Case: Ravinder Parkash &amp; Another Vs. State of Haryana

take us to the next question involved in this appeal that is in regard to identification of the dead body. For this purpose, the prosecution has relied upon the evidence of PWs3 and 4 according to the prosecution case, these witnesses were taken on 18.4.1993 by the investigating officer PW-9 to the place where a dead body was lying and after seeing the dead body, these witnesses alleged to have identified the same as that of their relative Chander Has. 12. If we see the evidence of PW-3, he merely says that he identified the dead body without giving any specific reason for the same. From the medical evidence, it is clear that the dead body was in a highly decomposed state, therefore, it was incumbent on the part of this witness to state how he recognised the body, he has failed to give any cogent reason in this regard, hence, his evidence does not help the prosecution. 13. However PW-4 Jai Bhagwan another relative of Chander Has has gone further and states that he identified the dead body from the artificial jaw (dentures) which Chander Has had got fitted and from his ears and nose. Regarding dentures, he says that he saw them near the dead body. But PW-9, who conducted the inquest, has not supported this version of PW-4. PW-9 has specifically stated that he did not find any such dentures at the place where the dead body was found. So far as the identification of the dead body by this witness from the ears and nose is concerned, we see from the evidence of PW-7 the doctor who conducted the post mortem that the dead body had deteriorated so much that the ears, eye-balls, nose and lips had disfigured. Thus from a total reading of the evidence of the doctor, it is clear that it was not possible for anybody to have identified the dead body from the ears and nose of the deceased because of the condition of decomposition. Therefore, what remains is only the clothes that was found on the dead body of the deceased. It is to be noted neither PW-2 nor PW-5 in their evidence has stated what clothes Chander Has was wearing when he went with the appellants. PW-4 has not given any reason for identifying the clothes of the deceased. PW-3 who is also a relative of Chander Has has not identified the clothes of Chander Has. Therefore, identification of the dead body by PW-4 by the clothes cannot be accepted. Here, we also notice even according to PW-9, the wife of Chander Has, viz. PW-2 had not identified the dead body. Therefore, we find it not safe to reply upon the evidence of PW-4 in regard to identification of the body. That apart it has come in evidence that in the complaint filed on 17.4.1993 before the Police Station it is mentioned that the height of the missing Chander Has was 5.7" while PW-7 the doctor who specifically measured the dead body has in unequivocal terms stated that the height or the length of the dead body was 5.10". This is also a material discrepancy that could be noticed in the identification of the dead body. From the discussion made herein above, we are of the opinion that the prosecution has failed to establish that the dead body found by the Police on 18.4.1993 was that of missing Chander Has. 14. Shri J.P. Dhanda, learned counsel for the State, after referring to the evidence of the prosecution, very vehemently contended that the prosecution has proved beyond reasonable doubt that the dead body was that of Chander Has and Chander Has was taken away by the appellants on 14.4.1993 and from the recovery made from the appellants, it is crystal clear that it is the appellants who committed the murder of the Chander Has. He further pointed out that this Court in an appeal ought not to interfere with the findings of fact concurrently arrived at by the courts below by re-appreciating the evidence on record. It is true normally this Court would not substitute its subjective opinion of the evidence with that of concurrent findings of the two courts below. However, having considered the findings of the courts below, we have noticed that the trial court, though by a lengthy judgment has found the appellants guilty, we have found that finding is not supported by the material on record. Therefore, we have considered the prosecution evidence independently and have disagreed with the same for reasons mentioned in this judgment. We have not done this by merely substituting our subjective satisfaction but we have done the same for reasons based on material on record. We have found that no reliance can be placed on the evidence of PWs. 2, 3 and 4 and the basis for the reasons given by us though available on record have not been considered by the trial court. So far as the High Court is concerned, we need not give any additional reasons for differing from the same because the impugned judgment of the High Court is only a summary of the judgment of the trial court.15. For the reasons stated above, we find that the prosecution case, which is purely based on circumstantial evidence, has not been established beyond all reasonable doubts. Once we discard the evidence of the prosecution in regard to its theory of "last seen together", identification of the dead body, and filing of the complaint on 17.4.1993, the links in the chain of circumstances get broken, hence, the chain of circumstances will not be complete. Then assuming for the sake of argument that the prosecution has been able to establish the recovery of the weapon, which in any case had no blood stains on it, and the motorcycle, by themselves would not complete that chain so as to be consistent with no other hypothesis, except the guilt of the accused. Therefore, we find it unsafe to rely upon the prosecution case.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]6. The High Court on appeal, in our opinion, in a very brief discussion of the evidence concurred with the finding of the trial court. In this process it noted that the last seen evidence of PWs.2 and 5 inspires full confidence and the same is fully supported by Daily Entry No. 7 at Sampla Police Station dated 17.4.1993. It also came to the conclusion that the motive put forth by the prosecution stood fully established. According to the High Court, the appellants in the guise of settling their dispute had taken away the deceased on 14.4.1993. The High Court also held that the defence taken by the appellants cannot be relied upon and on this basis dismissed theher evidence before the Court she did not mention who told her this fact in the bazaar. Then she states that after hearing this news she went to house and gave this information to other members of the family and in the company of PWs.3 and 4 she went to the place where the dead body was lying and identified the said dead body as that of her husband. She specifically states that Police came there later and that she had identified the dead body earlier. During the course of examination she further elaborated this aspect of her evidence by stating that "After identifying the dead body I went to the police station and told the Police about the fact". This piece of her evidence runs counter to the evidence ofas noted already. The above evidence ofthe Investigating Officer as to the absence ofat the place where the dead body was found is also supported by the evidence of PWs. 3 and 4, who also did not state anything about the presence ofat the time and place where the dead body was found. As a matter of fact,Raghubir who is the uncle of the deceased specifically states thatwas not called to the place where the dead body was found. From the above evidence, it is clear thatfor reasons better known to her has chosen to give a palpably untrue version as to her going to the place where the dead body was found and identifying the same, then going to the police station and informing the same. Added to this we notice that there is a suggestion made to this witness by the defence, which of course, is denied bythat on 14.4.1993 she was not at home since she was attending to a very close friend of her husband who had undergone an eye operation in a nearby eye camp, therefore, she could not have seen, the going away of her husband with the appellants. From the above discussion of the evidence ofwe find thathas not come out with the true version of the case and the courts below have not examined these discrepancies, improvements and improbabilities in her evidence while accepting the same.It is the prosecution case that in regard to missing of Chander Has PWs 2 and 8 came to the Police Station at Sampla on 17.4.1993 at about 8 a.m. in the morning and lodged a missing persons complaint. The evidence has very strongly questioned this part of the prosecution case. In spite of the same the prosecution has failed to examine ASI Chand Mohammad who according to it had recorded the statements of PWs 2 and 89 and also entered the complaint in the daily register of the station. In our opinion, this entry has not been proved beyond reasonable doubt.has not stated anything about this fact in her evidence. PW.8 who is the other person who accompanied PW.2 to the Police Station on 17.4.1993 has not supported the prosecution case and he was treated as hostile andIn this background, the non examination of ASI Chand Mohammad creates considerable doubt as to the prosecution case. Therefore, we find it difficult to accept the prosecution case as to the complaint of 17.4.1993 which cannot befrom a total reading of the evidence of the doctor, it is clear that it was not possible for anybody to have identified the dead body from the ears and nose of the deceased because of the condition of decomposition. Therefore, what remains is only the clothes that was found on the dead body of the deceased. It is to be noted neitherin their evidence has stated what clothes Chander Has was wearing when he went with the appellants.has not given any reason for identifying the clothes of the deceased.who is also a relative of Chander Has has not identified the clothes of Chander Has. Therefore, identification of the dead body byby the clothes cannot be accepted. Here, we also notice even according tothe wife of Chander Has, viz.had not identified the dead body. Therefore, we find it not safe to reply upon the evidence ofin regard to identification of the body. That apart it has come in evidence that in the complaint filed on 17.4.1993 before the Police Station it is mentioned that the height of the missing Chander Has was 5.7" whilethe doctor who specifically measured the dead body has in unequivocal terms stated that the height or the length of the dead body was 5.10". This is also a material discrepancy that could be noticed in the identification of the dead body. From the discussion made herein above, we are of the opinion that the prosecution has failed to establish that the dead body found by the Police on 18.4.1993 was that of missing Chanderis true normally this Court would not substitute its subjective opinion of the evidence with that of concurrent findings of the two courts below. However, having considered the findings of the courts below, we have noticed that the trial court, though by a lengthy judgment has found the appellants guilty, we have found that finding is not supported by the material on record. Therefore, we have considered the prosecution evidence independently and have disagreed with the same for reasons mentioned in this judgment. We have not done this by merely substituting our subjective satisfaction but we have done the same for reasons based on material on record. We have found that no reliance can be placed on the evidence of PWs. 2, 3 and 4 and the basis for the reasons given by us though available on record have not been considered by the trial court. So far as the High Court is concerned, we need not give any additional reasons for differing from the same because the impugned judgment of the High Court is only a summary of the judgment of the trial court.15. For the reasons stated above,we find thatthe prosecution case, which is purely based on circumstantial evidence, has not been established beyond all reasonable doubts. Once we discard the evidence of the prosecution in regard to its theory of "last seen together", identification of the dead body, and filing of the complaint on 17.4.1993, the links in the chain of circumstances get broken, hence, the chain of circumstances will not be complete. Then assuming for the sake of argument that the prosecution has been able to establish the recovery of the weapon, which in any case had no blood stains on it, and the motorcycle, by themselves would not complete that chain so as to be consistent with no other hypothesis, except the guilt of the accused. Therefore, we find it unsafe to rely upon the prosecution case.