TaxTMI 
TaxTMI 
2019 (1) TMI 2068
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....vening of 7th February, 1999 at 6.00 p.m., daughter of the deceased Dharam Chand informed him on telephone that her father, who had gone to Bhagwanpura on Motor Cycle, had not returned. The complainant, along with other neighbours, went to search deceased Dharam Chand on 8th February, 1999 and at village Bhagwanpura, outside the godown of brother deceased Dharam Chand, found his motorcycle but his whereabouts were not made known. On his written complaint, a missing person report (Exh. P-75) was lodged. The Investigating Officer, in the course of enquiry, made from Shambhu Singh (PW-3), revealed that on 7th February, 1999, accused Babu Lal had hired his jeep. Babu Lal and his labourers Logar and Bagdiram carried drum which contained wheat. The drum was alighted from the jeep on way near field of Logar, making Shambhu Singh to sit at the house of Logar and on excuse of responding to call of nature, Babu Lal, Logar and Bagdiram got away for about 1.30 hours. When they came back, the drum was not there. On inquiry by Shambhu Singh (PW-3), Babu Lal told that Logar and Bagdiram shall deliver it afterwards. On further inquiry, it revealed that on 5th February, 1999, hot altercations had t....
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.... -. Devi Lal threatened the deceased to sell his Bada which he refused. 8. As regards appellant Babu Lal, it was deposed by Vandna (PW-5) and Uma Devi (PW-10) that he was known to their family as Babu Lal used to take money from the deceased and to return the same. Deceased Dharam Chand lended Rs. 50,000/- to accused Babu Lal, which had been reduced into writing in the ledger book. When deceased Dharam Chand went to take money from Babu Lal, he refused to return the same and started quarrelling. The deceased had informed this to Vandna (PW-5) and Uma Devi (PW-10). The money as demanded by the deceased led to suspicion of the commission of crime. But both the witnesses Vandna (PW- 5) and Uma Devi (PW-10), in their cross-examination, stated that they did not know when the accused Babu Lal had borrowed money from the deceased. 9. It is true that an extra judicial confession is used against its maker but as a matter of caution, advisable for the Court to look for a corroboration with the other evidence on record. In Gopal Sah v. State of Bihar 2008(17) SCC 128, this court while dealing with extra judicial confession held that extra judicial confession is, on the face of it, a weak ev....
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....as never produced. Apart from non-production of Bahi, to prove the provonance of the torn piece of blank paper, the similarity of the ink on this torn piece of paper and ledger was extremely doubtful in view of the objection by the FSL and response lead to it which the Investigating Officer(PW-33) has also admitted in the cross examination. 11. What was relied upon by the High Court was that paper Article 7 recovered on disclosure of appellant accused Devi Lal(from "Darraj" to Barsot") was one which was torn away from Bahi recovered on information at the instance of the appellant Babu Lal. Secondly, that piece of paper had lower portion which had signatures of deceased Dharam Chand and other than that, the paper was blank. 12. Summarily, the circumstances in totality apart from the extra judicial confession which has been noticed by the High Court are referred to as under :- "1. Appellant-Devilal wanted to purchase half portion of 'Bara' from deceased for which he actively pursued. 2. On February 7th, in morning, around 9-10, deceased left for Bhagwanpura-not a very distant village. 3. Around 10-10.20 AM, he telling of going to house of Babulal for receiving money-w....
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....may be proved" and "must be or should be proved" as was held by this Court in Shivaji Sahabrao Bobade & Anr. Vs. State of Maharashtra [(1973) 2 SCC 793 where the observations were made: "Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and 'must be' is long and divides vague conjectures from sure conclusions." (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive nature and tendency, (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused." 15. It has further been considered by this Court in Sujit Biswas Vs. State of Assam 2013(12) SCC 406 and Raja alias Rajinder Vs. State of Haryana 20....