Case: Ramesh Bhai  Vs. State Of Rajasthan

On 12.01.1996 a missing person report about Purshottam Bhai was submitted by Smt. Jashoda Ben to the Police Inspector, Police Station, Nadiad. On this application, Inspector Arvindbhai Patel (PW 21) started investigation on 16.1.1996. Since in the application the name of Jasbhai r/o Nadiar was mentioned so he reached Nadiad and started investigation of the case. Jasbhai was not found at his home. His sons wife Rekha met him there and she was interrogated. On 18.1.1996, Jasbhai was found at home and he was interrogated. The statement of Jasbhai was recorded. Jasbhai said that Ramesh Patel and Narvar Singh both have cheated him jointly in purchasing his house. On 18.1.1996 the statements of Jashodaben were recorded and copy of the agreement of sale of the house of Jashodaben was submitted. Thereafter the statements of Rameshbhai and Narpat Singh were recorded. Both the accused persons Narvar Singh and Ramesh accepted that they had taken Purshottam Bhai and his wife on a visit to Ambaji at Abu Parvat and in Abu Parvat at sunset point they made them drink coffee by pouring sleeping pills in it. After drinking coffee, Purshottam Bhai became unconscious and he was given five injections of poison. Jashoda Ben was not unconscious therefore they could not give her injections. After giving him injections of poison, Purshottambhai died and they wrapped his dead body in a sheet and placed it in the room. This room was hired at Raghunath Dharamshala. Therefore Narvat Singh left Dharamshala and Ramesh told Jashoda that Purshottam Bhai had gone to Ambaji alongwith Narvar Singh and he asked her to go to Ambaji. Taking Jashoda with him, Ramesh came to Ambaji. Leaving Jashoda alone at Ambaji, both the accused persons fled away. On 19.01.1996 Inspector Arvind Bhai Patel reached Abu Parvat Police Station taking Jasbhai, Ramesh and Narvar Singh with him and in the morning all the three accused persons were handed over to the Abu Parvat Police.After completion of investigation, charge sheet was filed. Since accused persons abjured guilt, trial was held.The trial court found that though the case of the prosecution rested on circumstantial evidence, the circumstances clearly established the accusations.In appeal the High Court upheld the conviction as

Reasoning: 16. It is to be noted that the High Court recorded a finding as if it was proved through the prosecution evidence and medical evidence and the report of Doctor that the cause of death of the deceased was `Organo Phosphorous which was administered to him. This finding is apparently wrong. The doctors opinion as is evident from Exh.P15-1 that the cause of death was not possible to be noted because the body was decomposed.17. According to the FSL report Exh.P4 medicine called Diazepam "Tranquilizer" was found in the stomach intestine, lever, heart, kidney and lungs etc. In view of the shaky nature of the evidence adduced it would be unsafe to convict the appellants. The conviction as recorded by the trial court and upheld by the High Court stand quashed. The appellants be set at liberty forthwith unless required to be in custody in connection with in any other case. We place our appreciation for the able manner in which Mr. Shiv Kumar Suri, learned Amicus Curiae assisted the court.