Case: Ramreddy Rajeshkhanna Reddy  Vs. State Of A.P

the morning. 22. In this case, the time of actual offence having regard to the different statements made by different witnesses may assume some importance as one of the grounds whereupon the High Court has based its judgment of conviction is the time of death of the deceased on the basis of the opinion rendered by Dr. P. Venkateshvarlu (P.W.13). 23. In Modis Medical Jurisprudence, 22nd edition, as regard duration of rigor mortis, it is stated: ?AverageMinimumMaximum HoursMinutesHoursMinutesHoursMinutes Duration of191230400" rigor mortis 24. It was, therefore, extremely difficult to purport the exact time of death of the deceased, more so when no sufficient reason was assigned in the post- mortem report. 25. In Pattipati Venkaiah v. State of Andhra Pradesh [(1985) 4 SCC 80] , this Court held: "10. Another circumstance stressed by Mr Garg was that according to the medical evidence the deceased must have died by about 5.30 a.m. on July 2, 1975 and no reasonable explanation has been given by the prosecution as to why the dead body was taken to the hospital at about 10.55 a.m. after about five hours when the hospital was quite near. Here, the learned counsel as also the trial court have committed a serious error in the appreciation of evidence. A perusal of the evidence of the doctor does not conclusively show that the deceased must have died at about 5-6 a.m. Medical science is not yet so perfect as to determine the exact time of death nor can the same be determined in a computerised or mathematical fashion so as to be accurate to the last second." (Emphasis supplied) 26. In Ram Udgar Singh v. State of Bihar [(2004) 10 SCC 443] , this Court held: "10. Evidence of PWs 1, 2, 3 and 5 clearly establishes the definite role played by the accused- appellant. So far as the plea relating to the time of death on the basis of medical evidence is concerned, emphasis is laid on the fact that rigor mortis could not have set in, in the dead body within two hours. The High Court has referred to several treatises on medical jurisprudence to conclude that the time which is usually three to four hours may vary according to climatic conditions. We find no infirmity in the conclusion. The courts were justified in holding that the appellant was the assailant, and accordingly convicted him. No exception could be taken to the well-merited reasoning squarely found supported by overwhelming, relevant, convincing and concrete evidence placed on record by the prosecution in this case." [See also State of Punjab v. Daljit Singh & Anr. (2004) 10 SCC 141.] 27. In the Post-Mortem Report, apart from stating that rigor mortis were confined to both upper and lower limbs, no other reason has been disclosed. 28. Even the recovery of knife was said to have been made only from the Appellant No. 2. 29. It is now well-settled that with a view to base a conviction on circumstantial evidence, the prosecution must establish all the pieces of incriminating circumstances by reliable and clinching evidence and the circumstances so proved must form such a chain of events as would permit no conclusion other than one of guilt of the accused. The circumstances cannot be on any other hypothesis. It is also well-settled that suspicion, however, grave may be, cannot be a substitute for a proof and the courts shall take utmost precaution in finding an accused guilty only on the basis of the circumstantial evidence. [See Anil Kumar Singh v. State of Bihar (2003) 9 SCC 67 and Reddy Sampath Kumar v. State of A.P. (2005) 7 SCC 603 ] 30. The last-seen theory, furthermore, comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. Even in such a case courts should look for some corroboration. 31. In State of U.P. v. Satish [(2005) 3 SCC 114] , this Court observed: "22. The last-seen theory comes into play where the time-gap between the point of time when the accused and the deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. It would be difficult in some cases to positively establish that the deceased was last seen with the accused when there is a long gap and possibility of other persons coming in between exists. In the absence of any other positive evidence to conclude that the accused and the deceased were last seen together, it would be hazardous to come to a conclusion of guilt in those cases. In this case there is positive evidence that the deceased and the accused were seen together by witnesses PWs 3 and 5, in addition to the evidence of PW 2." [See also Bodh Raj @ Bodha & Ors. Vs. State of Jammu & Kashmir AIR 2002 SC 3164 .] 32. It is, furthermore, well-known that motive by itself is not sufficient to prove the guilt. [See State of M.P. through CBI & Ors. v. Paltan Mallah & Ors. (2005) 3 SCC 169 , para 9.] 33. Furthermore, the solitary witness, to prove the alleged motive, namely, P.W.8 was examined by the police after two days. No reliance, thus, can be placed on his evidence. 34. It may be true that the Appellant No. 2 was a history-sheeter. It may further be true that P.W.1 instituted a case against the Appellant No. 1 for threatening him when he was on bail. It may also be, that P.W.7 did not identify the Appellants as he was found shaking. If the Appellants are guilty of other offences, they can be proceeded against appropriately and in accordance with law. We hope the authorities would do so. 35.

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

Explanation:
1[ds]In this case, the time of actual offence having regard to the different statements made by different witnesses may assume some importance as one of the grounds whereupon the High Court has based its judgment of conviction is the time of death of the deceased on the basis of the opinion rendered by Dr. P. Venkateshvarlu (P.W.13)It was, therefore, extremely difficult to purport the exact time of death of the deceased, more so when no sufficient reason was assigned in the post- mortem reportIn the Post-Mortem Report, apart from stating that rigor mortis were confined to both upper and lower limbs, no other reason has been disclosedEven the recovery of knife was said to have been made only from the Appellant No. 2The last-seen theory, furthermore, comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. Even in such a case courts should look for some corroborationFurthermore, the solitary witness, to prove the alleged motive, namely, P.W.8 was examined by the police after two days. No reliance, thus, can be placed on his evidenceIt may be true that the Appellant No. 2 was a history-sheeter. It may further be true that P.W.1 instituted a case against the Appellant No. 1 for threatening him when he was on bail. It may also be, that P.W.7 did not identify the Appellants as he was found shaking. If the Appellants are guilty of other offences, they can be proceeded against appropriately and in accordance with law. We hope the authorities would do so