Govind Singh Panwar vs State on 22 March, 2005
In support of the submission learned counsel placed reliance on a decision of the Apex Court in the matter of Babu Das v. State of M.P., 2003 AIR SCW 2483 : (2003 Cri LJ 2536). In the case before the Apex Court, the evidence that had been accepted by the High Court against the appellant of the case, merely pertain to the recovery which was effected in the presence of thousands of people. The recovery in the presence of such large gathering was held to be doubtful. It was thus observed that it is extremely difficult that such a large gathering may be present at the place of recovery unless people in the village had already come to know that thee is going to be such a recovery. Considering the peculiar facts of the case we also find it difficult to believe that in a hilly terrain where the small villages are sparsely located not having much population, people numbering about 150-200 would assemble at the place of the recovery of the dead body unless they already had come to know that there is going to be such a recovery. In a situation like this the alleged recovery at the instance of the appellant create grave doubt and herefore we find it safe to say that the submission made by the learned counsel for the appellant in that regard is also sustainable.