Case: Raja @ Rajinder Vs. State of Haryana

Section 27, even if a fact is deposed to as discovered in consequence of information received, only that much of the information is admissible as distinctly relates to the fact discovered.? 13. In State of Maharashtra v. Damu (2000) 6 SCC 269 ), while dealing with the fundamental facet of Section 27 of the Evidence Act, the Court observed that the basic idea embedded in the said provision is the doctrine of confession by subsequent events, which is founded on the principle that if any fact is discovered in a search made on the strength of any information obtained from a prisoner, such a discovery is a guarantee that the information supplied by the prisoner is true. It further stated that the information might be confessional or non-inculpatory in nature, but if it results in discovery of a fact it becomes a reliable information and, therefore, the legislature permitted such information to be used as evidence by restricting the admissible portion to the minimum. 14. Thus, if an accused person gives a statement that relates to the discovery of a fact in consequence of information received from him is admissible. The rest part of the statement has to be treated as inadmissible. In view of the same, the recovery made at the instance of the accused-appellant has been rightly accepted by the trial Court as well as by the High Court, and we perceive no flaw in it. 15. Another circumstance which has been taken note of by the High Court is that the blood-stained clothes and the weapon, the knife, were sent to the Forensic Science Laboratory. The report obtained from the Laboratory clearly shows that blood stains were found on the clothes and the knife. True it is, there has been no matching of the blood group. However, that would not make a difference in the facts of the present case. The accused has not offered any explanation how the human blood was found on the clothes and the knife. In this regard, a passage from John Pandian v. State (2010) 14 SCC 129 )is worth reproducing: ?The discovery appears to be credible. It has been accepted by both the courts below and we find no reason to discard it. This is apart from the fact that this weapon was sent to the forensic science laboratory (FSL) and it has been found stained with human blood. Though the blood group could not be ascertained, as the results were inconclusive, the accused had to give some explanation as to how the human blood came on this weapon. He gave none. This discovery would very positively further the prosecution case.? In view of the aforesaid, there is no substantial reason not to accept the recovery of the weapon used in the crime. It is also apt to note here that Dr. N.K. Mittal, PW-1, has clearly opined that the injuries on the person of the deceased could be caused by the knife and the said opinion has gone unrebutted. 16. Another circumstance which needs to be noted is that Sukha, PW-7, a taxi driver, has deposed that on 18.1.2003 about 11.00 p.m. while he was going to Fatehabad for taking passengers, he saw a bullock cart parked in front of the house of the accused and certain persons were tying a bundle in a ?palli?. On query being made by him, the accused persons told him that they are carrying manure to the fields. Though, this witness has given an exaggerated version and stated differently about the time of arrest, yet his testimony to the effect that he had seen the accused with a bundle in ?palli? at a particular place cannot be disbelieved. The maxim ?falsus in uno, falsus in omnibus?, is not applicable in India. In Krishna Mochi v. State of Bihar (2002) 6 SCC 81 ), it has been held thus: ?The maxim falsus in uno, falsus in omnibus has no application in India and the witnesses cannot be branded as liars. The maxim falsus in uno, falsus in omnibus (false in one thing, false in everything) has not received general acceptance … nor has this maxim come to occupy the status of the rule of law. It is merely a rule of caution. All that it amounts to, is that in such cases testimony may be disregarded, and not that it must be disregarded.? 17. In Yogendera v. State of Rajasthan ((2013) 12 SCC 399), it has been ruled that the Court must assess the extent to which the deposition of a witness can be relied upon. The court must make every attempt to separate falsehoods from the truth, and it must only be in exceptional circumstances, when it is entirely impossible to separate the grain from the chaff, for the same are so inextricably intertwined, that the entire evidence of such a witness must be discarded. Thus viewed, the version of PW-7 to the extent that has been stated hereinabove is totally acceptable and credible. 18. In a case based on circumstantial evidence, motive assumes great significance as its existence is an enlightening factor in a process of presumptive reasoning [See Kundula Bala Subrahmanyam and Anr. v. State of Andhra Pradesh ((1993) 2 SCC 684 )]. In the case at hand, it had come in the evidence that the accused-appellant was suspicious of the illicit relationship between the deceased and his wife. The accused has taken the plea that he was never married. It is noteworthy that the materials brought on record go a long way to show that after the death of his brother he had entered into the wedlock with his sister-in-law as per the tradition of the community, that is, ‘Kareva? marriage. The said facet of evidence has really not been assailed or shaken. Thus, it has been established that there was suspicion by the accused that the deceased was having relationship with his brother?s wife and that had aroused his anger. The said motive further strengthens the case of the prosecution.

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

Explanation:
0[ds]7. As the factual matrix would show, the case of the prosecution entirely hinges on circumstantial evidence. When a case rests on circumstantial evidence, the Court has to be satisfied that the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence9. From the aforesaid it is clear as day that the Court is required to evaluate the circumstantial evidence to see that the chain of events have been established clearly and completely to rule out any reasonable likelihood of the innocence of the accused. Needless to say whether the chain is complete or not would depend on the facts of each case emanating from the evidence and no universal yardstick should ever be attempted10. In the instant case, the circumstances that have been established by the prosecution are that the deceased had accompanied the accused–appellant, being called by him, from his house in the early part of the evening on the date of occurrence. The mother of the deceased, Kalawati, PW-11, has deposed in that regard. Thereafter, from the material brought on record, it is clearly revealed that the appellant was seen at the tea stall with the deceased14. Thus, if an accused person gives a statement that relates to the discovery of a fact in consequence of information received from him is admissible. The rest part of the statement has to be treated as inadmissible. In view of the same, the recovery made at the instance of the accused-appellant has been rightly accepted by the trial Court as well as by the High Court, and we perceive no flaw in itIn the case at hand, it had come in the evidence that the accused-appellant was suspicious of the illicit relationship between the deceased and his wife. The accused has taken the plea that he was never married. It is noteworthy that the materials brought on record go a long way to show that after the death of his brother he had entered into the wedlock with his sister-in-law as per the tradition of the community, that is, ‘Kareva? marriage. The said facet of evidence has really not been assailed or shaken. Thus, it has been established that there was suspicion by the accused that the deceased was having relationship with his brother?s wife and that had aroused his anger. The said motive further strengthens the case of the prosecution.