Case: State Of Orissa Vs. Babajli Charan Mohanty

there would have been considerable time gap between the point of hearing the cries of her husband and the point of time when she could gain access to the scene of occurrence. By that time, in all probability, the attack would have been over. The assailants would not have leisurely carried out the attack, especially in the midst of commotion going on in the house. Secondly, even after hearing the shouts of PW-1 and sensing her efforts to draw the attention of passers-by the accused would not have remained there still assaulting the victim, taking the risk of being sighted by PW-1 and other. 14. The attack for the second time has been narrated by her in the following words:- "I dragged him to the verandah of the Bari side house. From there I proceeded to our Bari side towards the house of Krushna Das. I called him. When Krushna Das was coming towards our house, accused persons Babaji and Mayadhar threatened him with assault in case he came to the rescue of my deceased husband. So I came to the place where my husband was lying. Again I saw accused Babaji (my father in law) assaulting my husband with a Gada and accused Mayadhar assaulting him with a sword (Khanda). I caught hold of the feet of my father-in-law accused Babaji and requested him not to assault. Thereafter accused Mayadhar dragged me and put me inside the kitchen. Again I came to the place where my husband was lying. Again accused Babaji pushed me inside the bed room. When he was about to close the door from outside I came out of the room and again shouted for help. At that time accused persons Babaji and Mayadhar threatened to kill me if I did not keep quiet. On hearing my shouts, the Gramsrakhi Kangali Jena and Sitanath Dalei arrived at the house." 15. This apart of the story also seems to be quite artificial and highly improbable. It is difficult to believe that the two accused having perpetrated a ghastly crime and having got the impression that the victim was dead could still remain there to launch another attack in spite of the shouts and cries of PW-1 even after knowing fully well that PW-1 went out to call the neighbours. Is it reasonably possible to believe that the accused would have allowed her to go out to inform the neighbours and in any case, will they wait till PW-1 returns and then launch another attack on the person who was almost dead by that time? It will be equally difficult to believe that the accused remained in the house till Krushnadas (PW-5) approached their house and threatened him with dire consequences if he came to the rescue of the deceased. Of course, PW-5 who was treated hostile witness did not support the version of PW-1. Be that as it may, what is relevant to notice is that soon after the alleged confrontation with PW-5, PW-3 and another by name Kangali Jena (Gramrakshi) came there on hearing the shouts of PW-1. It is in the evidence of PW-3 that he did not see either of the accused in the house. Either the accused were not at al there in the house or they would have left just before PW-3 and another came to the house. But, it is not the version of PW-1 that they left by that time. If the accused wanted to leave the house after the murderous attack, having regard to the ordinary course of human conduct, they should have in all probability left soon after the attack without being seen by anybody. Thus, any amount of doubt crops up whether P.W.1 had seen the actual attack or she acted on suspicion, maybe strong suspicion, about the involvement of the accused-respondents. 16. There is yet another circumstance which costs some doubt on the prosecution case. PW-1 stated that after the first attack she fed the victim with some water and then dragged him to the varandah on the back side of the house. Whether the assailants and other family members who were trying to forcefully silence P.W. 1 would have allowed her to drag and shift the body of the deceased is one aspect. If, in fact, he had been dragged, blood stains should have been found in the passage and verandah but nothing was found by PW-13, the I.O. No blood stains were found even on PW-1s dress. 17. The above facts and circumstances would give rise to a reasonable doubt whether the incident had taken place in the manner narrated by PW-1. Added to this, the conduct of PW-1 in implicating all the family members imputing them certain overt acts which were found to be unbelievable by the trial Court would cast a serious doubt on the reliability of PW-1s evidence. She went to the police station leaving the victim who was unconscious but still alive and reported against all the family members en bloc excepting the mother of the deceased who is said to be mentally unsound. Her vindictiveness and tendency to implicate innocent persons as well is apparent from this conduct. In these circumstances, if the High Court had taken the view that it is not safe to convict the accused on the basis of testimony of PW-1, the High Court cannot be faulted for reaching this conclusion though the High Court failed to address itself to certain crucial aspects of evidence and gave undue importance to certain inconsequential matters. It is true that the conduct of accused persons after the incident had taken place is very unnatural and creates strong suspicion against them; but, that by itself is not sufficient to convict the accused, especially when no strong motive to put an end to the life of son/brother is made out. We are, therefore, not inclined to interfere with the verdict of acquittal rendered by the High Court though the reasoning of the High Court is unsatisfactory in some respects. 18.

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

Explanation:
0[ds]17. The above facts and circumstances would give rise to a reasonable doubt whether the incident had taken place in the manner narrated byAdded to this, the conduct ofin implicating all the family members imputing them certain overt acts which were found to be unbelievable by the trial Court would cast a serious doubt on the reliability ofevidence. She went to the police station leaving the victim who was unconscious but still alive and reported against all the family members en bloc excepting the mother of the deceased who is said to be mentally unsound. Her vindictiveness and tendency to implicate innocent persons as well is apparent from this conduct. In these circumstances, if the High Court had taken the view that it is not safe to convict the accused on the basis of testimony ofthe High Court cannot be faulted for reaching this conclusion though the High Court failed to address itself to certain crucial aspects of evidence and gave undue importance to certain inconsequential matters. It is true that the conduct of accused persons after the incident had taken place is very unnatural and creates strong suspicion against them; but, that by itself is not sufficient to convict the accused, especially when no strong motive to put an end to the life of son/brother is made out. We are, therefore, not inclined to interfere with the verdict of acquittal rendered by the High Court though the reasoning of the High Court is unsatisfactory in someis difficult to believe the version ofPW1 that shehad seen the two accused attacking her husband. Firstly, in view of what is noticed above, there would have been considerable time gap between the point of hearing the cries of her husband and the point of time when she could gain access to the scene of occurrence. By that time, in all probability, the attack would have been over. The assailants would not have leisurely carried out the attack, especially in the midst of commotion going on in the house. Secondly, even after hearing the shouts ofand sensing her efforts to draw the attention ofthe accused would not have remained there still assaulting the victim, taking the risk of being sighted by5. This apart of the story also seems to be quite artificial and highly improbable. It is difficult to believe that the two accused having perpetrated a ghastly crime and having got the impression that the victim was dead could still remain there to launch another attack in spite of the shouts and cries ofeven after knowing fully well thatwent out to call the neighbours. Is it reasonably possible to believe that the accused would have allowed her to go out to inform the neighbours and in any case, will they wait tillreturns and then launch another attack on the person who was almost dead by that time? It will be equally difficult to believe that the accused remained in the house till Krushnadasapproached their house and threatened him with dire consequences if he came to the rescue of the deceased. Of course,who was treated hostile witness did not support the version ofBe that as it may, what is relevant to notice is that soon after the alleged confrontation with3 and another by name Kangali Jena (Gramrakshi) came there on hearing the shouts ofPW1. It isin the evidence ofthat he did not see either of the accused in the house. Either the accused were not at al there in the house or they would have left just beforeand another came to the house. But, it is not the version ofThere is yet another circumstance which costs some doubt on the prosecution case.stated that after the first attack she fed the victim with some water and then dragged him to the varandah on the back side of the house. Whether the assailants and other family members who were trying to forcefully silence P.W. 1 would have allowed her to drag and shift the body of the deceased is one aspect. If, in fact, he had been dragged, blood stains should have been found in the passage and verandah but nothing was found bythe I.O. No blood stains were found even on