similarly, he also did not remember the exact time of the parcels which were deposited with him on 26.6.2010, 24.6.2010 and 29.10.2010.
::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 1119. PW-11 Arun Kumar has sent the case property to F.S.L. Junga and Finger Print Bureau, Bharari for .
analysis.
20. PW-12 Sapna Devi has deposed that she proceeded to the spot and reached there by 2.30 P.M. Dead body was found lying and near the dead body one shoe was found and another shoe was at a distance of about ten feet. Shoes were taken into possession vide seizure memo Ex.PW-12/A. She was called to the Police Station on 26.6.2010. Accused Ravi Kumar made statement to the police that he could get recovered some articles, which were buried by him in Jungle vide Ex.PW-
7/B. The accused has also stated that he could get recovered electricity items and a knife and his separate statement was recorded by the police vide Ex.PW-6/C. These articles were recovered. Thereafter, the accused took the police to the nearby Dhank where a knife was lying. The knife was taken out by the accused from the Dhank which was put into Aggarwati cover. It was taken into possession vide memo Ex.PW-6/A. Accused Radha Devi also made a statement vide Ex.PW-7/C on the basis ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 12 of which clothes, i.e. shirt, Salwar and Dupatta were recovered. These were taken into possession vide memo .
Ex.PW-7/E.
21. Statement of PW-13 Rattan Chand is formal in nature.
22. PW-14 Biswas Kumar has deposed that at 10.35 A.M., Diwan Chand telephonically informed that Om Parkash, who was working in H.P.S.E.B. has died. He alongwith other police officials proceeded to the spot. Dy.
Superintendent of Police Suresh Sharma also reached the spot. Arun Sharma, Director, Forensic Science Laboratory, Dharamshala was called. He also inspected the spot. Inquest papers were prepared. Photographs were also taken. Some small stones Ex.P-7 to P-11 were also taken into possession. Shoes were also taken into possession. The dead body was sent for post-mortem examination. According to him, there was some difference of age in between deceased and Radha Devi. Accused Ravi Kumar was carrying illicit relations with accused Radha and she had run away with him about one year ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 13 back prior to this incident. He sent rukka to the Police Station on the basis of which FIR was registered.
.
23. PW-15 Diwan Chand has deposed that he was T-mate in Electricity Department. He was residing in village Bharera. He has constructed a house at village Bharera. He has performed his marriage in village Bharera. On 23.3.2010, Master Balbir met him in the way when he was going to attend his duties. He disclosed to him that a dead body was lying in the path near the jungle. He went to the spot. Thereafter, he informed the department and police.
24. PW-16 Parbhat Kumar has deposited the case property with F.S.L. Junga and Finger Print Bureau, Bharari.
25. PW-17 ASI Jeet Singh has deposed that on 28.6.2010, he alongwith Dy. S.P. Suresh Kumar, Sardari Lal, other police officials and accused Ravi Kumar went to Wazirpur, Delhi. He gave demarcation of a room in the shape of Jhungi. He got recovered one rexin bag, which was identified by witness Sardari Lal belonging to deceased. On opening the bag, it was found to be ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 14 containing one shirt, trousers and one towel, which were having blood stains. All the articles were recovered vide .
seizure memo Ex.PW-1/B.
26. PW-18 Suresh Kumar Sharma, Dy. S.P. has testified that on 23.6.2010 information was received in the Police Station regarding dead body near village Bharera. He directed S.I. Biswas to go to the spot. He also went there. When he reached the spot, S.I. Biswas alongwith Police party was already there. He inspected the spot. It was not a natural death. The Superintendent of Police contacted the expert in Regional Forensic Science Lab, Dharamshala. Thereafter, Sh. Arun Sharma, Forensic Expert, reached the spot at 4.00 P.M. S.I. Biswas prepared the inquest report. The recoveries were made. He came to know on interrogation of accused Radha Devi that she was having illicit relations with co-
accused Ravi Kumar. Radha Devi wife of deceased Om Parkash had not made any call to the office of her husband in H.P.S.E.B. Dalhousie where he was working.
Radha Devi did not make any inquiries about her husband. It created suspicion in the mind of police.
::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 1527. PW-19 Arun Sharma has proved the report Ex.PW-19/A. He has also admitted in his cross-
.
examination that he has not personally examined the dead body but has observed injuries on it. He has also admitted that he has not given the dimension of blood stains on the spot in his report. He has not mentioned the shape and size of the blood spots. Whether the blood was of human or animal, it could be ascertained only in the laboratory. However, he has not conducted that test.
He has not given the size of the injuries in his report. It was not possible for him to say how many persons were involved in scuffle.
28. There is no eye witness in this case. The case is entirely based on circumstantial evidence. The motive is of vital importance in the case based on circumstantial evidence. So called motive attributed by the prosecution in the present case for the murder of deceased Om Parkash is that accused Radha Devi was having illicit relations with co-accused Ravi Kumar. Prosecution has relied upon the statement of PW-2 Chaman Lal in support of theory of motive. According to PW-2 Chaman Lal, ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 16 deceased used to tell him that his wife was involved with Ravi Kumar. Om Parkash had come to his shop at 8.30 .
P.M. on 22.6.2010. Om Parkash used to tell him that he was apprehending danger from accused Ravi Kumar since he was having illicit relations with his wife. In his cross-
examination, he has admitted that accused Ravi Kumar was cousin of co-accused Radha Devi. Prosecution has produced Chuni Lal, father of accused Radha Devi.
According to him, his elder daughter Radha was married to Om Parkash. He has provided land to Om Parkash in order to construct a house, where Om Parkash has constructed a house. They were carrying on good relations for the last 10-12 years. He has denied the suggestion that Accused Radha had eloped with accused Ravi Kumar and to this effect he had lodged report with the Police. PW-14 Biswas Kumar has deposed that there was some difference of age between accused Radha and deceased. Accused Ravi Kumar was carrying on illicit relations with accused Radha Devi. She had run away with him about one year back prior to the incident.
Similarly, PW-18 Suresh Kumar Sharma has deposed that ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 17 the police came to know that accused Radha was having illicit relations with accused Ravi Kumar. According to .
him, Radha Devi had not made any inquiry from his office about the whereabouts of deceased Om Parkash. PW-3 Chuni Lal, father of accused Radha Devi, has specifically stated that he has given land to deceased for the construction of a house. The relations between Radha and deceased Om Parkash were good for the last 10-12 years.
29. According to PW-2 Chaman Lal as and when deceased Om Parkash used to visit his shop, he used to tell that his wife was having illicit relations with Ravi Kumar. It is not believable that a husband would disclose to a stranger that his wife was having illicit relations.
According to PW-2 Chaman Lal, the deceased had come to his shop at 8.30 P.M. He had asked him to go home.
Thereafter, PW-2 Chaman Lal came to know that dead body of Om Parkash was found in Bharera jungle. The prosecution has not led any tangible evidence to establish illicit relations of accused Radha Devi with Ravi Kumar.
The trial court has rightly come to the conclusion that ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 18 police has not led any evidence to prove the involvement of accused Radha with murder of Om Parkash. PW-2 .
Chaman Lal in his examination-in-chief has specifically deposed that on 22.6.2010 Om Parkash had come to his shop and he had asked him to go home. However, in Ex.DA, there is no mention that Om Parkash had come to his shop. What is stated in Ex.DA is that on 22.6.2010 he closed his shop and when he was crossing by the complaint office of H.P.S.E.B, he saw Om Parkash sitting there at 8.30 P.M. and he told him to go home.
Thereafter, he went to his house.
30. PW-1 Sardari Lal has deposed that he had gone to Delhi with the Police to recover the bag, which was recovered vide seizure memo Ex.PW-1/B. He did not remember the place where he has visited at Delhi. The room was never identified from any local resident.
31. According to post-mortem report Ex.PW-5/C, deceased died due to head injury leading to cerebral anoxia leading to cardio pulmury arrest and death. The deceased died within one hour of the injuries and the ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 19 duration between death and post-mortem was 24 to 36 hours.
.
32. PW-6 Joginder Kumar is also a material witness as far as the case of prosecution is concerned.
According to him, police asked accused Ravi Kumar about the knife. The accused told that the knife was lying at some distance, which was pointed out by him. The knife was picked up by the police and taken into possession vide seizure memo Ex.PW-6/A. He was declared hostile and cross-examined by the learned Public Prosecutor. He has admitted that he has put his signatures at the instance of police. Thus, the recovery of knife is doubtful.
33. PW-19 Arun Sharma has proved report Ex.PW-
19/A. We have already noticed that he has not personally examined the dead body but has observed injuries on it.
If he had not personally examined the dead body, how he could have noticed the injuries. He has also admitted that he has not given the dimension of blood stains on the spot in his report. He has also not mentioned the shape and size of the blood spots. To ascertain whether the blood was of human or animal, it could be ascertained ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 20 only in the laboratory, but he has not conducted any test to ascertain it. He has not given the size of injuries in his .
report, though he has deposed that it was to be given by the concerned Medical Officer. According to the final opinion of PW-19 Arun Sharma, there were signs of struggle in the vicinity of a resting place on the path passing through the forest and victim reaching the spot due to fall was possible. PW-19 has observed in his report that the path after taking left run terminated abruptly followed by gradient in forest with scanty vegetation and finally the steep fall of about 100-150 feet.
According to the report, sharp edges were extending outward from the stones/rocks stuck into the hill and the body was observed below the steep fall.
34. PW-5 Dr. Navdeep Rathore has specifically opined that deceased has died due to head injury leading to cerebral anoxia leading to cardio pulmury arrest and death. He has admitted in his cross-examination that the major factor leading to death was head injury. He has also admitted that head injury could be possible by fall on hard surface. There was steep fall of about 100-150 feet ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 21 and the sharp edges were extending outward from the stones/rocks stuck into the hill. The body was observed .
below the steep fall and the place where the victim's body was found could be reached after travelling 5-7 minutes.
Thus, the possibility of the deceased falling from the cliff cannot be ruled up on the basis of report Ex.PW-19/A.
35. According to Ex.PW-5/D, the cut marks on F/2a, shirt, were caused by a sharp edged weapon and their dimensions corresponded to the dimensions of the blade of the knife (E/1). No blood was detected on Ex.-3a, Salwar of accused Radha, Ex.3b, Shirt of Radha, Ex.3c, Dupatta of Radha and Ex.4d bag of Om Parkash, though human blood was detected on shirt of accused Ravi Kumar but the result was inconclusive in respect of blood group.
36. The recovery of the knife, as we have already noticed, is doubtful since according to PW-6 Joginder Kumar he had put the signatures on documents at the instance of police. Learned trial court has acquitted accused Radha Devi and convicted accused Ravi Kumar on the same set of evidence.
::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 2237. Their Lordships of Hon'ble Supreme Court in Dandu Jaggaraju vs. State of Andhra Pradesh, (2011) .
14 Supreme Court Cases 674 have held that in a case relating to circumstantial evidence, motive is often a very strong circumstance which has to be proved by the prosecution. Their Lordships have held as under:-
9. It has to be noticed that the marriage between P.W. 1 and the deceased had been performed in the year 1996 and that it is the case of the prosecution that an earlier attempt to hurt the deceased had been made and a report to that effect had been lodged by the complainant. There is, however, no documentary evidence to that effect. We, therefore, find it somewhat strange that the family of the deceased had accepted the marriage for about six years more particularly, as even a child had been born to the couple. In this view of the matter, the motive is clearly suspect. In a case relating to circumstantial evidence, motive is often a very strong circumstance which has to be proved by the prosecution and it is this circumstance which often forms the fulcrum of the prosecution story.
38. Their Lordships of Hon'ble Supreme Court in Pudha Raja and another vs. State, represented by Inspector of Police, (2012) 11 Supreme Court Cases 196 have held that the motive assumes great significance and importance in case of circumstantial evidence and absence of motive puts court on its guard and causes it to scrutinize each piece of evidence very closely in order to ensure that ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 23 suspicion, emotion or conjecture do not taken the place of proof. Their Lordships have held as under:-
.
16. Furthermore, in such a case, motive assumes great significance and importance, as the absence of motive puts the court on its guard and causes it to scrutinize each piece of evidence very closely in order to ensure that suspicion, emotion or conjecture do not take the place of proof. The evidence regarding existence of motive which operates in the minds of assailants is very often, not known to any other person. The motive may not even be known, under certain circumstances, to the victim of the crime. It may be known only to the accused and to none other. It is therefore, only the perpetrator of the crime alone, who knows as to what circumstances prompted him to adopt a certain course of action, leading to the commission of the crime.
39. Their Lordships of Hon'ble Supreme Court in Rishi Pal vs. State of Uttarakhand, (2013) 12 Supreme Court Cases 551 have held that while motive does not have a major role to play in cases based on eye witness account of incident, it assumes importance in cases that rest entirely on circumstantial evidence. Their Lordships have further held that essence of requirements that must be satisfied in cases resting on circumstantial evidence is that not only should circumstances sought to be proved against the accused be established beyond reasonable doubt, but also that such circumstances form so complete ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 24 a chain, as leaves no option for court, except to hold that accused is guilty of offences with which he is charged. Their .
Lordships have held as under:-
"14. The second aspect to which we must straightaway refer is the absence of any motive for the appellant to commit the alleged murder of Abdul Mabood. It is not the case of the prosecution that there existed any enmity between Abdul Mabood and the appellant nor is there any evidence to prove any such enmity. All that was suggested by learned counsel appearing for the State was that the appellant got rid of Abdul Mabood by killing him because he intended to take away the car which the complainant-Dr. Mohd. Alam had given to him. That argument has not impressed us. If the motive behind the alleged murder was to somehow take away the car, it was not necessary for the appellant to kill the deceased for the car could be taken away even without physically harming Abdul Mabood. It was not as though Abdul Mabood was driving the car and was in control thereof so that without removing him from the scene it was difficult for the appellant to succeed in his design. The prosecution case on the contrary is that the appellant had induced the complainant to part with the car and a sum of Rs.15,000/-. The appellant has been rightly convicted for that fraudulent act which conviction we have affirmed. Such being the position, the car was already in the possession and control of the appellant and all that he was required to do was to drop Abdul Mabood at any place en route to take away the car which he had ample opportunity to do during all the time the two were together while visiting different places. Suffice it to say that the motive for the alleged murder is as weak as it sounds illogical to us. It is fairly well-settled that while motive does not have a major role to play in cases based on eye-witness account of the incident, it assumes importance in cases that rest entirely on circumstantial evidence. [See Sukhram v. State of Maharashtra (2007) 7 SCC 502, Sunil Clifford Daniel (Dr.) v.::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 25
State of Punjab (2012) 8 SCALE 670, Pannayar v. State of Tamil Nadu by Inspector of Police (2009) 9 SCC 152]. Absence of strong motive in the present case, therefore, is something that .
cannot be lightly brushed aside.
19. It is true that the tell-tale circumstances proved on the basis of the evidence on record give rise to a suspicion against the appellant but suspicion howsoever strong is not enough to justify conviction of the appellant for murder. The trial Court has, in our opinion, proceeded more on the basis that the appellant may have murdered the deceased-Abdul Mabood. In doing so the trial Court over looked the fact that there is a long distance between 'may have' and 'must have' which distance must be traversed by the prosecution by producing cogent and reliable evidence. No such evidence is unfortunately forthcoming in the instant case. The legal position on the subject is well settled and does not require any reiteration. The decisions of this Court have on numerous occasions laid down the requirements that must be satisfied in cases resting on circumstantial evidence. The essence of the said requirement is that not only should the circumstances sought to be proved against the accused be established beyond a reasonable doubt but also that such circumstances form so complete a chain as leaves no option for the Court except to hold that the accused is guilty of the offences with which he is charged. The disappearance of deceased-Abdul Mabood in the present case is not explainable as sought to be argued before us by the prosecution only on the hypothesis that the appellant killed him near some canal in a manner that is not known or that the appellant disposed of his body in a fashion about which the prosecution has no evidence except a wild guess that the body may have been dumped into a canal from which it was never recovered."
40. Consequently, the prosecution has failed to prove the case against accused Radha Devi and Ravi ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP 26 Kumar beyond reasonable doubt for committing offence punishable under section 302 read with section 34 of the .
41. Accordingly, Cr. A. No. 61 of 2012 is allowed and Cr. A. No. 247 of 2012 dismissed. Judgment of conviction and sentence dated 26.12.2011 rendered in Sessions Trial No. 42 of 2010 against accused Ravi Kumar is set aside. Accused Ravi Kumar is acquitted of the charge framed against him by giving him the benefit of doubt. Fine amount, if already deposited, be refunded to the accused. Since the accused is in jail, he be released forthwith, if not required in any other case.
42. The Registry is directed to prepare the release warrant of accused Ravi Kumar and send the same to the Superintendent of Jail concerned in conformity with this judgment forthwith.
(Justice Rajiv Sharma), Judge.
(Justice Sureshwar Thakur), Judge.
6.1. 2015 *awasthi* ::: Downloaded on - 15/04/2017 17:28:44 :::HCHP