🖥️ Typing Test: Court Matter for Typing Practice - 01
10:00
The present criminal appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973, against the judgment of conviction and order of sentence dated 14th May, 2024, passed by the learned Sessions Judge, whereby the appellant was convicted for the offences punishable under Sections 302 and 34 of the Indian Penal Code, 1860. The prosecution case arose from a First Information Report, commonly registered as FIR No. 412 of 2021 at the local police station, based on the statement given by the informant, who happens to be the brother of the deceased. According to the prosecution narrative, on the night of the incident, an altercation took place between the parties over a long-standing land dispute. The learned counsel appearing on behalf of the appellant vehemently argued that the entire case of the prosecution rests purely on circumstantial evidence and there is no reliable eyewitness to the alleged crime. He further submitted that the testimonies of the prosecution witnesses, specifically PW-1 and PW-2, suffer from material contradictions, rendering them completely untrustworthy in the eyes of law. It was also contended that the medical evidence brought on record by the prosecution does not support the ocular testimony, as the post-mortem report indicates injuries that could not have been caused by the weapon allegedly recovered from the possession of the accused. The learned Additional Public Prosecutor, appearing for the State, strongly opposed the appeal and argued that the chain of circumstances is so complete that it leaves no manner of doubt regarding the guilt of the accused person. He placed reliance on the landmark judgment of the Hon’ble Supreme Court of India in the case of Sharad Birdhichand Sarda v. State of Maharashtra, reported in (1984) 4 SCC 116, to substantiate his arguments regarding the appreciation of circumstantial evidence in criminal jurisprudence.We have carefully evaluated the rival submissions made by both the parties and minutely scrutinized the lower court records, including the depositions of all material witnesses. In a case based on circumstantial evidence, the law is well-settled that the circumstances from which the conclusion of guilt is to be drawn must be fully established. The circumstances should be of a conclusive nature and tendency, and they must exclude every possible hypothesis except the one to be proved. There must be a chain of evidence so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused. In the case at hand, the recovery of the weapon of offence under Section 27 of the Indian Evidence Act, 1872, has been seriously challenged by the defence on the ground that no independent public witnesses were present at the time of the alleged recovery. It is a well-established principle of criminal law that mere recovery of an object, without establishing its direct nexus with the commission of the crime, cannot be treated as a piece of incriminatory evidence against the accused. Furthermore, the delay in dispatching the special report to the jurisdictional Magistrate under Section 157 of the Code of Criminal Procedure has not been satisfactorily explained by the investigating officer, which raises a reasonable doubt about the fairness of the investigation process. The minor discrepancies highlighted by the defence counsel do not go to the root of the matter and cannot be a ground to discard the otherwise credible and natural evidence of the witnesses. Consequently, after evaluating the entire matrix of facts, we find that the prosecution has failed to establish the charges beyond all reasonable doubts. The appeal is therefore allowed, and the conviction is set aside.