RAJIV SINGH versus STATE OF BIHAR & ANOTHER
[2015] 12 S.C.R. 1, Supreme Court of India, 2015
Outcome: Appeal(s) allowed (Granted)
Segment: Facts
[2015] 12 S.C.R. 1 
RAJIVSINGH 
v. 
STATE OF BIHAR &ANOTHER 
(Criminal Appeal No. 1708 of2015) 
DECEMBER 16, 2015 
[V. GOPALA GOWDA AND AMITAVA ROY, JJ.]· 
1 
A 
B 
Penal Code, 1860: ss.3048, 201, 498A - Unnatural 
death of woman - Appellant and his wife 'A' went on c 
honeymoon trip after 4 months of marriage and spent 4-5 
days there -
While travelling on their way back, 'A' 
disappeared from the train - After 3 days, a dead body of a 
woman was found near the railway track of the same train 
route - Body had been lying prostrate due to which the face D 
was not recognizable - The cousin of 'A' surveyed the dead 
body and opined that it was not of 'A' - As per post mortem 
report, the time lag between the death and post mortem 
examination was more than 6 days- Pending investigation, 
mother of 'A' filed complaint against appellant alleging dowry E 
demand- Testimony of co-passengers was to the effect that 
'A' was seen by them to be hale and hearty in the train till 
Katihar much beyond Azamgarh where dead body was found 
- Trial court held the appellant-husband guilty - High Court 
affirmed the same - On appeal, held: There was discrepancy F 
in the wearing apparel of the dead body and that of 'A'. -
Even the parents of 'A' were not convinced that the dead body 
found by the side of the railway track was that of their daughter 
- This was proved by the fact that the mother had filed a writ G 
of habeas corpus which having regard to ongoing 
investigation was dismissed -
Viscera of the dead body 
contained poisonous substance, however prosecution failed 
to establish how and when she was administered poison since 
according to the co-passengers she was in a normal state, 
H 
1
2 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A neither restive nor irritating, pungent or sick - DNA test was 
not carried out in a government laboratory and instead was 
done at a private laboratory in violation of the norms - Thus, 
DNA test report and evidence of the Director of the FSL failed 
to inspire confidence in view of shortcomings and 
l::s 
deficiencies -
Prosecution failed to establish beyond 
reasonable doubt the death of 'A' - The evidence as a whole 
bearing on dowry demand and harassment or ill-treatment 
in connection therewith was also not convincing - Courts 
below failed to examine and evaluate the evidence on record 
C in the right perspective both factual and legal and thus have 
grossly erred in returning a finding of guilt against him on 
the above charges. 
Criminal jurisprudence: It is a well entrenched principle 
D of criminal jurisprudence that a charge can be said to be 
proved only when there is certain and explicit evidence to 
warrant legal conviction and that no person can be held guilty 
on pure moral conviction - Howsoever grave the alleged 
offence may be, and otherwise stirring the conscience of any 
E court, suspicion alone cannot take the place of legal proof -
The well established cannon of criminal justice is "fouler the 
crime higher the proof' - In unmistakable terms, it is the 
mandate of law that the prosecution in order to succeed in a 
F criminal trial, has to prove the charge(s) beyond all 
reasonable doubt. 
Allowing the
appeal, the Court 
HELD: 1. If the testimony of co-pas. 
gers PWs 5, 
G 6 and 7 in particular is to be believed, 'A' was with her 
husband, the appellant, in the train till Barauni junction 
which is several stations away from Azamnagar Station 
and distanced by a journey of approximately 6 & 1/2 
hours. Axiomatically therefore, from the consistent 
H evidence of these witnesses, who have not been
. RAJIV SINGH v. STATE OF BIHAR 
3 
decl~red hostile by the prosecution, it is very unlikely A 
that the dead body recovered .near Azamnagar station 
could have been, to start with, that of 'A'. 
Even the 
parents of 'A' or any of her family members have not 
claimed that the dead body was of 'A'. Significantly as 
well, the letter addressed by the cousin of 'A' to the B 
Station House Officer, Mokamah G.R.P.S., divulges in 
clear terms that on repeated survey of the dead body, 
he had in clear terms opined that it was not of 'A' and 
had cited as many as nine reasons in support of his 
unqualified conclusion to that effect. He was however C 
not examined by the prosecution for reasons best known 
to it. [Paras 44, 45] [38-C-F, G] 
2. The finding recorded in the post-mortem report 
as to the probable time of death also compounds the D 
mounting difficulties of the prosecution. Apart from being 
silent about the cause of death of the female whose 
dead body was subjected to autopsy, it mentioned in · 
no uncertain terms that the time lag between the death 
and the post-mortem examination was more than six E 
days. Arithmetically, thus death had occurred to the 
female concerned prior to 13.8.2007 which 
argumentatively as well suggests to rule out the 
possibility that it was that of 'A'. as she was alive and 
traveliing in train in the inte..'1ening night of 14.8.2007 and F 
15.8.2007 much past the Azamnagar Station. PW8 who 
had conducted the post-mortem, has also affirmed
in his 
testimony, the margin of time between death and the 
post-mortem examination of the dead body to that effect. G 
Apart from that, there was inconsistency in the 
description of the wearing apparels of 'A' and that of the 
dead body. Whereas PWs 5,6 and 7 have in unison 
deposed that she haJ been wearing a green coloured 
salwar suit, the inquest report on the dead body H
4 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A disclosed that a white and pink salwar sameej was found 
on the dead body. Whereas the prosecution had made 
an endeavour to prove that the wearing clothes of the 
dead body were that of 'A', her family members on being 
shown the same, had in categorical terms denied that 
B those were hers. [Paras 46, 47) [38-H; 39-A-E] 
3. It is a matter of record that the report of the FSL 
did disclose that the viscera of the dead body did contain 
highly poisonous substance as mentioned therein. 
C Having regard to the fact that 'A', in the company of the 
appellant, while travelling throughout the evening and 
as seen by the prosecution witnesses PWs 5,6 and 7 
was overall in a normal state, neither restive nor irritating, 
pungent or sick, it was the burden of the prosecution to 
IJl 
establish as to how and when she was administered 
poison, in order to substantiate that the dead body 
recovered was of hers. There is no semblance of either 
an endeavour or any evidence in this regard. [Para 48) 
[39-F-H; 40-A) 
E 
4. The report of the DNA test was to the effect that 
the sample of the tissue of the viscera of the dead body 
was the generic product of the parents of'A'. This report 
was sought to be proved through PW10 who on the date 
F of the receipt of the sample was the Director In-charge, 
FSL, Patna. Significantly, though in terms of Section 293 
Cr.P.C. the report being one from the government 
scientific expert, the same could
have been per se used 
as evidence in the trial by the trial court in its discretion, 
G the prosecution had voluntarily offered this witness to 
prove the same. A bare perusal of the contents of the 
report as a whole, however, does not disclose any 
scientific data on which the above conclusion had been 
H arrived at. It is also patent from the testimony of PW10 
·that the samples were not analyzed at the laboratory of
RAJIV SINGH v. STATE OF BIHAR 
5 
· FSL, Patna but had been forwarded to a private laboratory A 
i.e. Lab India. It has been admitted by the witness, that 
he has no expertise in the discipline of DNA test/serology 
and he himself was not present when the analysis was 
conducted. He admitted to have sent a technician, who 
had taken two days training in the same laboratory, to B 
undertake the exercise. The prosecution has omitted 
to examine the said technician to establish clearly the 
process that was pursued to conduct the analysis. The 
evidence with regard to collection of blood samples of 
the parents of 'A' is shaky and unconvincing as well. The C 
samples, as the PW11 Investigating Officer has admitted, 
have been forwarded by her directly without routing the 
same through the court. The witness (PW10) has 
admitted as well, that in case facilities for such analysis 0 
are not available with the FSL, Patna, as per the prevalent . 
official terms, the same should be got tested in another 
government laboratory. The evidence of this witness 
thus does not provide the details of the tests undertaken 
in support of the conclusion as recorded in the report. E 
The samples were not accompanied by 
the 
authentication card for DNA test as was necessary. This 
assumes significance as the authenticatioh card has to 
have the photograph of the person(s) offering the 
samples for DNA test. This witness conceded that he F 
was not deposing as an expert of DNA but in the
capacity 
of Director, FSL alone. 
The DNA test report and the 
evidence of PW10, in view of the shortcomings and 
deficiencies, thus fail to inspire the confidence of this 
Court to accept the same as the basis to hold that the G 
dead body was that of 'A'. The prosecution has failed to 
prove beyond reasonable doubt that the dead body 
retrieved from the bush near the railway tracks in the 
vicinity of Azamanagar Police Station was that of 'A'. 
[Para 50, 51, 52) (40-D-H; 41-A-E) 
H
6 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A 
5. The DNA test report being bereft of the particulars 
of the tests conducted and the results thereof permitting 
the conclusion arrived at, is not a self contained one and 
ipso facto also does not meet the requirements of an 
expert opinion to decisively conclude that the dead body 
B was that of 'A'. It would thus be wholly unsafe to rely on 
this document to conclude that the dead body was that 
of 'A'. 
Consequently, on the basis of the investigation 
and the materials produced, the prosecution has failed 
to prove the factum of death of 'A'. [Para 53] [41-H; 42-
C A-8] 
6. PW3, the mother of 'A' had also filed a writ petition 
seeking a writ of habeas corpus in the year 2008 before 
the High Court at Patna which having regard to the 
D ongoing investigation was dismissed. This move on the 
part of the PW3 though understandably was a desperate 
bid to locate her missing daughter, is equally suggestive 
of the fact that she along with her family was not fully 
convinced that the dead body was that of hers. [Para 
E 54] [42-C-D] 
7. A plain perusal of the testimony of the 
investigating officers involved, indicates that prior to the 
complaint, no allegation of cruelty or harassment for or 
F in connection with dowry demand was made against the 
appellant or his family members. The testimonies of 
PW11 and DW4 in particular are in ample support of this 
determination. Even the contents of the complaint do 
not unassailably
establish cruelty or harassment for or 
G in connection with dowry demand as contemplated by 
Sections 498A and 3048 IPC when juxtaposed with the 
testimony of PW11 and DW4. Both the father and the 
brother of 'A' in their depositions have admitted as well 
H that the money invested in the mutual funds had neither
RAJIV SINGH v. STATE OF BIHAR 
7 
been withdrawn by the appellant nor had been diverted A 
for his use or appropriation. 
Queerly, a diary said to 
have been written by 'A' had been seized by the police 
in the course of investigation by.Mokamah G.R.P.S. and 
was claimed to have been seen by PW1 as well. This \ 
diary has not been produced at the trial and as B 
complained by the PW11, Investigation Officer, it had 
not been handed over to her as well even when sought 
for. In this premise, the improvement in the versions of 
PW1, PW2 and PW3 with regard to demand for dowry 
and ill-treatment do not commend for acceptance. All C 
these, in a way fade tnto insignificance as well in the face 
of failure of the prosecution to prove the death of 'A' . 
[Para 55] [42-F-H; 43-A-D] 
8. Having regard to the contents of the complaint D 
dated 5.9.2007, there have been visible improvements 
with regard thereto at the trial which make these 
imputations untrustworthy on this ground also. Though 
the conduct of the appellant in not informing the parents 
of 'A' in time about the episode and in lodging the E 
complaint at Mokamah G.R.P.S. belatedly has been 
severely condemned and viewed to be a part ofthe plot 
to cover up his misdeeds in collaboration with his family 
members, in absence of any overwhelming evidence in F 
support of such perception, such an indictment cannot 
be entertained. Besides the fact that individuals react 
differently at varying situations, it was not unlikely
that 
the appellant having found 'A' missing from her berth 
while the train was nearing Bakhtiarpur, in the early G 
morning, he had made frantic searches for her in the train 
and in the process, had reached Patna junction. His 
version that he being in a bewildered and anxious state 
of mind had been directed at Patna to lodge the FIR at 
Mokamah G.R.P.S. and that he eventually did file his H
8 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A complaint, cannot per se be brushed aside to be a 
contrivance on his part to delay or misdirect the 
investigation in the matter. Incidentally, the mother of 
'A' had talked to him over cell phone while he was at 
Mokamah and on the instructions of PW1, the complaint 
B was lodged at Mokamah G.R.P.S.[Para 56] [43-E-H; 44-
A-8] 
9. Even assuming that the suggested case of the 
prosecution is that the appellant had administered 
C poison to 'A' after the train had reached Katihar junction 
and that thereafter he had disposed of her moribund 
body out of the running train, it is very unlikely that these 
activities would have gone unnoticed by any of the 
passengers in the packed compartment of a sleeper 
D coach. This is also in view of the short duration runs of 
the train through the intervening stations with intervals 
of an average of 15 minutes in between, in course 
whereof it might have stopped to enable the passengers 
to alight and disembark. In all, such a proposition is 
E wholly incredible and in defiance of logic. In the facts 
of the present case, the presumption engrafted under 
Sections 3048 IPC and 1138 of the Indian Evidence Act 
is not available to the prosecution as the essential 
F foundational facts to trigger such presumption have 
remained unproved. The prosecution has failed to 
establish beyond reasonable doubtthe death of 'A'. The 
evidence as a whole bearing on dowry demand and 
harassment or
ill-treatment in connection therewith, is 
G also not convincing. On a cumulative scrutiny of the 
H 
· evidence on record, in the facts and circumstances of 
the case, the prosecution has failed to prove the charge 
· under Sections 3048/498A/201 IPC against the appellant. 
[Para 57, 58, 59] (44-D-H; 45-A-8] 
10. It is a well entrenched principle of criminal
RAJIV SINGH v. STATE OF BIHAR 
9 
jurisprudence that a charge can be said to be proved A 
only when there is certain and explicit evidence to 
warrant legal conviction and that no person can be held 
guilty on pure moral conviction. Howsoever grave the 
alleged offence may be, otherwise stirring the 
conscience of any court, suspicion alone cannot take B 
the place of fogal proof. The well established canon of 
criminal justice is "fouler the crime higher the proof'. In 
unmistakable terms, it is the mandate of law that the 
prosecution in order to succeed in a criminal trial, has 
to prove the charge(s) beyond all reasonable doubt. The C 
evidence adduced by the prosecution dominantly is 
. circumstantial in nature with no direct proof of the 
perpetration of the alleged offence by the appellant. It is 
a trite proposition, judicially evolved, that circumstantial 0 
evidence if is to form the basis of conviction must be 
such so as to rule out every possible hypothesis of 
innocence of the accused and must without any element 
of doubt unerringly point to such culpability. The theory 
of "last seen together" as an incriminating factor qua E 
the appellant is, thus of no avail to the prosecution having 
regard to the state of evidence on record. 
It would be 
wholly unjustified to uphold the conviction of the 
appellant for the offences charged on the basis of the 
evidence, oral and documentary adduced by the F 
prosecution. The conviction and sentence of the 
appellant is
set-aside and he is ordered to be set at 
liberty, if not wanted in an connection with any other case. 
[Paras 60, 67- 69) [45-C-D; 49-A-B; 50-D; 51-C-D) 
11. There were several shortcomings and pitfalls G 
in the investigation process. The diary of 'A' though 
seized, was not produced at the trial. The evidence of 
the cousin of 'A' who had opined that the dead body was 
not that of 'A' was withheld. The Technician, FSL, Patna H 
who, as claimed by the prosecution, had conducted the
10 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A DNA test, was not produced. The DNA test was not 
carried out in a government laboratory and instead was 
done at a private laboratory in violation of the norms. 
PW10 who was examined in connection with the DNA 
test, admittedly had no expertise in the line and his 
· B evidence is, thus, for all intents and purposes of no utility. 
No searching effort was made by the Investigating Officer 
to ascertain when and how and by whom poison was 
administered as found in the viscera of the dead body. 
Investigation is also wanting in the matter of identification 
C of the dead body and the prosecution relied on 
inferences, conjectures and surmises to connect the 
appellant with the crime. The investigation in the case, 
therefore, has left gaping cracks in it incapable of being 
0 
sealed or mended. [Para 72] [52-8-F] 
12. The investigating agency as the empowered 
mechanism of the law enforcing institution of the State 
is entrusted with the solemn responsibility of s.ecuring 
the safety and security of the citizens and in the process, 
E act as the protector of human rights. The police force 
with the power and resources at its disposal is a pivotal 
cog in the constitutional wheel of the democratic polity 
to guarantee the sustenance of an orderly society. It is 
usually the first refuge of one in distress and violated in 
F his legal rights to seek redress. The police force, thus is 
bestowed with a sacrosanct duty and is
undisputedly 
required to be impartial, committed and relentless in their 
operations to unravel the truth and in the case of a crime 
G committed, make the offender subject to the process of 
law. The investigating agency, thus in the case of a 
probe into any offence has to maintain a delicate balance 
of the competing rights of the offenders and the victim 
as constitutionally ordained but by no means can be 
H casual, incautious, indiscreet in its approach and
RAJIV SINGH v. STATE OF BIHAR 
11 
application. A devoted and resolved intervention of the A 
police force is thus an assurance against the increasingly 
pernicious trend of escalating crimes and outrages of 
law in the current actuality. As a criminal offence is a 
crime against the society, the investigating agency has 
a sanctified, legal and social obligation to exhaust all its B 
resources, experience and expertise to ferret out the truth 
and bring the culprit to book. The manifest defects in 
the investigation in the case 
demonstrate an 
inexcusable failure of the authorities concerned to abide 
by this paramount imperative. [Paras 73, 74) [52-G-H; C 
53-A-E] 
Sharad Birdhichand Sarda vs. State of 
Maharashtra (1984) 4 SCC 116 : 1985 (1) 
SCR 88; Raj Kumar Singh @ Raju @ Batya vs. 
State of Rajasthan (2013) 5 SCC 722: 
201 3 
(8) SCR 599; Kali Ram vs. State of H.P (1973) 2 
SCC 808 : 1974 (1) SCR 722; Amitbhai 
Anilchandra S!J_ah vs. Central ·Bureau of 
Investigation and Anr. (2013) 6 SCC 348: 2013 
(6 ) SCR 623 - relied on. 
Sultan Singh vs. State ofHaryana (2014)14 SCC 
664; Sher Singh @ Partapa vs. State of Haryana 
(2015) 3 sec 724: 2015 (1) scR 29; Mohd. 
lmran Khan vs. State Government (NCT of Delhi) 
(2011) 10 sec 192: 2011 (15) SCR 1030; State 
of Gujarat vs. Anirudhsing and Anr. (1997) 6 SCC 
514: 1997 (2) Suppl. SCR 234; Rajesh Kumar 
and another vs. State Government NCT of Delhi 
(20q8) 4 SCC 493:2008 (3) SCR 391; State of 
H.P vs. Mast Ram (2004) 8 SCC
660: 2004 (4) 
Suppl. SCR 269; 
Rattiram and Ors. vs. State 
of\Madhya Pradesh through Inspector of Police 
(2012) 4 SCC 516: 2012 (3) SCR 496; Rohtas 
D 
E 
F 
G 
H

12 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A 
Singh & Ors. vs. State & Another (2011) II AD 
(Delhi) 612; Abeed vs. State of Kamataka (2015) 
1AKR360; State vs. Coetzee (1997) 2 L.R.C.593 
- referred to. 
B 
Case Law Reference 
(2014)14 sec 664 
referred to. Para 19 
2015 (1) SCR 29 
referred to. Para 19 
2011 (15) SCR 1030 
referred to . Para 20 
. 
c 
1997 (2) Suppl. SCR 234 
referred to. Para 20 
2008 (3) SCR 391 
referred to. Para 20 
2004 (4) Suppl. SCR 269 
referred to. Para 20 
2012 (3 ) SCR 496 
referred to. Para 20 
D 
(2011) II AD (Delhi) 612 
referred to. Para 20 
(2015) 1 AKR 360 
referred to. Para 20 
2013 (8 ) SCR 599· 
relied on. 
Para 61 
1974(1) SCR 722 
relied on. 
Para 62 
E 
(1997) 2 L.R:C.593 
referred to. 
Para 66 
1985 (1) SCR 88 
relied on. 
Para 67 
2013 (6) SCR 623 
relied on. 
Para 67 
CRIMINAL APPELLATE JURISDICTION : Criminal 
F Appeal No. 1708 of 2015 
From the.Judgment and Order dated 16.05.2014 of the 
High Court of Judicature at Patna in Criminal Appeal (SJ) No. 
1169 of 2011 
G 
R. Basant, Amit Pawan, S. Prakash Tiwari, Abhishek 
Amritanshu for the Appellant. 
Subramonium Prasad,Abhay Kumar, Tenzing Tsering, 
Utkarsh Shrivastava, Tanya Shree (for Abhinav Mukerji) for the 
H Respondents.
RAJIV SINGH v. STATE OF BIHAR 
The Judgment of the Court was delivered by 
AMITAVAROY, J. 1. Leave granted. 
13 
A 
2. Afond honeymoon trip of a newly wed young couple 
met with a tragic end, with the mysterious disappearance of B 
the wife from the company of her husband, in the train in which 
they were traveling on their way back home. The appellant, the 
husband, in the attendant facts and circumstances, stands 
arraigned and ~onvicted under Sections 304B, 201, 498A of 
the Indian Penal Code (for short, hereinafter to be referred to c 
as 'IPC') and has been sentenced to undergo rigorous 
imprisonment for varying terms for the offences involved. The 
High Court of judicature at Patna, having affirmed the conviction 
& sentence recorded by the learned trial court, the appellant 
seeks redress in the instant proceedings, challenge being laid o 
to the judgment and order dated 16.05.2014 rendered in 
Criminal Appeal (SJ) No. 1169 of 2011. 
3. 
A short preface to the dreadful episode is 
indispensable. RaniArchana Sinha (for~hort, hereinafter to. E 
be referred to as "Archana") got married on 29.04.2007 with 
the appellant according to Hindu rites and had duly joined the 
matrimonial home. Archana was a practicing advocate and 
had appeared in a competitive examination in which, as per 
the results declared on 10.08.2007, she was not selected. The 
F 
couple planned their honeymoon trip to Darjeeling and 
proceeded thereto, by Capital Express on the same date. They 
alighted
at New Jalpaiguri Station, and after visiting the places 
of their interest, as scheduled, they on 14.08.2007 boarded 
the same service for the return journey at 1500 hrs. As the G 
facts have unfolded from the First Information Report lodged 
by the appellant with the Mokamah G.RP.S. on 15.08.2007, 
the couple had dinner at Katihar Junction at 2000 hrs whereafter 
they retired for the night in their respective berths No. 33 
(appellant) and No. 35 (Archana) in coach S-1 of sleeper class 
H
14 
SUPREME COURT REPORTS 
[2015) 12 S.C.R. 
A 
approximately at 2100 hrs. As per the version of the appellant, 
he woke up at 0510 hrs on 15.08.2007 at Bakhtiarpur Station, 
to find that his wife was missing from her birth whereafter, he 
started searching for her on the running train. According to 
him, when the train reached Patna Junction, he looked for her 
B in the other trains also thereat. His plea is that on being 
enquired, the passengers in his coach did affirm that the lady 
was available in the train upto 0400-0430 hours. It is the 
appellant's assertion that situated thus, he reported the matter 
first with the GRP, Patna and eventually lodged the First 
C Information Report with Mokamah G.R.P.S .. 
4. This account of the introductory facts is available in 
the aforementioned First Information Report, in which 
noticeably, the appellant did disclose his presumption that his 
D wife might have been kidnapped. This information was 
registered, as FIR No. 26/2007 dated 15.08.2007 under 
I 
Section 365 IPC between 0400 PM to 0500 PM./ 
5. While the matter rested at that, on 18.08.2007 at 
E 1430 hours, an information was laid by one Jagdish Chander 
Sharma resident of Village Daulatabad, P.S. Azam Nagar, 
District Katihar that on the same day at 1200 hours, he was 
informed by some children that a dead body was lying by the 
side of the railway track whereupon, he visited the spot and 
F found the dead body of a female in a putrefied condition in a 
pit in a bush.
According to him the body was lying prostate 
due to which the face was not visible. The informant opined 
that the death might have occurred due to fall fmm the train 
about four to five days back. He also described the wearing 
G apparel of the dead body, to be "check green coloured salwar 
suite". He mentioned about detached hairs from the head which 
were of black colour. 
6. An inquest of the dead body followed on 19.08.2007 
H at 10.10 PM and a report based thereon was prepared. The 
r
RAJIV SINGH v. STATE OF BIHAR [AMIT AVA ROY, J.] 
15 
findings as recorded inter alia did disclose that nothing was A 
clear with regard to the marks of assault of injury, as the dead 
body was in the process of rotting. While noting that both feet 
were "in semi absent position due to rotting", it was mentioned 
as well that the dead body wore "sky coloured white and pink 
check salwar and sameeze". It was inferred that the cause of B 
death was due to fall from train. 
7. Meanwhile, the parents of Archana having enquired 
on 15.8.2007, at about 11 A.M. about her whereabouts from · 
the appellant, they had learnt that she had gone missing from C 
the train. Having come to know that a dead body had been 
recovered as above, the brother of Archana, Mr. Ravi Shankar 
Prasad requested his cousin Akhilesh Kumar to identify the 
same proposing that he would also reach the place for the 
same propose. Incidentally, the dead body had been recovered D 
near the railway line atAzam Nagar, and in due course was 
brought to the Railway Police Station, Katihar at the first 
instance. As it would appear from the letter dated 14.09.2008 
of Akhilesh Kumar, addressed to the Station House Officer, 
Railway Police Station, Mokamah, he on a survey of the dead E 
body was of the opinion that it was not of Archana. According 
toAkhilesh Kumar, he along with others had visited the Sadar 
Hospital, Katihar to identify the body but failed to do so for the 
following reasons. 
F 
1. 
That the hair
of head was missing. 
2. 
The face was comparatively small. 
3. 
There was no mole on the chick. 
4." 
The physique of the dead body was comparatively G 
thin. 
5. 
Neither the bangles were found in the hands nor 
was it stated by the Jamadar of Azam Nagar that 
the same was found at the place of occurrence. 
6. 
There was no under garments on the body. 
H
16 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A 
7. 
There was simple salwar-suit on the dead body. 
B 
8. 
The age seems to be l~ss. 
9. 
At that time I talked to cousin Ravi Shanker and 
aunt in relation to built up and appearances of the 
dead body many times and after due consideration 
with the officer in charge, Katihar GRPS, Jamadar 
Azam Nagar GRPS and Jamadar of Mokama 
GRPS I came to a conclusion that the dead body 
was not of Rani Archana. 
C 
8. The dead body was also subjected to post-mortem 
examination on 19.8.2007 in which it was noted that the same 
was in an advance stage of decomposition and that the right 
and left foot just below the ankle joint were absent. The exact 
cause of death could not be ascertained and the viscera was 
D preserved for forensic test. The report prepared on the basis 
of the autopsy, however, recorded that the time lag between 
the death and post-mortem examination was more than six 
days, suggesting thereby that death had occurred on 13.8.2007 
E or prior thereto. 
9. While the investigation on the report lodged by the 
appellant was underway, the mother of Archana, on 5.9.2007 
lodged a complaint in the court of Chief Judicial Magistrate, 
Patna against the appellant, his parents, his brothers and 
F sisters which was registered as Complaint Case No. 2544(C) 
of 2007. It was alleged therein that as reported by Archana, 
her in-laws had "greedy eyes" towards the wealth of her family 
and that at the matrimonial home, they used to
ill-treat her and 
G make her work as a domestic maid for all intents and purposes. 
Apart from being ridiculed for not getting selected in the judicial 
· service examination to earn a living, her relevance in the 
nuptial house was also used to be questioned. According to 
the complaint, her in-laws instructed her to bring Rs. 2.50 lakhs 
H from her parents so as to complete the construction of their
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
17 
house and also to furnish the same. Besides expressing A 
serious apprehension in view of the sudden programme of 
the couple to visit Darjeeling without prior information to her, 
the complainant also accused the appellant and his family 
members of a conspiracy to eliminate Archana so as to 
facilitate the second marriage of his (appellant) with the B 
prospects of earning handsome dowry. 
10. The complainant however admitted that on 
12.8.2007, her daughter had called her to inform that she was 
at Manipal whereafter, she could not talk to her inspite of C 
repeated attempts as her cellphone had remained switched 
off. The complaint revealed that it was on 15.8.2007 at about 
11 A.M., after she had failed to talk to her daughter as her 
cellphone continued to be off, that she contacted the appellant 
who on being queried, replied that she had lostArchana. On D 
this·, the complainant's husband after ascertaining that the 
appellant was at Mokamah, advised him to report the incident 
to the Mokamah G.R.P.S. The complainant alleged that the 
appellant had in fact lodged the FIR with the Mokamah G.R.P.S. 
to save himself and his family members who were responsible 
E 
for the episode. The complainant, apart from alleging, that the 
FIR had been lodged by the appellant to mis-guide the 
investigation, accused him and his family members of having 
murdered her daughter Archana, in course of the journey and 
F 
disposed of
her body so as to efface all incriminating evidence. 
She expressed reservation about the course and quality of 
the ongoing investigation and requested that the complaint be 
forwarded to the Gandhi Maidan Police Station for lodging it 
as FIR and to initiate a proper investigation in order to make G 
the accused persons stand trial. The complaint was made 
under Sections 3048/201 /120B/498A I PC and Sections 3 and 
4 of the Dowry Prohibition Act, 1961. 
11 .. After the investigation that followed on the complaint, H
18 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A charge-sheet was submitted under Section 498A IPC against 
the appellant alone and the inquisition was kept pending against 
the other accused persons. As the materials on record would 
disclose, thereafter the learned Magistrate concerned, acting 
on an application filed under Section 323 Cr. P. C. on behalf of 
B the prosecution and, being satisfied on a consideration of the 
further disclosures in the investigation, that pr'ima facie a case 
against the appellant under Sections 498N3048/1208/201 I 
364 IPC and Sections 3 &4 of the Dowry Prohibition Act, 1961 
had been made out, committed it to the Court of Sessions. 
C Charge was subsequent thereto framed against the appellant 
under Sections 3048/201 /498A IPC and to which he pleaded 
"not guilty and claimed to be tried". 
12. At the trial, the prosecution examined twelve 
D witnesses whereafter the statement of the appellant was 
recorded under Section 313 Cr. P. C. The appellant also 
examined five witnesses in his defence. At the conclusion of 
the trial, the appellant was found guilty and was convicted under 
Sections 3048/201 and 498A IPC by the learned trial court 
E and was sentenced to undergo R. I. for 10 years for the offence 
under Section 3048 IPC and fortwq years each for the offences 
under Sections 201/498A IPC. For the offences under 
Sections 201/498A IPC, the trial court also imposed a sentence 
F of fine of Rs. 5000/- each, in default whereof, the
appellant 
was to suffer S. I. for one month. All the sentences were ordered 
to run concurrently. 
G 
H 
13. Having unsuccessfully appealed before the High 
Court, the appellant seeks redress before this Court. 
14. We have heard Mr. R. Basant, learned senior counsel 
for the appellant, Mr. Subramonium Prasad, learned senior 
counsel for the respondent No. 1 and Ms. Tanya Shree, learned 
counsel for the respondent No. 2.
RAJIV SINGH v. STATE OF 81HAR [AMITAVA ROY, J.] 
19 
15. Apt it would be to outline the rival contentions at the A 
threshold in order to facilitate a correct insight into the evidence 
on record. 
16. Referring to the provisions of the Indian Penal Code 
under which the appellant stands convicted, Mr. 8asant has 8 
persuasively argued that in the facts and circumstances of the 
case, none of the ingredients of the offences with which the 
appellant had been charged, has been proved and thus, he is 
entitled to an honourable acquittal. The learned senior counsel 
has pleaded that the prosecution having failed to establish the C 
death of Archana beyond all reasonable doubt and further that· 
it was as a consequence of demand for dowry or harassment/ 
cruelty arising therefrom .or in connection therewith, the 
essential pre-requisites of the offences under Sections 498A/ 
3048 IPC had remained unproved. While stoutly disputing D 
the identity of the dead body, recovered in the course of 
investigation to be that of Archana, learned senior counsel has 
urged that even assuming without admitting it was that of the 
wife of the appellant, in absence of any proof that it was not 
accidental but homicidal, the offence under Section 3048 IPC E 
cannot be said to have been established. According to Mr. 
8asant, even otherwise, the prosecution case as sought to be 
portrayed is inherently improbable and illogical in defianc,e of 
logic and thus ought to have been rejected outright by
the cqurts F 
below. 
17. Elaborating the arguments in the above dimensions, 
learned senior counsel adverted, in particular to the testimony 
9f PWs 5, 6 and 7 to the effect thatArchana had been seen by 
them (the co-passengers) to be hale and hearty in the train till G 
Katihar/8arauni stations much beyond Azamnagar near which 
the dead body was found. He also referred to the post-mortem 
report dated 19.8.2007 which recorded that the time lag 
between the death and the autopsy was more than six days, to H
20 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A assert that the dead body could not have been that of Archana 
as she was alive in the intervening night of 14.8.2007 and 
15.8.2007. Apart from contending that the dead body was 
identified by Akhilesh, a relation of Archana, to be not that of 
her on a thorough examination thereof, which ruled out the 
B probability that it was that of the wife of the appellant, the learned 
counsel has argued that the absence of any explanation 
whatsoever about the presence of poison in the dead body, 
did also conclusively evidence the fact that it was not that of 
Archana. The learned senior counsel referred to the 
C discrepancy in the wearing apparels of the dead body and 
that of the wife of the appellant which, according to him, 
conjointly considered along with the other factors bearing on 
the identification of the dead body, authenticated in 
D unmistakable terms that the corpse was not that of Archana. 
Mr. Basant dismissed the authenticity and the probative worth 
of the report of the DNA test on the ground that the same was 
neither conducted in an accredited laboratory as per the 
prevalent rules and procedure and also being bereft of any 
E proof of the required scientific analysis of the sample being 
undertaken and the genuineness of the conclusion arrived at 
on the basis thereof. Apart from asserting that there was lack 
of authentic evidence with regard to drawal of the blood 
samples from the parents of the Archana for
the DNA test, 
F learned senior counsel also rejected the testimony of Dr. 
Shyam Bahadur Upadhyay (PW10), the then Director In-charge 
of Forensic Science Laboratory, Patna, Bihar (for short, 
hereinafter to be referred to as "FSL") to be wanting in 
credence, amongst others, in view of his admission that he 
G was neither an expert in the domain of DNA test nor had 
received any training in that regard. Mr. Basant urged that the 
prosecution having offered to examine this witness, it would 
not be permitted to avail the benefits of Section 293 Cr.P.C. to 
accept the probative worth of the DNA report dehors the 
H testimony of PW10. According to Mr. Basant, even the parents
RAJIV SINGH v. STATE OF BIHAR [AMITAVAROY, J.] 
21 
and other relatives of Archana were not convinced that the dead 
A 
body found by the side of the railway track in the vicinity of 
Azamnagar police station was that of hers and therefore had 
filed a writ petition before the High Court of Patna in the year 
2008, which, however, stood dismissed on 8.9.2008. 
18. Learned senior counsel for the appellantfurther urged 
that in absence of any convincing evidence on record that 
immediately before the incident, Archana had been subjected 
to cruelty/harassment by the appellant for or in connection with 
B 
the demand for dowry, the charges relatable thereto are wholly C 
unfounded. He argued that though in the course of evidence, 
it transpired that a personal diary of Archana had been 
retrieved, the same for inexplicable reasons had been withheld 
by the prosecution. Apart from contending that such an 
omission raises an adverse inference against the prosecution, 
D 
the learned senior counsel also urged that the evidence with 
record to investments made in the Tata Mutual Fund by the 
brother of Archana is of no avail to the prosecution as the 
money invested had not been diverted to the appellant for his 
gainful use. Mr. Basant has argued that having regard to the E 
proved circumstances pertaining to the travel of the couple in 
the train "Capital Express' up to Katihar/Barauni Stations in 
the night between 14/8/2007 and 15/8/2007 during which the 
Archana was found
cheerful in the company of the appellant, 
F 
the prosecution version of poisoning her by him and disposing 
of her body in the dead of the night unnoticed by any of the 
passengers in the compartment is wholly impossible, 
impracticable, unrealistic and thus, ought to be rejected in 
limine. 
Without prejudice to these pleas, Mr. Basant has G 
maintained that the prosecution having utterly failed to prove 
that the wife of the appellant had died a homicidal death, his 
conviction under Sections 498A/304B/201 IPC by no means 
can be sustained in law, even assuming that the dead body 
was that of Archana. 
H
22 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A 
19. To drive home the above points, learned senior 
counsel pressed into service the following decisions of this 
Court . 
. (i) Sultan Singh vs. State ofHaryana (2014)14 SCC 664 
B (ii) Sher Singh@ Partapa vs. State of Haryana (2015) 3 
sec 724. 
20. In reply, Mr. Subramonium Prasad, learned senior 
counsel, feading the arguments on behalf of the respondents, 
C urged that the charges leveled against the appellant had been 
duly proved and thus his conviction and sentence does not 
warrant any interference. Referring to the complaint filed by 
the mother of Archana, in particular and the statements on oath 
0 
made by her parents and the brother i.e. PWs 1, 2 and 3, the 
learned senior counsel asserted that the same in totality did 
unambiguously demonstrate that soon after the marriage, 
Archana had been subjected to torture and ill-treatment for and 
in connection with the demand for dowry and that the charges . 
E qua the appellant pertaining thereto had been rightly leveled 
against him and proved at the trial. According to the learned 
senior counsel, even assuming thatArchana had been found 
travelling with the appellant in the train till Katihar/Barauni, there 
was, admittedly, no endeavour on his part to stop the train at · 
F Bakhtiarpur when for the first time, it transpired that she was 
not aboard and had gone missing. Mr. Prasad has submitted 
thatthe conduct of appellant of travelling to Patna and returning 
to
Mokomah to eventually lodge a belated FIR about the 
incident, is not only opposite to normal human behaviour and 
G reflexes, but also is a sinister index of his complicity in the 
crime. Besides underlining that the appellant had not even 
gone to see the dead body, the learned senior counsel pleaded 
that the delayed FIR by him was a strategic move to screen 
himself from the incident and divert the investigation in the 
H wrong direction. Mr Prasad was critical as well of the manner
-
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
23 
in which the prosecution was conducted contending that no A . 
sincere effort was made to elicit the truth from the material 
witnesses including the co-passengers in the train which 
indicated a foul play to shield the appellant. Mr. Prasad argued 
that the evidence of PW10 would not exclude the applicability 
of Section 293 Cr.P.C. and thus the report of the DNA test B 
(Exb. 14) establishing the identity of the dead body with 
Archana, could be acted upon independently to the said effect. 
Mr. Prasa<:l urged that the mother of Archana being 
exasperated with the inaction of the investigating agency in 
diligently probing into the incident, did file a complaint on 
C 
5.9.2007. According to him, the writ petition seeking a writ of 
habeas corpus though can be construed to be a desperate 
initiative, induced by inconsolable parentalsusceptibilities, the 
same does not in any way detract from the charges leveled D 
and proved against the appellant. The following decisions were 
cited to rest the submissions adverted to hereinabove. 
1. Mohd. lmran Khan vs. State Government (NCT of 
Delhi) (2011) 10 sec 192 
. 2. State of Gujarat vs. Anirudhsing and another ( 1997) 6 
sec 514 
3. Rajesh Kumar and another vs. State Government NCT 
E 
of Delhi (2008) 4 SCC 493 
F 
4. State of H.P. vs. Mast Ram 
(2004) 8 SCC 660 
5. Rattiram and others vs. State of Madhya Pradesh 
through Inspector of Police (2012) 4 SCC 516 
6. Rohtas Singh
& others vs. State & Another (2011) II 
AD (Delhi) 61i(High Court of Delhi) 
7. Abeed vs. State of Karnataka (2015) 1 AKR 360 (High 
G 
Court of Karnataka) 
H
24 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
. A 
21. Though the courts below have on the evidence, oral 
and documentary adduced by the parties, recorded concurrent 
convictions against the appellant, having regard to the 
contentious assertions and being the final Court of 
adjudication, we feel inclined to undertake a summary scrutiny 
18 
of the materials on record. This is more so, in view of the 
profuse reference to the evidence, by both the sides in the 
course of arguments. 
22. Subhash Chandra Prasad (PW1 ), the father of 
C Archana was at the relevant point of time, posted as Additional 
District & Sessions Judge, Gaya. He stated on oath that soon 
after the marriage, his daughter had disclosed to them that 
her in-laws were greedy by nature and did want lakhs of rupees 
in the form of dowry. The witness stated that his daughter 
0 alleged that her parents in-laws, husband and sister-in-law, 
used to compel her to do domestic works of all kinds and that 
her mother-in-law in particular, did ask her to bring Rs. 2.5 
lakhs from her father so that the construction of their house 
could be completed and that the same could be furnished with 
If: 
the necessary household articles. This witness further stated 
that her daughter's sister-in-law used to taunt her. The witness 
also stated about the demand for dowry being made by' the 
appellant and her father and the insistence of the appellant to. 
F invest in mutual funds and to make him the nominee. He also 
stated
about the purchase of units of Tata Mutual Fund by 
making the appellant as the nominee and transfer thereof to 
his joint account with Archana. The witness stated that the 
results of C.D.P.O. examination in which Archana had 
G appeared were declared on 10.8.2007 in which she was 
unsuccessful. 
He expressed surprise at the sudden 
programme of the couple to take a tour when they received a 
phone call on 10.8.2007 from Archana that they were at 
Sikkim. The witness stated that thereafter his wife could not 
Hi talk toArchana from 13.8.2007 as her cell phone was switched
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
25 
off. The witness also mentioned about the queries made by A 
the appellant with his son Ravi Shankar Prasad (PW2) on 
13.8.2007, as to whether the latter had purchased units of the 
mutual fund whereafter the couple became incommunicado 
till 15.8.200 l when, on being called, the appellant replied from 
his cell phone that Archana had gone missing. The witness B 
testified that on enquiry, the appellant stated that he was then 
at Mokamah for which he was advised to file a complaint with. 
Mokamah G.R.P.S.. The witness also admitted to have 
instructed the GRP personnel to detain the appellant by 
'Confiding in them that he had committed the murder of his C 
daughter. The witness mentioned that on 16.8.2007 when he 
met the appellant, according to him, the appellant did not wear 
any feeling of pain or anguish and that he even declined to 
proceed to Darjeeling when offered, to search for his wife. The D 
witness further stated that on being shown the photographs of 
the dead body recovered, he could not recognize as its face 
was dis-figured. He also deposed that the blood samples had 
been taken from him and his wife which after the necessary 
examination did match with the sample of the viscera and DNA E 
of the dead body. According to the witness, his daughter had 
been murdered by forcefully administering poison to her by 
the appellant in connivance with his family members out of their 
greed for money and for
re-marriage to ensure further dowry 
receipts. He proved the complaint filed by her wife Malti Devi 
F 
(PW3) as Exh. 1. He admitted as well that the complaint had 
been drafted by his advocate on their instructions. 
23. In cross-examination, this witness referred to a diary 
of Archana, which according to him, was made available during G 
the investigation by the Mokamah G. R. P.S .. The witness stated 
that he had an opportunity to see the diary which was up to 
date till the incident. He denied the suggestion that the diary 
did indicate Archana's appreciation for the parents in-laws and 
the family. The witness however referred that Archana had 
H
26 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A written in the diary "circumstances does not permit me to live 
alive". He admitted that his wife had filed a writ petition before 
the High Court of Patna for having the case investigated by 
the CBI. He also admitted thatAkhilesh Kumar Singh, who at 
the re_levant point of time was S.H.O., Kishan Ganj and a 
B relation of the family, had informed him that he could not 
recognize the dead body to be that of Archana. The witness 
expressed his ignorance as to who had taken the tissues of 
the dead body from the Katihar Hospital for DNA test. He 
admitted as well that the mutual fund investments had not been 
C transferred to the account of the appellant or got en cashed by 
him. 
24. The evidence of Ravi Shankar Prasad (PW2), the 
brother of Archana is substantially in the same lines as that of 
D his father, PW1. Apart from reiterating in general the narration 
made by his father with regard to the marriage of his sister 
with the appellant and the reported behaviour meted out to her 
in connection with dowry demands, this witness emphasized 
in particular with regard to the investments in TATA Mutual Fund 
E said to have been made on the persistent insistences of the 
appellant till the eve of the incident i.e. of 14.08.2007. In course 
of his testimony, this witness mentioned that he was at the 
relevant time posted as Territory Manager in Tata Mutual Fund, 
F Branch Patna. Referring to a joint savings account of the couple
in the State Bank of India, the witness imputed a design in the 
appellant so as to have the mutual fund investments transferred 
thereto and reap unlawful gain therefrom following the 
elimination of his wife. This witness also referred to a diary of 
G Archana said to have been recovered from her matrimonial 
house, by the Mokamah G. R. P.S. in course of the investigation, 
where she had noted "I want to live alive". He admitted to have 
requested his cousin Akhilesh Kumar Singh to identify as to 
whether the dead body found in the vicinity of Ajamnagar 
H Police Station was that of his sister and that it could not be
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
27 
done as the face thereof was distorted. He also adverted to A 
the DNA test and the result thereof to the effect that the viscera 
of the dead body had matched with blood sample of his par-ents 
to authenticate that the preserved viscera was their generic 
product. He however mentioned that on 09.09.2007 the 
appellant had intimidated him and had also threatened to kill 
B 
him unless the casewas withdrawn but admitted that he had 
not lodged any complaint with the police with regard thereto. 
In cross-examination, this witness admitted that the money 
invested in the mutual fund was intact and had not been 
withdrawn by the appellant. 
25. Malti Devi (PW3), the mother of Archana reiterated 
the version of her husband, PW1, with regard to the ill-treatment 
to which her daughter had been subjected during her stay in 
c 
the matrimonial home. She admitted to have talked to her D 
daughter on 12.08.2007 but could not on the two subsequent 
days i.e. 13.08.2007 and 14.08.2007 as her cell phones had 
been switched off. She referred to her conversation with the 
appellant on 15.08.2007 at about 11.00 am, on her call to 
him, to be told thatArchana was missing. She reaffirmed that E 
on hearing this, her husband PW1 had advised the appellant 
to lodge the information with Mokamah G.R.P.S., as he then 
was at that place. 
26. According to this witness, when they met the F 
appellant at Mokamah G.R.P.S., they found the appellant
to be 
r:iormal with no expression of any distress or anguish on his 
face. She also referred to a dead body found by the Mokamah 
G.R.P.S. in course of the investigation and admitted to have 
sentAkhilesh Kumar to identify the same. The witness stated G 
thatAkhilesh Kumar however could not identify the dead body 
whereafter post-mortem examination was conducted thereon 
on 19.08.2007. The witness also mentioned about the DNA 
test conducted by comparing the viscera and their blood 
H
28 
SUPREMECOURTREPORTS 
[2015] 12 S.C.R. 
A samples which revealed that the dead body was that of their 
daughter. She proved the complaint filed by her on 05.09.2007 
and admitted that the same had been drafted by their advocate 
. on their instructions. She denied the suggestion that she had 
not stated before the Investigating Officer about the dowry 
B demands made by the appellant and his family members and 
the ill-treatment to which Archana had been subjected. 
According to this witness, the blood samples for DNA test from 
her and from her husband were taken at Rajvanshi Hospital. 
C 
27. Krishan Tiwari (PW4), who was a passenger in the 
Capital Express on 14.08.2007 stated that he had been allotted 
seat No.43 of coach No. S-1 in which a couple had been 
travelling as well. He stated to have seen the couple together 
upto Barsoi Station and that he disembarked at Barh, his 
D destination. He testified that on being shown some 
photographs by the police, he could identify the lady to be one 
aboard the Capital Express that evening. On cross-
examination, this witness stated that the station Barsoi lies on 
the way to Katihar. He stated that he did not see the lady either 
E resentful, belligerent or weeping so long as he was present in 
the compartment. 
28. Sujit Dokania (PW5) also stated on oath to have 
been travelling by the same train from Kishanganj to Patna on 
F 14.08.2007. He affirmed that his berth No. was 44 and Coach 
No. was S-1. According to him he was
traveling with his brother 
Sumit Dokania, PW6. The witness stated that after having 
meal, they had retired for the night. According to this witness, 
he was awakened by shouts at Bakhtiarpur at about 4.00/4.30 
G a.m. whereafter he come to learn that the wife of one passenger 
had gone to the toilet but had not returned and was not 
traceable. He also confirmed, on being shown the photographs 
that the couple therein were the appellant and his wife. He 
H also identified the appellant in court. According to the witness,
RAJIV SINGH v. STATE OF BIHAR [AMIT AVA ROY, J.] 
29 
the wearing apparel of the lady was of light green colour. In A 
cross-examination, this witness affirmed that the couple were 
sitting on their berths at Katihar and that both were behaving 
normally. 
29. Sumit Dokania (PW6), reiterated the version of his B 
brother PW5 who also could recognize the couple when was 
shown their photographs and identified them to be that of the 
appellant and his wife, who were traveling along with them in 
the train on 14.08.2007. 
30. Naveen Kumar Misra (PW7) also stated on solemn 
affirmation that he was traveling on the same train on Berth 
No.35 in coach No. S-1. He stated that a couple was traveling 
on berth Nos. 33 & 36. According to this witness, he had gone 
c 
to sleep at about 7/8 p.m. and woke up in the mid-night and o 
got down at Barauni. He also confirmed that the couple in the 
photographs as shown to him, to be those traveling in the train 
that day. This witness mentioned to have seen the lady to be 
going to the toilet at about 12 o'clock in the night and had 
returned and had sat on berth No. 55. While stating that the E 
lady was sitting on Berth No.55 at the time when he got down 
at Barauni, the witness reiterated that she had been wearing 
a light green colour salwar suit. He also stated that the couple 
had been conducting themselves normally. 
F 
31. Dr. Ram Rekha Sharan (PW8) was on 19.08.2007 
posted as Medical Officer at Katihar Sadar Hospital and had
performed the post-mortem examination of the dead body. 
This witness stated with reference to the records that the 
body was almost decomposed with maggot formation. He G 
further mentioned that there was absence of hair and 
disfigurement of the face and that the right and left foot below 
the ankle joint were absent. According to him, the exact cause· 
of death could not be ascertained and thus the viscera was 
preserved for forensic tests. He also confirmed that sample' H
30 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A 
for DNA test was also preserved. In his opinion, the time lag 
between the death and the post-mortem examination was 
more than six days. He testified further that he had not found 
the external signs of Sulphas in the dead body. 
B 
32. Alakh Deo Sharma (PW9), who was posted as ASI 
at Azam Nagar Police Station on 18.08.2007 deposed, that 
one Jyotish Chandra Sharma had at 1.00 P.M. on that day, 
informed that a dead body of a female was lying in a bush, 
about 250 yards east of the southern railway line and near his 
C village Daulatabad. The witness stated that, on receiving this 
information, the police arrived at the site and recovered the 
dead body which was by then infested with insects. He 
deposed that the dead body was thereafter sent to the Katihar 
Sadar Hospital for post-mortem. He mentioned in categorical 
D terms, that the place where the dead body was found in the 
bush was at a distance from the eastern railway line nearly 2 
KM from village Daulatabad and 2 KM from Azam Nagar 
Railway Station under P.S. Azam Nagar. According to this 
witness, no blood mark was found at that place and that the 
E dead body was lying prostrate. This witness however 
mentioned that the dead body had on it clothes of white and 
pink colour. In cross-examination, the witness stated about 
the visit of Akhilesh Kumar, cousin of Ravi Shankar (PW2), the 
F brother of Archana at Katihar Station for identifying the dead 
body and that
on closely examining it, he had opined that it 
was not that of Archana. The witness, referring to his case 
diary also testified that the clothes found there on, when shown 
to the family members of Archana, they confirmed that the same 
G were not hers. The witness stated as well that nobody had come 
to claim the dead body. 
33. Sh yam Bihari Upadhyay (PW10), who on 05.06.2008 
·was the Director In-charge, Forensic Science Laboratory, 
H Bihar, Patna, has proven the DNA report, Exb. 8. He deposed
RAJIV SINGH v. STATE OF BIHAR [AMITAVAROY, J.] 
31 
that the samples of the viscera of the dead body and the blood A 
collected from the parents of the Archana were received in 
connection with Gandhi Maidan P.S. Case No. 308 of 2007 
by his office on 05. 06.2008. He testified that the three samples 
were analyzed and the test revealed that the viscera tissue 
were the generic product of the DNA profile of the blood 
B 
samples of the parents of Archana. The witness stated that 
the report was prepared by one Sanjay Kumar, computer staff 
on his instruction and had been signed by one Shiv Kumar, 
technician of FSL and also counter signed by him. He. 
explained that due to lack of infrastructure in the FSL, Patna, C 
outsourcing of the sample for analysis was a usual process. 
He deposed that the technician Shiv Kumar had been trained 
at Lab India, Gurgaon, by the Directorate of Forensic Science, 
Ministry of Home Affairs, Government of India, and that the D 
data collected from the tests conducted was bought back to 
the FSL, Patna, whereafter the report was issued after due 
analysis by him and Shiv Kumar. PW10 also proved exhibit 
15, the FSL report to the effect that the viscera of the dead 
body also contained poisonous contents like aluminum E 
phosphate and LARAZEPAM, commonly known asACTIVAN. 
34. In cross-examination, this witness conceded that he 
was not an expert in DNA discipline and that he had not 
received any training in that field. While affirming that the
F 
samples of viscera and of the blood of the parents of Archana 
had been received from Katihar Sadar Hospital, Patna, he 
admitted as well that the same were not accompanied by any 
authentication card for DNA test. He admitted that as per the 
processual norms, such an authentication card was required G 
to be sent along with samples, which ensured the sanctity 
thereof. That an authentication card also used to carry the 
photograph of the person giving the samples for DNA testing 
was admitted. He also stated that as per the procedure to be 
followed, the LT.I. of the person giving the sample for DNA H
32 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A test is to be taken in presence of an independent witness and 
is to be countersigned by the doctor drawing the samples. The 
witness disclosed that due to lack of facilities in the FSL, 
Patna, the DNA test had to be carried out elsewhere. He 
admitted that there was a direction of the Additional Director, 
B CID that the samples should be sent only to the government 
laboratory in case there was no infrastructure to conduct the 
analysis in the FSL. According to him, he opted to prefer a 
private laboratory, Lab India, Gurgaon, forthe DNA test as his 
staff was trained thereat. The witness also admitted that he 
C was not an expert in serology and that his evidence was not in 
that capacity but as the Director of the FSL. He disclosed that 
Shiv Kumar, who had been sent to the Lab India to be 
associated with the analysis for the DNA test, had received 
D training in the said laboratory from 16 to 181h July, 2008, i.e. for 
two days. He also stated that Shiv Kumar had conducted the 
test with the help of the technician of the Laboratory, Lab India, 
Gurgaon, and that he was also accompanied in the process 
by one Santosh Kumar, a technician of the FSL, Patna. He 
E admitted that the DNA was not conducted in his presence. 
He conceded that he was not an expert in Toxicology and was 
thus not in a position to state anything relating to that field of 
science. 
F 
35. Kalpana Kumari (PW11), the Investigating Officer, 
narrated
the steps taken by her in the course of investigation 
and stated that she submitted a charge-sheet against the 
appellant under Section 498-A/34 IPC and had continued with 
the process thereafter. She stated about the collection of the 
G sample of the viscera of the dead body and also that she had 
applied for obtaining the blood specimens of the parents of 
Archana by filling an application before the CJM, Patna. 
According to her, on the permission so granted by the court on 
30.05.2008, she accompanied the parents of Archana to the 
H Rajvanshi Hospital, where their blood samples were collected
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
33 
by Dr. Ashok Kumar and Dr. Ajit Kumar. She stated that A 
thereafter, she made an application to the Director, FSL, Patna 
for DNA test and subsequent thereto forwarded the sample of 
the viscera and of the blood drawn from the parents of Archana. 
According to her, on receipt of the report of the DNA test and 
on completion of the investigation, she submitted charge-sheet B 
under Sections 3048 and 201 IPC as well against the 
appellant. 
36. In cross examination, this witness with reference to 
the case diary, stated that the complainant, Malti Devi (PW3) C 
and her husband PW1 had been in continuous touch with the 
investigation carried out in Mokamah G.R.P.S. case. She 
stated that there was no allegation of demand of dowry from 
Archana or her parents or that the appellant had ever harassed 
her for dowry. She stated by referring to the case diary that D 
the complainant PW3 had not expressed anything about the 
appellant as to any demand for dowry or any cruel treatment to 
Archana. She also made a mention of a diary of Archana 
produced by Mokamah G.R.P.S. and stated that though she 
had demanded the same, it was not made available to her. 
E 
The witness also confirmed with reference to the case diary 
that PW1, the father of Archana had not made any allegation 
against the appellant with regard to demand of dowry or cruelty 
to her. The witness also stated that PW1 had not made any F 
statement that the appellant
had asked him to purchase units 
of Mutual Fund amounting to Rs. 5,00,000/-. That he also did 
not make any statement that the appellant had opened any 
joint account in the name of Archana and himself in the State 
Bank of India Branch at Exhibition Road, Patna on 21.07.2007 G 
was made as well. The Investigating Officer also deposed that 
on enquiries being made by her in the _neighborhood of the 
place of the incident as well as from the tenants of the house 
of the appellant nobody did complain of any harassment meted 
out to Archana by the appellant and his family. She also failed 
H
34 
SUPREME COURT REPORTS 
[2015112 S.C.R. 
A to recollect as to whether she had put her signatures on the 
envelope carrying the samples, as a witness. She however 
candidly admitted that she had not recorded in the case diary 
that she had put her signatures on the envelope containing the 
blood samples. She also stated that the envelope carrying 
B the blood samples was sent by her directly to the FSL and not 
through the court. The Investigating officer though mentioned 
that she along with the parents of Archana had been to 
Rajvanshani Nagar Hospital, Patna on 4.6.2008 and thatAshok 
Kumar and Ajit Kumar had collected their (parents of Archana) 
C blood samples in a sealed cover, she admitted to have omitted 
to mention in the case diary that the samples were taken in 
her presence by the doctor. 
37. Shambu Prasad Tiwari (PW12), Assistant Sub 
D Inspector of Police, Mokamah G.R.P.S. produced the articles 
sealed in connection Mokamah G.R.P.S. Case No. 26 of 2007 
which included a pair of brown coloured sleepers and ladies 
purse containing Rs. 134 in cash together with a face cream, 
comb, bindi, mirror and a hair band. 
E 
38. In his statement under Section 313 Cr.P.C., the 
appellant categorically denied the veracity of the evidence with 
regard to alleged pressurization of Archana to bring Rs. 2.5 
lakhs from her parents for the construction of their house and 
F the ill-treatment meted out to her collectively by him and his 
parents and relatives. He also denied
the imputation to have 
taken Archana to Darjeeling without the permission of her 
parents. He also denied the accusation that he had planned 
the tour with an ulterior motive and that to secure the same, he 
G had got purchased units of mutual fund by the brother of Archana 
to be eventually appropriated by him. He denied as well the 
evidence, that he had opened a joint account with Archana to 
facilitate the deposit of the investments in mutual funds and 
H had pressurized her parents for making deposits with regard
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
35 
thereto. In specific terms, he particularly denied the allegation A 
that on their way back from the tour on 14.8.2007 by Capital 
Express, he had committed murder of Archana and had thrown 
her dead body on the railway tracks near Daulatabad which 
fell within the limits of Azamnagar Police Station. He also stoutly 
refuted the imputation that he had made Archana to consume B 
poisonous substance on the way from New Jalpaiguri by the 
Capital Express so as to facilitate her murder. He however 
admitted to have lodged a complaint with the Mokamah 
G.R.P.S. which was registered as Mokamah G.R.P.S. Case 
No. 26 of 2007 which he asserted to contain the true version C 
of the episode. He expressed ignorance about the DNA test 
report and denied the allegation of conspiracy with his parents 
and other relations to murder Archana for greed of money. To 
the charge that he had not gone to identify the dead body, he D 
stated that he had been prevented from doing so being 
detained by the Mokamah Police. He alleged that his father-
in-law, who was at the relevant time, posted as Additional 
District Judge had misused his office and had in connivance 
with the railway police got a wrong report submitted against E 
him under Sections 182/211 of IPC. 
39. The evidence of the defence witnesses Shiv Kumar 
(DW1 }, Suman Sinha (DW3) is in essence to the effect that 
the couple had been living a happy married life in the marital 
F
home. Nazir Hussain (DW2), who was at the time of his 
deposition, Service Manager in the State Bank of India, branch 
at Exhibition Road, Patna stated against any deposit in the 
joint.account of the appellant and Archana from Tata Mutual 
Fund. Kundan Kumar Singh (DW4), who at the relevant point G 
of time, was posted as SHO, Mokamah G.R.PS., testified with 
reference to his case diary that the appellant on 15.8.2007 
had lodged a written report at 11.40A.M. on the basis of which 
Mokamah G.R.P.S. case No. 26 of 2007 under Section 365 
IPC was registered . He stated that in course of investigation 
H
36 
SUPREME COURT REPORTS 
(2015] 12 S.C.R. 
A that followed he recorded the statements of PWs 1,2 & 3 on 
16.8.2007 in course whereof Ravi Shankar Parsad (PW2), 
the brother of Archana had disclosed that there was no 
dissension between the parties. He also mentioned that 
Subhash Chander Prasad (PW1 ), father of the Archana had 
B stated that he did not doubt his son-in-law, the appellant. The 
witness also deposed that the father of Archana did not give 
any statement to the effect that appellant used to harass his 
daughter and used to demand dowry. While affirming from 
his case diary, that PWs 5,6 and 7 were indeed amongst the 
C passengers who were traveling in the Capital express on 
14.8.2007, he also mentioned that the TTE of the coach S-1 
Hari Shankar Prasad had stated thatArchana was wearing a 
green coloured dress. He also mentioned that Naveen Kumar 
0 Mishra (PW?) also reaffirmed that Archana was wearing a 
green coloured dress. He with reference to the case diary 
confirmed the version of Akhilesh Kumar that the dead body 
of the female was not that of Archana. 
40. Bajrang Singh (DW5) was on 15.8.2007 posted as 
E ASI at Mokamah G.R.P.S. and was ordered, as a part of 
investigation to visit, New Jalpaiguri, Gangtok, and Darjeeling 
to enquire about the missing female. He stated that 
photographs of the couple had been given to him for the 
, F purposes of the enquiry and that on the investigation being 
made, the proprietors/managers of the concerned travel
agencies and hotels at these places confirmed that the couple 
had availed their services/facilities between 11.8.2007 and 
14.8.2007. 
This witness stated to have recorded the 
G statements of Hari Shankar Prashad, TTE of coach S-1 of 
Capital Express on 14.8.2007 who recognized the couple from 
the photograph arid affirmed that he had seen both of them 
travelling up to Katihar. He proved his case diary as Exh. 24. 
H 
41. Having regard to the overall factual conspectus the
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
37 
searching queries warranted for the judicial scrutiny in the A 
attendant facts and circumstances can be listed as hereunder: 
1. 
Whether Archana had died out of burns or bodily 
injuries or whether her death had occurred 
otherwise than in normal circumstances? 
B 
2. 
If such death is proved, whether it could be 
accidental and neither suicidal nor homicidal? 
3. 
Whether soon before her death, she had been 
subjected to cruelty and harassment by the C 
appell~nt and any of his relatives for or in connection 
with demand for dowry? 
42. Undisputedly, the marriage of the couple had been 
solemnized on 29.4.2007 and thus the unfortunate incident D 
had occurred within seven years therefrom. They had been 
returning from their honeymoon trip when the catastrophe 
intervened. That in the fateful evening of 14.8.2007 they were 
travelling by Capital Express which they had boarded at New 
Jalpaiguri and were heading for their nuptial home at Patna is 
E 
not in dispute. The train schedule of Capital Express which 
they had availed, is a part of the record. The authenticity of 
the train schedule of Capital Express has not been 
controverted. As has been adverted to hereinabove, the 
F 
prosecution witnesses PWs 5, 6 and 7, who were also travelling 
in the same compartment, had seen the couple together up to 
Katihar/Barauni. Kishan Tiwari (PW4), who was also a 
. passenger, had seen her till Baraunijunction. The dead body 
of
female, sought to be identified to be that of Archana by the G 
prosecution was recovered by the railway track in a bush near 
Azamnagar Police Station. 
43. A cursory glance of the train schedule would disclose 
that the distance between Azamnagar junction and Katihar H
38 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A junction is about43 K.M.s and the timetaken to cover the same 
is 1 hour 49 minutes. In between Katihar junction and Barauni 
junction, there are 12 stations. Between Baraunijunction and 
Bakhtiarpur junction, there are amongst others, Mokamah 
junction and Barh. The train schedule further evinces that the 
B distance between Bakhtiarpur junction and Patna junction is 
45 k.m. which the train is to cover in 1 hour 23 minutes. 
44. If the testimony of PWs 5, 6 and 7 in particular is to 
be believed, Archana was with her husband, the appellant, in 
C the train till Barauni junction which is several stations away 
from Azamnagar Station and distanced by a journey of 
approximately 6 & 1 /2 hours. Axiomatically therefore, from the 
consistent evidence of these witnesses, who have not been 
declared hostile by the prosecution, it is very unlikely that the 
D dead body recovered near Azamnagar station could have 
been, to start with, that of Archana. 
45. Noticeably, neither the parents of Archana nor any of 
her family members had claimed that the dead body is of hers. 
E Significantly as well, the letter dated 14.9.2008 addressed by 
Akhilesh Kumar Singh, to the Station House Officer, Mokamah 
G.R.P.S., divulges in clear terms that on repeated survey of 
the dead body, he had in clear terms opined that it was not of 
Archana and had cited as many as nine reasons in support of 
F his unqualified conclusion to that effect. These
having been 
once extracted hereinabove, for the sake of brevity the 
repetition thereof is avoided. Suffice it to mention, the reasons 
cited touch upon the physical features as well as the wearing 
clothes of the dead body in support of the said deduction. It is 
G worthwhile to notice that Akhilesh Kumar had not been 
examined by the prosecution for reasons best known to it. 
46. The finding recorded in the post-mortem report as to 
the probable time of death also compounds the mounting 
H difficulties of the prosecution. Apart from being silent about
RAJIV SINGH v. STATE OF BIHAR [AMITAVAROY, J.] 
39 
the cause of death of the female whose dead body was A 
subjected to autopsy, it is mentioned in no uncertain terms 
that time lag between the death and the post-mortem 
examination was more than six days. Arithmetically, thus death 
had occurred to the female concerned prior to 13.8.2007 which 
argumentatively as well suggests to rule out the possibility that B 
it was that of Archana as she was alive and travelling in Capital 
Express in the intervening night of 14.8.2007 and 15.8.2007 
much past the Azamnagar Station. Dr. Ram Rekha Suma 
PW8), who had conducted the post-mortem, has also affirmed 
in his testimony, the margin of time between the death and the C 
post-mortem examination of the dead body to the above effect. 
47. Apart from the above, there is inconsistency in the 
description of the wearing apparels of Archana and that of the. 
dead body. Whereas PWs 5,6 and 7 have in unison deposed D 
that she had been wearing a green coloured salwar suit, the 
inquest report on the dead body disclosed that a white and 
pink salwar sameej was found on the dead body. Whereas 
the prosecution had made an endeavour to prove that the 
wearing clothes of the dead body were that of Archa11a, her E 
family members on being shown the same, had in categorical 
terms denied that those were hers as is evident from the 
testimony of Alakh Dev Sharma (PW9), SI, Azamnagar Police 
Station. 
48. It is a matter of record that the report
of the FSL did 
disclose that the viscera of the dead body did contain highly 
poisonous substance as mentioned therein. Having regard to 
F 
the fact thatArchana, in the company of the appellant, while 
travelling throughout the evening and as seen by the G 
prosecution witnesses PWs 5,6 and 7 was overall in a normal 
state, neither restive nor irritating, pungent or sick, it was the 
burden of the prosecution to establish as to how and when· 
she was administered poison, in order to substantiate that the 
H
40 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A dead body recovered was of hers. There is no semblance of 
either an endeavour or any evidence in this regard. 
49. The above notwithstanding the sheet anchor of the 
prosecution case is the report of the DNA test to the effect that 
B the sample of the tissue of the viscera of the dead body was 
the generic product of the parents of Archana. The relevant 
extract of the report Exh .14 is extracted hereinabelow. 
c 
"From the above analysis, it is concluded that D.N.A. 
profile to the exhibit marked 'A" is generic produced of 
O.N.A. profile of exhibits marked 'B' and '81 '." 
50. This report has been sought to be proved through 
Dr. Shyam Bahadur Upadhyay (PW10), who on the date of 
the receipt of the sample was the Director In-charge, FSL, 
D Patna. Significantly, though in terms of Section 293 Cr.P.C. 
the report being one from the government scientific expert, 
the same could have been per se used as evidence in the trial 
by the trial court in its discretion, the prosecution had voluntarily 
offered this witness to prove the same. A bare perusal of the 
E contents of the report as a whole, however, does not disclose 
any scientific data on which the above conclusion had been 
arrived at. It is also patent from the testimony of PW10 that 
the samples were not analyzed at the laboratory of FSL, Patna 
F but had been forwarded to a private laboratory i.e. Lab India. 
It has been admitted by the witness, that he has no
expertise 
in the discipline of DNA test/serology and he himself was not 
present when the analysis was conducted. He admitted to have 
sent a technician named Shiv Kumar, who had taken two days 
G training in the same laboratory, to undertake the exercise. The 
prosecution has omitted to examine Shiv Kumar to establish 
clearly the process that was pursued to conduct the analysis. 
The evidence with regard to collection of blood samples of 
the parents of Archana is shaky and unconvincing as well. The 
H samples, as the PW11 Investigating Officer has admitted, have
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
41 
been forwarded by her directly without routing the same through A 
the court. The witness(PW10) has admitted as well, that in 
case facilities for such analysis are not available with the FSL, 
Patna, as per the prevalent official terms, the same should be 
got tested in another government laboratory. 
51. The evidence of this witness thus does not provide 
the details of the tests undertaken in support of the conclusion 
as recorded in the report. The samples were not accompanied 
B 
by the authentication card for DNA test as was necessary. 
This assumes significance as the authentication card has to C 
have the photograph of the person(s) offering the samples for 
DNA test. This witness conceded that he was not deposing 
as an expert of DNA but in the capacity of Director, FSL alone. 
The DNA test report and the evidence of PW10, in view of the 
shortcomings and deficiencies noticed hereinabove, thus fail D 
to inspire the confidence of this Court to accept the same as 
the basis to hold that the dead body was that of Archana. 
52. The above factors, if taken cumulatively, we are 
constrained to hold that the prosecution has failed to prove E 
beyond reasonable doubt that the dead body retrieved from 
.the bush near the railway tracks in the vicinity of Azamanagar 
Police Station was that of Archana. 
53. The authorities cited on behalf of the respondents F 
with regard to the applicability of Sections 293 Cr.P.C. in
support of the probative worth of the DNA test report sans the 
evidence of PW10 are distinguishable on the facts and are 
thus of no avail to them. The prosecution having examined 
PW10, it not only suggests that it was unsure of the DNA test G 
report by itself, further it having taken that initiative, it cannot 
be permitted to forsake the testimony of this witness and fall 
back only on the report in support of its case. As it is the DNA 
test report being bereft of the particulars of the tests conducted 
and the results thereof permitting the conclusion arrived at, is H
42 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A not a self contained one and ipso facto also does not meet 
the requirements of an expert opinion to decisively conclude 
that the dead body was that of Archana. It would thus be wholly 
unsafe to rely on this document to conclude that the dead body 
was that of Archana. Consequently, on the basis of the 
B investigation and the materials produced, the prosecution has 
failed to prove the factum of death of Archana. 
54. Before parting with this issue, it would be relevant to 
record as well that Malti Devi (PW3) the mother of Archana 
C had also filed a writ petition seeking a writ of habeas corpus 
in the year 2008 before the High Court at Patna which on 
8.9.2008, having regard to the ongoing investigation in the 
Gandhi Maidan P.S. Case No. 208 of2007, was dismissed. 
This move on the part of the PW3 though understandably was 
D a desperate bid to locate her missing daughter, is equally 
suggestive of the fact that she along with her family was not 
fully convinced that the dead body was that of hers. 
55. Be that as it may, to complete the adjudicative 
E pursuit, it would next be relevant to assay the aspect of cruelty 
or harassment to Archana by the appellant or his family 
members for or in connection with any demand for dowry soon. 
before the incident of her mysterious disappearance. A plain 
perusal of the testimony of the investigating officers involved, 
F indicates that prior to the complaint dated 5.9.2007, no
allegation of cruelty or harassment for or in connection with 
dowry demand had been made against the appellant or his 
family members. The testimonies of Kalpana Kumari (PW11) 
and Kundan Kumar Singh(DW4) in particular are in ample 
G support of this determination. Even the contents of the 
complaint dated 5.9.2007 do not unassailably establish cruelty 
or harassment for or in connection with dowry demand as 
contemplated by Sections 498A and 304B IPC when 
H juxtaposed with the testimony of the PW11 and DW4. Both
RAJIV SINGH v. STATE OF BIHAR [AMITAVAROY, J.] 
43 
the father and the brother of Archana in their depositions. have A 
admitted as well that the money invested in the mutual funds 
had neither been withdrawn by the appellant nor had been 
diverted for his use or appropriation. Queerly, a diary said to 
have been written by Archana had been seized by the police 
in the course of investigation by Mokamah G.R.P.S. and was B 
claimed to have been seen by PW1 as well. This diary has not 
been produced at the trial and as complained by the Kalpana 
Kumari (PW11 ), lhvestigation Officer, it had not been handed 
over to her as well even when sought for. In this premise, the 
improvement in the versions of Subhash Chandra Prasad C 
(PW1 ), Ravi Shankar Prasad (PW2) and Malti Devi (PW3) 
with regard to demand for dowry and ill-treatment do not 
commend for acceptance. 
All these, in a way fade into 
insignificance as well in the face of failure of the prosecution 0 
to prove the death of Archana. 
56. Having regard to the contents of the complaint dated 
5.9.2007, there have been visible improvements with regard 
thereto at the trial which make these imputations untrustworthy 
on this ground also. Though the conduct of the appellant in not E 
informing the parents of Archana in time about the episode 
and in lodging the complaint at Mokamah G.R.P.S. belatedly 
has been severely condemned and viewed to be a part of the 
plot to cover up his misdeeds in collaboration with his family F
members, we are constrained to conclude that in absence of 
any overwhelming evidence in support of such p~rception, such 
an indictment cannot be entertained. Besides the fact that 
individuals react differently at varying situations, it was not 
unlikely that the appellant having found Archana missing from G 
her berth while the train was nearing Bakhtiarpur, in the early 
morning, he had made frantic searches for her in the train and.· 
in the process, had reached Patna junction. His version that 
he being in a bewildered and anxious state of mind had been 
directed at Patna to lodge the FIR at Mokamah G.R.P.S. and H
44 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A that fie eventually did file his complaint, cannot per se be 
brushed aside to be a contrivance on his part to delay or 
misdirect the investigation in the matter. Incidentally, the mother 
of Archana had talked to him over cell phone while he was at 
Mokarnah and on the instructions of Subhash Chandra Prasad 
8 
(PW1), the complaint was lodged at Mokamah G.R.P.S .. The 
statement of Ravi Shankar Prasad (PW2) that he had been 
threatened by the appellant to withdraw the case also does 
not merit acceptance as he had admitted that he neither 
informed about this intimidation to the police nor did he take 
C follow up steps in connection therewith. 
57. Even assuming that the suggested case of the 
prosecution is that the appellant had administered poison to 
Archana after the train had reached Katihar junction and that 
D thereafter he had disposed of her moribund body out of the 
running train, it is very unlikely that these activities would have 
gone unnoticed by any of the passengers in the packed 
compartment of a sleeper coach. This is also in view of the 
short duration runs of the train through the intervening stations 
E with intervals of an average of 15 minutes in between, in course 
whereof it might have stopped to enable the passengers to 
alight and disembark. In all, in our comprehension, such a 
proposition is wholly incredible and in defiance of logic. 
F 
58. In the facts of the present case, the presumption 
G
engrafted under Sections 3048 IPC and 1138 of the Indian 
Evidence Act is not available to the prosecution as the essential 
foundational facts to trigger such presumption havf:! remained 
unproved. The prosecution has failed to establish beyond 
reasonable doubt the death of Archana. To reiterate, the 
evidence as a whole bearing on dowry demand and 
harassment or ill-treatment in connection therewith, is also not 
convincing. 
H 
59. On a cumulative scrutiny of the evidence on record,
RAJIV SINGH v. STATE OF BIHAR [AMITAVAROY, J.] 
45 
we are thus constrained to hold that in the facts and A 
circumstances of the case, the prosecution has failed to prove 
the charge under Sections 304_B/498N201 IPC against the 
appellant. The courts below, in our estimate, have failed to 
examine and evaluate the evidence on record in the right 
perspective both factual and legal and thus have grossly erred 
B 
in returning a finding of guilt against him on the above charges. 
60. It is well entrenched principle of criminal jurisprudence 
that a charge can be said to be proved only when there is 
certain and explicit evidence to warrant legal conviction and C 
that no person can be held guilty on pure moral conviction. 
Howsoever grave the alleged offence may be, otherwise 
stirring the conscience of any court, suspicion alone cannot 
take the place of legal proof. The well established cannon of 
criminal justice is "fouler the crime higher the proof". In 
D 
unmistakable terms, it is the mandate of law that the 
prosecution in order to succeed in a criminal trial, has to 
prove the charge(s) beyond all reasonable doubt. 
61. The above enunciations resonated umpteen times E 
to be reiterated in Raj Kumar Singh @ Raju @ Batya vs. 
State of Rajasthan (2013) 5 sec 722 as succinctly 
summarized in paragraph 21 as hereunder: 
"21. Suspicion, however grave it may be, cannot take 
F 
the place of proof; and there is a large difference between 
something that "may be" proved and
"will be proved". In 
a criminal trial. suspicion no matter how strong, cannot 
and must not be permitted to take place of proof. This is 
for the reason that the mental distance between "may G 
be" and "must be" is q.uite large and divides vague 
conjectures from sure conclusions. In a criminal case, 
the court has a duty to ensure that mere conjectures or 
suspicion do not take the place of legal proof. The large 
distance between "may be" true and "must be" true," must H
46 
A 
B 
c 
D 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
be covered by way of clear, cogent and unimpeachable 
evidence produced by the prosecution, before an 
accused is condemned as a convict, and the basic and 
golden rule must be applied. In such cases, while keeping 
in mind the distance between "may be" true and "must 
be" true, the court must maintain the vital distance 
between conjectures and sure conclusions to be arrived 
at, on the touchstone of dispassionate judicial scrutiny 
based upon a complete and comprehensive 
appreciation of all features of the case, as well as the 
quality and credibility of the evidence brought on record. 
The court must ensure that miscarriage of justice is 
avoided and if the facts and circumstances of a case so 
demand, then the benefit of doubt must be given to the 
accused, keeping in mind that a reasonable doubt is not 
an imaginary, trivial or a merely probable doubt. but a 
fair doubt that is based upon reason and common sense." 
[Emphasis laid by the Court] 
E 
62. In supplementation, it was held in affirmation of the 
view taken in Kali Ram VS. State of H.P. (1973) 2 sec 808 
that if two views are possible on the evidence adduced in the 
case, one pointing to the guilt of the accused and the other to 
his innocence, the view which is favourable to the accused 
F l'!hould be adopted. 
63. In terms of this judgment, suspicion, howsoever 
grave cannot take the place of proof and the prosecution case 
to succeed has to be in the
category of "must be" and not "may 
G be", a distance to be covered by way of clear, cogent and 
unimpeachable evidence to rule out any possibility of wrongful 
cpnviction of the accused and resultant mis-carriage of justice. 
For this, the Court has to essentially undertake an exhaustive 
and analytical appraisal of the evidence on record and register 
H findings as warranted by the same. The above proposition is
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
47 
so well-established that it does not call for multiple citations to A 
further consolidate the same. 
64. Whereas in Sultan Singh (supra), this Court had 
propounded that a presumption under Section 113-B of the 
Evidence Act is attracted only in case of suicidal or homicidal 
B 
death and not in the case of an accidental death, it was 
proclaimed in Sher Singh (supra) that the harassment and 
cruelty by the husband has to have a perceptible connection 
with the dowry demand for his prosecution and punishment 
under Section 3048 IPC. 
C 
65. In his treatise, "The Law of Evidence", Professor 
Ian Dennis while dwelling on the theme of allocation of burden 
in criminal cases, elaborated on the significance and purport 
of presumption of innocence and the general rule of the burden o 
of proof. While reiterating the fundamental notion of criminal 
jurisprudence, that a person is presumed to be innocent until 
proven guilty and that the burden of prbof in a criminal case is 
on the prosecution to establish the guilt of accused beyond 
reasonable doubt, the author unde~lined that the acknowledged 
E 
justification of such presumption is that the outcome of a wrong 
conviction is regarded as a significantly worse harm than 
wrongful aequittal. 
66. Viewed from the moral and political perspectives, it F 
has been observed that in liberal states, the rule about the 
burden of proof has been elevated to the status of fundamental
human right encompassing the assurance of liperty, dignity 
and privacy of the individual and from this standpoint it is 
essential that the state should justify fully its invasion of the G 
i[ldividual's interest by proving that he had committed an 
offence, thereby abusing the freedom of action accorded to 
him or her by the liberal state. The significance of such 
presumption finds insightful expression in the following extract 
H
48 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A of State Vs. Coetzee [1997] 2 L.R.C.593, South African 
Constitutional Court in the words of Sachs,J.: 
B 
c 
"There is a paradox at the heart of all criminal procedure 
in that the more serious the crime and the greater the 
public interest in securing convictions of the guilty, the 
more important do constitutional protections of the 
accused become. The starting point of any balancing 
enquiry where constitutional rights are concerned must 
be that the public interest in ensuring that innocent people 
are not convicted and subjected to ignominy and heavy 
sentences massively outweighs the public interest in 
ensuring that a particular criminal is brought to book .... 
Hence the presumption-of innocence, which serves not 
only to protect a particular individual on trial, but to 
D 
maintain public confidence in the enduring integrity and 
security of the legal system. Reference to the prevalence 
and severity of a certain crime therefore does not add 
anything new or s~cial to the balancing exercise. The 
perniciousness of the offence· is one of the givens, 
E 
against which the presumption of innocence is pitted 
from the beginning, not a new element to be put into the 
scales as part of a justificatory balancing exercise. If 
this were not so, the ubiquity and ugliness argument could 
F 
G 
be used in relation to murder, rape, car-jacking, 
housebreaking.drug-smuggling, corruption ... the list is 
unfortunately almost
endless, and nothing would be left 
of the presumption of innocence, save, perhaps, for its 
relic status as a doughty defender of rights in the most 
trivial of cases." 
The quintessence of the philosophy embedded in the above 
¢xtract is that the presumption of innocence serves not only to 
protect a particular individual on trial but to maintain public 
confidence in the enduring integrity and security of the legal 
H system.
RAJIV SINGH v. STATE OF BIHAR [AMITAVA ROY, J.] 
49 
67. The evidence adduced by the prosecution dominantly A 
is circumstantial in nature with no direct proof of the 
perpetration of the alleged offence by the appellant. It is a trite 
proposition, judicially evolved, that circumstantial evidence if 
is to form the basis of conviction must be such so as to rule out 
every possible hypothesis of innocence of the accused and 
B 
must without any element of doubt unerringly point to such 
culpability. This enunciation has stood the test of time over 
the years and the five golden principles propounded by this 
Court in Sharad Birdhichand Sarda vs. State of 
Maharashtra (1984) 4 SCC 116 (paragraph 153) which still C 
authoritatively govern the process of appreciation of the 
circumstantial evidence and constitute the acid test to 
determine the guilt or innocence of an accused person, are 
quoted hereunder: 
"153. A close analysis of this decision would show that 
the following conditions must be fulfilled before a case 
against an accused can be said to be fully established: 
D 
( 1) the circumstances from which the conclusion of guilt 
is to be drawn should be fully established. 
E 
It may be noted here that this Court indicated that the 
circumstances concerned "must or should" and not "may 
be" established. There is not only a grammatical but a 
legal distinction between "may be proved" and "must be 
F 
or should be proved" as was held by this Court in Shivaji 
Sahabrao
Bobade v. State of Maharashtra where the 
following observations were made: (SCC p. 807, para 
1 
19) 
"19 . ... -Certainly, it is a primary principle that the G 
accused must be and not merely may be guilty before 
a court can convict and the mental distance between 
'may be' and 'must be' is long and divides vague 
conjectures from sure conclusions." · 
~J. 
(emphasis in original) 
H
50. 
A 
B 
c 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
(2) the facts so established should be consistent only 
with the hypothesis of the guilt of the accused, that is 
to say, they should not be explainable on any other 
hypothesis except that the accused is guilty, 
(3) the circumstances should be of a conclusive nature 
and tendency, 
( 4) they should exclude every possible hypothesis 
except the one to be proved, and 
( 5) there must be a chain of evidence so complete as 
not to leave any reasonable ground for the conclusion 
consistent with the innocence of1he accused and must 
show that in all human probability the act must have 
been done by the accused." 
0 
The theory of "last seen together" as an incriminating 
facior qua the appellant is, thus of no avail to the prosecution 
having regard to the state of evidence on record. 
68. The following extract from paragraph 1504 of Corpus 
Juris Secundum, Volume 23, in our comprehension 
E synopsises the pronounced judicial opinion with regard to the 
quality of circumstantial evidence to decisively prove and 
establish the guilt of an accused person in a criminal case. 
"While in order to sustain a conviction on circumstantial 
F 
evidence, all of the circumstances proved must be 
consistent with guilt1, circumstantial evidence will not 
support a conviction if it is merely consistent with guilt2 
or creates merely a suspicion of guilt3. If the 
circumstantial facts proved can be reconciled either with 
G 
the theory of
innocence or with the theory of guilt. the 
1 FlacGarcia v. State, 899 So. 2d 447 (Fla. Dist. Ct. App. 4th Dist. 2005) 
Tenn - State vs. Toomes, 191S.W.3d122 
Va-Tooke v. Com. 47 Va. App. 759, 627 S.E.2d 533 (2006) 
<i N.Y.-People vs. Squillante, 18 Misc. 2d 561, 185 N.Y.S.2d 357 (Sup 1959). 
H 
3 Va.-Littlejohn v. Com., 24 Va. App. 401, 482 S.E.2d 853 (1997)
RAJIV SINGH v. STATE OF BIHAR [AMITAVAROY, J.] 
51 
theory of innocence must be adopted and any conviction A 
must be reversed 4, even though the theory of guilt is the 
more probable5. 
In other words, in circumstantial 
evidence cases, if the evidence viewed in the light most 
favorable to the prosecution gives equal or nearly equal 
circumstantial support to a theory of guilt and a theory of B 
innocence of the crime charged. then a reasonable jury 
must necessarily entertain a reasonable doubt6. 
69. In the wake of the determination made hereinabove, 
we are of the unhesitant opinion, that it would be wholly c 
unjustified to uphold the conviction of the appellant for the 
offences charged on the basis of the evidence, oral and 
documentary adduced by the prosecution. We are thus 
inclined to exonerate him of the charges. The appeal thus 
succeeds. The conviction and sentence of the appellant is D 
set-aside and he is ordered to be set at liberty, if not wanted 
in an connection with any other case. 
70. Judicial restraint albeit a self imposed regulation, is 
the hallmark of functional propriety ensuring uniformity in 
E 
approach and certitude in curial determinations. 
71. Distraught though one would be, by the calamitous . 
incident, judicial adjudication has to be assuredly guided by 
the recognized legal dicta and cannot be swayed by emotional 
F 
or sentimental surges. Justice has to be administered 
essentially in accordance with law and uninfluenced by
individual predilections, notions, and prejudices. Be that as it 
may, judged on the touch stone of the acknowledged and time 
tested fundamental principles of criminal jurisprudence, we G 
cannot, but have to conclude that the charge against the 
appellant has remained unproved. 
. 
4 U.S.-U.S. v. Reveles, 190 F.3d 678 (5
1
" Cir. 1999). 
5 N.C.-State vs. Potter, 252 N.C. 312, 113 S.E.2d 573 (1960). 
•Miss. -Shields v. State. 702 So. 2d 380 (miss. 1997). 
H
52 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A 
72. Before parting, we cannot but wish to dwell on a 
s111bstantially disquieting feature of the case namely; the shoddy, 
casual, laconical and insensitive investigation conducted by 
the police. In course of our adjudicative audit, several 
slhortcomings and pitfalls in the process have been noticed. 
B To recall, the diary of Archana, though seized, had not been 
produced at the trial. The evidence of Akhilesh Kumar, who 
had opined that the dead body was not that of Archana, was 
withheld. Ashok Kumar and Ajit Kumar who supposedly had 
d~awn the blood samples of parents of Archana have not been 
C examined. Shiv Kumar, Technician, FSL, Patna who, as 
claimed by the prosecutiqn, had conducted the DNA test, was 
n<!>t produced. The DNA test was not carried out in a 
government laboratory and instead was done at a private 
D laporatory in violation of the norms. Dr. Shyam Bahadur 
Upadhaya (PW10), who was examined in connection with the 
DNA test, admittedly had no expertise in the line and his 
evidence is, thus, for all intents and purposes of no utility. No 
searching effort was made by the Investigating Officer to 
E ascertain when and how and by whom poison was 
administered as found in the viscera of the dead body. 
Investigation is also wanting in the matter of identification of 
the dead body and the prosecution relied on inferences, 
conjectures and surmises to connect the appellant with the 
F crime. The
investigation in the case, therefore, has left gaping 
cracks in it incapable of being sealed or mended. 
73. The investigating agency as the empowered 
mechanism of the law enforcing institution of the State is 
G entrusted with the solemn responsibility of securing the safety 
and security of the citizens and in the process, act as the 
protector of human rights. The police force with the power 
and resources at its disposal is a pivotal cog in the 
constitutional wheel of the democratic polity to guarantee th~ 
H sustenance of an orderly society. It is usually the first refuge of
RAJIV SINGH v. STAT~ OF BIHAR [AMITAVAROY, J.] 
53 
one in distress and violated in his legal rights to seek redress. 
A 
The police force, thus is bestowed with a sacrosanct duty and 
is undisputedly required to be impartial, committed and 
relentless in their operations to unravel the truth and in the 
case of a crime committed, make the offender subject to the 
process of law. The investigating agency, thus in the case of B 
a probe into any offence has to maintain a delicate balance of 
the competing rights of the offenders and the victim as . 
constitutionally ordained but by no means can be casual, 
incautious, indiscreet in its approach and application. A 
devoted and resolved intervention of the police force is thus C 
an assurance against increasingly pernicious trend of 
escalating crimes and outrc1ges of law in the current actuality. 
7 4. As a criminal offence is a crime against the society, 
the investigating agency has a sanctified, legal and social D 
obligation to exhaust all its resources, experience and expertise 
to ferret out the truth and bring the culprit to book. The manifest 
defects in the investigation in the case demonstrate an 
inexcusable failure of the authorities concerned to abide by 
this paramount imperative. 
E 
75. This Court, amongst others, in Amitbhai 
Anilchandra Shati vs. Central Bureau of Investigation and 
another(2013) 6 SCC 348, while underlining the essentiality 
of a fair, in-depth and fructuous investigation had observed 
F
that investigating officers are the kingpins in the criminal justice 
system and reliable investigation is a leading step towards 
affirming complete justice to the victims of the case. It was 
ruled that administering criminal justice is a two-end process, 
where guarding the ensured rights of the accused under the G 
Constitution is as imperative as ensuring justice to the victim. 
It was held that the daunting task, though a compelling 
responsibility, is vested on the court of law to protect and shield 
the rights of both. That a just balance between the fundamental H

54 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A rights of the accused guaranteed under the Constitution and 
the expansive power of the police to investigate a cognizable 
offence has to be struck by the Court was emphatically 
µnderlined. We are left appalled by the incomprehensible 
omissions of the investigating agency in the instant case and 
B we would expect and require that the authorities in-charge of 
ensuring fair, competent and effective investigation of criminal 
pffences in particular would take note of this serious concern 
of the Court and unfailingly take necessary remedial steps so 
much so that these observations need not be reiterated in future 
C entailing punitive consequences. 
Devika Gujral 
Appeal allowed.