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The case of the prosecution, as unfolded from the evidence, is that Dr. Ram Avtar Mudgal (PW-2), a dental practitioner at Shajapur, father of the two unfortunate victims; was residing in Government Quarters situated near "Nai Sadak" with his wife and two daughters, the eldest of whom by name Kumari Priti, aged about 22 years and the younger one, by name, Kumari Nidhi, aged about 17 years. The appellant was said to have been serving as Assistant Manager from 3.12.97 to 5.10.98 in M.P. Agro State Industry and Development Corporation (for short "Agro Corporation") at its office at Shajapur and was staying in Upkar Lodge situated in the vicinity of Nai Sadak. During the said period he was said to have become friendly with the eldest daughter, though he was familiar with both of them, and often they used to meet and sit behind Hanuman Temple situated on the outskirts of Shajapur city. During such time of visit, said to be almost daily, Priti Mudgal used to be with the appellant and he used to lie down keeping his head on her lap and chat with her when the younger Ms. Nidhi used to sit at some distance. The appellant used to give some gifts to the girls. Thereafter, the appellant came to be transferred as Assistant Manager to Bhopal Office of the Agro Corporation and about a month or so prior to the day of occurrence the father of the appellant Shri Hari Narayn Batham was said to have telephoned to Dr. Ram Avtar Mudgal (PW-2) from Bhopal and told him that there was an affair between his son, the appellant, and Priti, his daughter, and, therefore, he should visit his house at Bhopal for talking about their marriage to which the father of the girls was said to have informed that he was against the idea of marrying Priti to a boy who was not Brahmin by caste, to which they belong and that was also the view of his daughter Priti. It is also the case of the prosecution that the father of the appellant told PW-2 that in case of refusal he would be required to repent and that was the same tone of reply given by PW-2 when called up over phone once again, thereafter. On the ill-fated morning of 8.4.99, it is said that the Dr. Ram Avtar Mudgal (PW-2) and his wife left their house at about 6.15 a.m. or so for a morning walk and when they returned back home by about 7.00 to 7.15 a.m., the outer door was open and a newspaper `Nai Duniya' was lying in the verandah and on entry into the house, they found the younger daughter Ms. Nidhi dead with injuries at the dental clinic room and the eldest daughter Ms. Priti in the toilet with injuries, almost in a sitting position. The further case of the prosecution is that during the time between 6 a.m. and 8 a.m. or so on that day the appellant was present in Shajapur and between 6.15 a.m. and 6.30 a.m. or so he was inside the house of Dr. Ram Avtar Mudgal (PW-2) and it was he who killed the daughters to wreak vengeance due to failure of love. PW-4, Advocate by name Shri Narain Prasad Pande, was said to have seen the appellant near the residential house of Dr. Ram Avtar Mudgal at about 6.15 a.m. when he was going towards bus stand for catching the bus to go to Indore for attending the High Court work. PW-3, Ms. Poonam Garg, a neighbour, was said to have heard the noise of bell which was being pressed at the residence of Dr. Mudgal at about 6.15 a.m. or so followed in a few minutes by the cries `Mummy save, Mummy save'. Jai Prakash Mandloi (PW-5), who lives in a house just opposite the District Hospital, was said to have seen the appellant coming out in the outer compound of the residential house at about 7.00 to 7.30 a.m. when he was returning from his newly constructed house where he had gone to do watering. The appellant, after committing the murders of both the girls, was said to have concealed the blood stained knife, weapon of murders and the blue jean which he was said to have been wearing at the time of the incident, which was blood stained, in a ditch behind the bushes behind Hanuman Temple situated at the outskirts of Shajapur city. He was said to have deliberately created the scene of burglary and murder by keeping open the doors of almirah and stealing some currency notes worth Rs.12,000/- for misguiding the Investigating Authorities and also fabricated false evidence for establishing an 'alibi' to prove his innocence by showing that at the same time he was absent and away at Dahod in Gujarat, accompanying his sister from Bhopal and said to be present on 8.4.99 at that place. The priest in Hanuman Temple by name Shri Rishikesh (PW-16) was examined to prove the visits of the appellant to the temple in the company of the two girls. Immediately on his return to the house, Dr. Mudgal seems to have informed Dr. Rathore and Dr. Sisodia on telephone and Dr. Sisodia alongwith Dr. Gupta seems to have reached the place and thereafter Dr. Gupta seems to have telephoned the Police Control Room giving information about the occurrence. PW-26, an ASI, who received the information, informed PW-27, B.P. Samadhiya, City Police Inspector, about the incident. PW-27 on his arrival on the spot was told by Dr. Mudgal (PW-2) about the occurrence and the same was registered as 'First Information Report' (Ex.P-11) and the death of the two girls was recorded as information marked as Ex.P-12 by sending the raiding officer to the Judicial Magistrate and Departmental Sentencing Authority and the investigation was said to have been started. It is stated that during investigation Police Inspector, M.S.Gaur, brought the appellant from Bhopal and produced him before the City Police Inspector, who arrested him. Dr. Mudgal (PW-2) was also stated to have given on 21.4.1999 the list of articles said to be missing from place of incidence to PW-27 marked as Ex.P-14. After the arrest and personal search of the appellant, it was stated that a purse, in which one chain and Rs.1223/- were found, was seized and panchnama marked as Ex.P-22. In the Identification Parade held on 22.4.1999 by Shri R.K. Sharma, Tehsildar (PW-14), Dr Ram Avtar Mudgal (PW-2) and his wife were said to have identified the chain, noticed above, to be the chain missing from the neck of the younger daughter Ms. Nidhi. On a disclosure statement said to have been made on 23.4.1999 under Section 27 of the Evidence Act, the appellant was said to have produced the knife and blood stained clothes from the place where they were said to have been hidden vide Ex.P-23. The knife and blood stained clothes were said to have been seized under seizure panchnama Ex.P-24. The appellant's specimen handwritings and signatures were also said to have been obtained and seized.

So far as the case on hand is concerned, it becomes necessary even at the threshold to find out whether the Courts below really endeavoured to find out that each and every incriminating circumstance has been clearly established by reliable and clinching evidence. In a case like the one before us entirely resting on circumstantial evidence and the defence plea that prosecution had withheld and suppressed documents, witnesses and materials it was obligatory for the Courts below also to ensure whether the prosecution has come up before the Court with the whole and unvarnished truth or merely presented a perfunctory and tailored case to suit its game plan of somehow securing a conviction, resulting in grave miscarriage of justice. Before going into the circumstances pleaded and analysing the materials on record to find out whether they stood sufficiently or properly established in this case, it would be appropriate to take up for consideration this grievance for the appellant to ascertain the impact of the same on the very proof of existence of those circumstances. P.W.8, the senior Scientific Officer and Assistant Chemical Examiner, who inspected the scene of occurrence by about 11.30 a.m. on the very day of occurrence stated about his instructions to Shri P.C. Yadav, the Finger Print Officer, present at that time, to take the finger prints noticed during inspection. P.W. 27, the Investigating Officer, also spoke about the taking of fingerprints and foot prints (shoe marks). The fingerprints of the accused were also taken by P.W.27, yet evasive was his reply on the result of examination or course of action taken pursuant thereto. Neither any reports were marked nor Shri P.C. Yadav was examined. This would be a relevant and important piece of material to strengthen the case of either side about the alleged complicity of the accused. The lie detector test report of the appellant said to be item No.45 in the list of documents submitted by the prosecution with the charge sheet was not also marked. Evidence collected by the prosecution regarding the journey of the appellant from Bhopal to Dahod and materials to evidence actual journey with his sister in its possession was also not marked though shown in the list of documents with the charge sheet. Ironically, courts below tried to blame the accused for not getting official witnesses examined in this regard for the defence, in spite of his having examined his sister (D.W.1) and a tenant (D.W.2) in the house at Dahod where D.W.1 also lived. Withholding by the prosecution of the report the materials gathered and conclusions of the CID investigation in the very case and claiming privilege for its production, which came to be upheld also on 27.11.1999 by the Trial Court resulting in the exclusion of those materials from the case and denial of even the copy of the said report seems to suggest a concerted effort on the part of the prosecution to mask the real truth from the Court. The CID officers, who conducted the independent investigation and submitted report though cited as witnesses and present in Court on 7.12.2000 were, for reasons best known, not examined. Inspector M.C. Gaur, who conducted the investigation in Bhopal and gathered materials relating to the trip of the appellant to Dahod, stated to have recovered a diary and photograph and brought him from Bhopal to Shajapur on 11.4.1999, though cited as witness No.19 in the list submitted with the charge sheet, was not examined. He was the best and really vital witness, who could speak for his absence on account of being away at Dahod as well as regarding the search of his person before the alleged search and seizure of the purse and chain on 12.4.1999 at Shajapur by P.W.27 and as to whether the appellant was really absconding or evading being apprehended as projected by the prosecution, in spite of the real fact that even without any arrest warrant he accompanied Inspector Gaur to Shajapur without any demur. Witnesses, natural and independent, expected to be in and around the place of occurrence at the relevant time such as sweepers, milkman, Newspaper man (P.W.2 admits newspaper having been lying at the entrance when he returned) whose statements were recorded and cited as witness were but given up and not examined at all. The list of Telephone calls STD, said to be on the basis of computer sheet relating to Telephone No.547396 of Bhopal alone seems to have been got marked as Ex.P.16 through P.W.16 but for reasons best known such list containing details of calls made from the house of the deceased (their father P.W.2) to the house of the accused though shown as Item No.63 in the list of documents submitted with the charge sheet was not got marked and placed in evidence. This could have cast serious doubts about the claims of PW-2 in respect of the alleged threat over telephone as well as the attitude of his and his own daughter towards the accused. All those aspects would really go to a great extent to justify the grievance sought to be made on behalf of the appellant, that the prosecution instead of impartially endeavouring to unravel the truth was bent upon persecuting the appellant to get him some how convicted, with a preconceived idea of his guilt.

The next circumstance sought to be relied upon is that the appellant, who was transferred from Shajapur and working at the relevant time at Bhopal, was found entering near the compound and leaving the place during the time between 6.00 and 7.15 a.m. on the morning of 8.4.1999. This circumstance is sought to be substantiated by the evidence of P.W.4, an Advocate, residing nearby and P.W.5 residing in the vicinity of the Lodge opposite to the quarters of P.W.2 and that of the young girl of 14 years at the time of examination (P.W.3), who was said to have heard the calling bell sound in the house of P.W.2, followed by a cry of Priti `Mummy save, Mummy save' from the house of P.W.2. It is odd to believe that this girl neither tried to come out to see what it is nor sounded or alerted anyone in her own house about such a cry to enable them to respond or verify what it was about. The conduct and the attitude of P.W.4 as well as P.W.5 seems to be highly suspicious to make them to be really true witnesses for the event spoken to by them. Though P.W. 4 would claim that he saw the accused entering near the compound leading to the house of P.W.2 while he was leaving for the bus stand for his onward journey to Indore to attend the Court work in the High Court, P.W. 5 was positive in deposing that after the occurrence and when the police arrived and people were gathered before the house of P.W.2, he found P.W.4 also in the crowd. In spite of all these, P.W.5 would say that he immediately left for his village evincing no interest in the matter and returned after two days and when he called on the Doctor, he disclosed about having seen the appellant whom he claimed to know since the appellant was residing earlier in the Upkar Lodge. P.W.4, the Advocate, also would say that only when he returned late in the night, he called on the father and disclosed the information about his having noticed the appellant while he was leaving. The evidence of these two witnesses seems too artificial to be believed and their disappearance from the scene, to reappear one on the night and other after two days, would hardly inspire confidence in their version, to be believed by any reasonable person or any Court, which is obliged to analyse and assess the credibility of the evidence before accepting the same. Consequently, no reliance could have been placed on their version to prove the movement of the appellant during the relevant point of time near the house of P.W.2 so as to implicate him in the murder. It is necessary at this stage itself to advert to the claim of the appellant that on 7.4.1999 he left Bhopal accompanying his sister DW-1, by the night train to Dahod in Gujarat as per the reservation of tickets made by him, which was also spoken to by D.W.1 and D.W.2 that not only the appellant travelled along with the D.W.1, but he was very much present at Dahod in Gujarat on 8.4.1999. Curiously, the Courts below chose to summarily reject the claim faulting the appellant for not examining the railway officials ignoring the fact that in spite of Inspector Gaur collecting the materials relating to his reservation and travel, neither he was examined nor the prosecution summoned those officials, who were examined during the course of investigation or marked the materials collected to prove that the appellant did not travel as claimed by him. Different and contradictory standard of appreciation of evidence seems to have been adopted to the detriment of the accused resulting in grave injustice. In the absence of any clinching material brought on record by the prosecution to show that the appellant did not, as a matter of fact, travel as per the reservations made by him along with his sister (D.W.1), it was not permissible for the courts below merely to disbelieve DW-1 and DW-2 for no valid reason and to surmise, in our view, most unjustifiably that the appellant was clever enough to prepare the material for the defence of alibi, which, according to them, remained unsubstantiated. To support the prosecution version, an arrest of the appellant was shown on 12.4.1999 at Shajapur by P.W.27. It was sought to be projected as though he was absconding and avoiding being apprehended without choosing to examine Inspector Gaur, who had been to Bhopal to investigate and who really brought him into Shajapur and presented him to the Investigating Officer (P.W.27). To add further to the mysterious move of the prosecution, no attempt was made to mark or let in evidence of the relevant railway officials, though the materials gathered were shown in the list of documents by the prosecution. It appears that on a grievance of harassment and biased and partial investigation by the local Police, complaint seems to have been made necessitating the CID officers to conduct an independent investigation and submit a report, but claiming privilege and protection under Section 137(6) of the Cr.P.C., not only those papers were removed from the case file, but no one associated with the said investigation were even examined though they were cited as witnesses and were also said to be present in court on 7.12.2000. Strangely, the learned Trial Judge while examining the accused under Section 313, Cr.P.C., was shown to have put questions about the conduct of those investigating officers to the accused. The serious lapse in not pursuing the examination of the finger prints or bring on record the results of fingerprints taken and making them available for consideration as well as the omission to bring to the notice of the Court the result of the lie detector test, to which the appellant was subjected, sufficiently create serious suspicion and cast great shadow of doubt on the credibility and truthfulness of the prosecution case.

The identification test said to have been conducted by the Tehsildar (PW-

8) and the so-called identification of the same by PW-2 and his wife of the chain said to have been worn by the deceased Nidhi does not carry the case of the prosecution any further. It is stated that the said chain placed for identification had iron wire in place of hook and it was not said to have been mixed with similar chains having such iron wire in place of hook. The criticism that, nothing much could be relied upon the so called identification cannot be lightly brushed aside. Even as to the recovery of the chain claimed from the appellant after his arrest on 12.4.99. at Shajapur, serious doubts surround recovery claim to render the said claim itself a suspect one. PW-9, the only panch witness, examined for the recovery, panchnama does not corroborate any recovery in his presence and the other witness to the recovery was not examined at all. It is hard to believe that the appellant was carrying the chain in his pocket from the date of occurrence till he met Inspector Gaur that the said Inspector who allegedly got the diary and a photo could not have noticed it at Bhopal and the same was carried by him even when he was brought to Shajapur till it was claimed to have been recorded by PW-27. Though, it was said to have been worn by the deceased Nidhi before her death, no bloodstains were found on the chain in spite of her neck being cut and she bled profusely from the neck. The non-examination of Inspector Gaur, who brought the appellant from Bhopal, also cast serious and reasonable doubts about this part of the prosecution case. The same appears to be the position with reference to the story about the disclosure statement Ex.P-23 and the recovery panchnama Ex.P-24 relating to the recovery of the blood stained knife and clothes recovered from the bushes near the Hanuman temple. Apart from the story striking to be stale, unnatural and unbelievable that after the occurrence the appellant had gone to the temple area to hide these two things though he was said to have been going towards the bus stand, suggestive of the fact that he was only leaving for Bhopal. The delayed recovery that too after the second remand of the appellant cast serious doubts about the said circumstance itself to be true or accept to have been proved. Though PW-10, the panch witness would claim that the appellant signed the disclosure statement Ex.P-23 in his presence, the same really does not bear any signature of the appellant. This fact taken together with the deposition of PW-10 that the appellant was found handcuffed and his face was covered and the non-examination of the other witness in spite of such doubtful version, the credibility of the so-called disclosure statement as well as the alleged recovery becomes seriously doubtful.