Case: Raj Kumar Prasad Tamarkar Vs. State of Bihar &amp; Another

Raja Ram Sao (Respondent) was prosecuted for commission of an offence under Section 302 of the Indian Penal Code. He was a convoy driver employed by Tata Engineering Locomotive Company (TELCO) at Jamshedpur. He married Usha Devi (deceased) on 3.07.1995 at Calcutta at her maternal grandfathers place. She had all along been residing at Calcutta with him. She, after solemnization of the marriage, went to her matrimonial home at Jamshedpur on several occasions. She, however, stayed at Jamshedpur only for a total number of 10 days. The deceaseds father Raj Kumar Prasad Tamarkar (Appellant) was a resident ofthe respondent had an affair with a lady named Shahnaj. The deceased allegedly raised objection in regard thereto. She, at the material time, was staying with her parents at Giridih. At about 4.00 p.m. on 13.07.1996, the respondent came to his in-laws place at Giridih. He asked for Bidai of his wife. It was agreed that Bidai ceremony would be held on 17.07.1996. He stayed at Giridh on the said date. On 14.07.1996, allegedly, the respondent went to see a movie in a theater known as Jivan Talkies along with the deceased and her brother Ranjit Kumar Prasad (PW-3). The residential premises of the parents of the deceased consisted of only two rooms, one on the second floor which was being used as a bedroom and other on the first floor which was also used as a kitchen. There was a terrace on the second floor just in front of the said bed room. When the dinner was to be served the brother-in-law of the respondent was asked to have it in the kitchen situate at the first floor, the deceased took the food for dinner of the respondent to a room in the second floor in which he wasis not in dispute that although as a convoy driver of TELCO, the respondent visited Calcutta on several occasions after solemnization of the marriage, he never visited the deceased although she was staying with her maternal grandfather at Calcutta. It is furthermore not in dispute that when the incident took place the deceased was alone with the respondent on the second floor of theprosecution case is when the deceased had gone upstairs with the dinner of the respondent, a sound of a gunfire was heard by the informant at the first floor. PW-3 rushed to the second floor immediately and found the deceased lying in a pool of blood in the terrace having a gun shot injury. Allegedly, he exclaimed"DIDI KO KISEE NEI GOLI MARthese words, the parents of the deceased also rushed to the second floor and found her lying in the terrace in the pool of blood with a gun shot injury on her forehead. Respondent was seen hiding something by PW-2. When the mother of the deceased Gouri Devi (PW-2) took the deceaseds head on her lap, the respondent also came out. She was brought downstairs and taken to a nursing home. Respondent was also said to have accompanied them in a rickshaw. She was declared dead. Before the deceased was taken to the nursing home, PW-2 had locked the room fromabout the said incident was lodged by Raj Kumar Prasad Tamarkar, the father of the deceased (PW-13). The investigating officer, on opening of the lock, found a revolver from which smoke was still coming out. It was found from the bed-stead of thewas arrested. Principal witnesses examined on behalf of the prosecution to prove the offence against the respondent before the learned Sessions Judge were PW-2, PW-3 and PW-13, mother, brother and informant - father of the deceased respectively. Indisputably, they were present in the house when the occurrence had taken place. The autopsy report was prepared by Dr. Kaushlendra Kumar (PW-1) posted at Sadar Hospital, Giridih. He found the following injuries on the person of theone circular lacerated wound over grabella (middle of forehead) =" x 1/2" cranial cavity deep with inverted margin, blackening and charring was present.(ii) Cresentric mark over the side of the nose (left) below left eye - nail mark.On further desection - subcutaneous tissues under the lacerated wound on the forehead in middle i.e. Glabella region and the underlying frontal bone consisted a circular hole =" x =" Cranial cavity deep.On further desection the menigges and the brain were lacerated and terro posteriorly with extra cranial blood clot. On bullet was taken out from the posterior cranial fossa. The bullet was sealed and handed over the investigatingDevi (PW-4) was the aunt of the deceased, i.e., the brothers wife of informant (PW-13). She was staying in the same house. She deposed that at the relevant time the respondent was staying in the house and he had come asking for Bidai of the deceased. Suresh Kumar (PW-3) is another brother of the informant living in the same house. He was informed by the informant that it was the respondent who was responsible for the death of his daughterPrasad (PW-5) is another brother of the informant who was also living in the same house. He also supported PW-3. Bishwanath Sharma (PW-7) was a neighbour who came to the place upon hearing commotion. To him also the occurrence was reported by the informant. Kali Prasad Sao (PW-8), Shambhu Prasad (PW-9), Surender Sao (PW-10) and Ramdeo Prasad Yadav (PW-11) were witnesses of seizure of a blood-stained revolver from the bed-stead of the room which was being occupied by the respondent at the relevant time. Shesil David Khalkho (PW-12) is a Sargent Major. He had examined the seized revolver and opined that the same had been in a working condition and had been used recently. He examined himself aslearned Sessions Judge on the basis of the aforementioned evidence found the respondent guilty of commission of murder and sentenced him to undergo rigorous imprisonment for life. The said judgment having been appealed against has been reversed by the High Court by reason of the impugned judgment. The High Court was of the opinion that the circumstances said to be obtaining in the prosecution case could not be said to have connected all the links in the chain. The High Court also noticed that there was no eye-witness to thecircumstances which have been found by the learned Sessions Judge to prove the involvement of the respondent in the case are asThe marriage between the accused-appellant and the deceased was solemnized some time prior to the occurrence and the accused - appellant although visited Calcutta in course of his duty but he did not meet his wife Usha Devi the deceased, in Calcutta while she was residing at her Nanihal at Bhawanipur.(ii) At the time of occurrence in the upstairs of the house only the accused - appellant and the deceased were present. There was none other than them.(iii) Soon after the occurrence when the inmates of the house went upstairs hearing the sound of firing, the accused - appellant was in the room while the deceased, Usha Devi, was lying with gun shot injury in pool of blood on the terrace and he was found concealing something inside the bed-stead.(iv) On examination of the seized revolver it was found to be an unable one and recently it was used as still there was smell of firing in the barrel.(v) The accused - appellant was having some illicit relationship with one lady, namely, Sahnaj and only with the ulterior motive of clearing his path of illicit relationship with Sahnaj, Usha Devi was murdered. A letter to that effect as alleged was written by the accused - appellant to the deceased had been proved in the case."

Reasoning:
It is true that neither any fingerprint expert nor any ballistic expert had been examined. Even the blood found on the revolver had not been sent for chemical examination, but, in our opinion, the same by itself would not negate the circumstances which have proved the guilt of the respondent beyond all reasonableIt is well settled that ordinarily this Court would not interfere with the judgment of acquittal if two views are possible but having regard to the fact that the High Court has failed to take into consideration the relevant facts and misapplied the legal