R. Shaji vs State Of Kerala

3. Shri S. Gopakumaran Nair, learned senior counsel appearing for the appellant, has submitted that there was no motive for the appellant to cause death of Praveen. It is a case of circumstantial evidence as there is no eye-witness to the actual incident of killing. The chain of circumstances is not complete. Haridas (PW.14), an auto- rickshaw driver had seen the appellant and others only for a fleeting moment. Though the appellant and Vinu (A-2) were arrested, no Test Identification Parade was conducted. The statements of witnesses were recorded under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) by a Magistrate who did not even mention the date of recording such statements, such statements were not exhibited before the court for the purpose of corroboration and confrontation. Jose (PW.8), Shanavas (PW.12), and Mohamamed Sherif @ Monai (PW.13), identified Praveen (deceased), by seeing only his passport sized photograph. This is not enough as Shanavas (PW.12), had seen the appellant and others including Praveen (deceased), only for a brief moment and thus, was unable to identify them in court after the lapse of a period of several months, during the course of the trial. Different parts of the body were found, and the identification of the dead body, merely on the basis of a mole on the leg of the body cannot be held to be proper identification by the father, as the dead body was recovered after a lapse of 3/4 days. Different parts of the body were recovered on different dates and by such time the skin would have dis-integrated entirely. Neither Vijayamma nor Radhamma were examined. Aji, who had disclosed information pertaining to the illicit relationship of Praveen with the appellant’s wife, was also not examined. A DNA test was conducted on the dead body to determine whether the same was in fact, the body of Praveen (deceased). However, the FSL report disclosed that in respect of the chopper used for the purpose of dismembering the parts of the body, no blood group could be detected. The whole case of the prosecution hence, becomes unbelievable, and the conviction of the appellant is liable, to be set aside.

8. Undoubtedly, the van was returned on 16.2.2005 and was recovered on 24.2.2005, and hence, it might have been used in the interim period, but this does not affect the evidence on record. Some police officers collected samples of blood stains from the floor of the said vehicle and also some hair. The hair and blood stains recovered during the investigation, were compared with the hair collected by the Scientific Officer from the deceased, which established that the said hair did in fact, belong to Praveen (deceased), and thus, the use of the said vehicle in the crime stood proved. The recovery of the van was in accordance with the provisions of Section 27 of the Indian Evidence Act, 1872 (hereinafter referred to as the ‘Evidence Act’), and as the same was done at the behest of the appellant, his conduct was relevant under Section 8 of the Evidence Act.

37. In view of the above, we do not find any merit in the appeal and the same is dismissed accordingly. However, before parting with the case, we would like to mention that the courts below have appreciated the entire evidence meticulously, but it would have been desirable if all the circumstances which completed the chain, rendering the accused liable for punishment could have been put together, to facilitate better understanding of the judgment.