2004 (10) TMI 583 - SC - Indian Laws

Supreme Court acquits appellant and co-accused due to insufficient circumstantial evidence

The Supreme Court set aside the conviction and sentence of the appellant and two co-accused in a case involving charges under Section 302/120B of the ... Whether the prosecution has failed to prove the recovery of blood stained balwa and tangi upon the disclosure statement of accused Rajesh Yadav @ Raju Gowala by credible evidence? Whether the conviction and sentence of appellant, accused Rajesh Yadav @ Raju Gowala and Silbestor Dungdung are set aside and all of them are acquitted of the charge? Issues:- Conviction under Section 302/120B of the Penal Code with death penalty awarded to one accused and life imprisonment to two others.- Circumstantial evidence presented by the prosecution against the accused.- Examination of witnesses and documents during the trial.- Appeal before the High Court and subsequent appeal to the Supreme Court.- Analysis of the circumstances and evidence presented by the prosecution.- Decision on the appeal and setting aside of the conviction and sentence.Detailed Analysis:The case involved the conviction of the appellant along with two other accused under Section 302/120B of the Penal Code, with the appellant being awarded the death penalty while the other two were sentenced to life imprisonment. The prosecution relied on circumstantial evidence to prove the guilt of the accused, based on various circumstances presented during the trial. The appellant and his co-accused were charged in connection with the murder of Benedik Dungdung and his family members, with a land dispute cited as a motive for the crime. The prosecution highlighted multiple circumstances, including the recovery of incriminating items from the accused, their actions before and after the incident, and witness testimonies to establish guilt.During the trial, the prosecution examined several witnesses and presented documentary evidence to support its case. The defense maintained the innocence of the accused, claiming false implication due to animosity. The trial court convicted all three accused, a decision upheld by the High Court upon appeal. However, the Supreme Court analyzed the circumstantial evidence presented by the prosecution in detail to assess the strength of the case against the accused. The Court scrutinized each circumstance, including motive, actions of the accused, recovery of items, and witness testimonies to determine the sufficiency of evidence beyond reasonable doubt.Upon thorough examination of the circumstances presented by the prosecution, the Supreme Court found that while some aspects raised strong suspicion against the appellant, the chain of circumstances was incomplete to establish guilt beyond reasonable doubt. The Court emphasized the principle that suspicion, no matter how strong, cannot replace concrete proof in a case based on circumstantial evidence. Consequently, the Court concluded that the prosecution failed to prove its case against all the accused, leading to the acquittal of the appellant and the co-accused.In a significant decision, the Supreme Court set aside the conviction and sentence of the appellant, as well as the other accused, Rajesh Yadav and Silbestor Dungdung. The Court exercised its powers under Article 136 of the Constitution to grant acquittal to all three accused, emphasizing that the cases of the co-accused stood on the same footing as that of the appellant. The judgment highlighted the importance of a complete chain of circumstances in cases relying on circumstantial evidence and underscored the requirement of proof beyond reasonable doubt for conviction.Therefore, the Supreme Court allowed the appeal, overturned the conviction and sentence of the accused, and directed their immediate release if not required in any other case.