Malti Sahu vs Rahul

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 471 OF 2022

Malti Sahu …Appellant(s)

Versus

Rahul & Anr. …Respondent(s)

WITH

CRIMINAL APPEAL NO. 472 OF 2022

State of U.T., Chandigarh …Appellant(s)

Versus

Rahul …Respondent(s)

JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment

and order passed by the High Court of Punjab & Haryana at Chandigarh

in CRAD No. 635 of 2014 by which the High Court has allowed the said

appeal preferred by the respondent – accused – Rahul and has quashed

and set aside the judgment and order of conviction and sentence passed Signature Not Verified Digitally signed by R Natarajan

by the Trial Court convicting the accused for the offence under Section Date: 2022.07.11 17:11:56 IST Reason:

302 IPC for committing the murder of one Kavita Sahu and Gaurang

1 Sahu, the State as well as the original complainant/informant – mother of

the deceased have preferred the present appeals.

2. On the statement of one Malti Devi, which got recorded on

16.12.2011, in which she stated that she and her husband were

Teachers by profession. That her husband was posted at Mewat,

Haryana and she was posted in Sector-17, Panchkula. They had two

children, i.e., elder daughter Kavita, about 17 years of age, who was the

student of Guru Nanak Public School, Sector-36, Chandigarh, whereas

her younger son Gaurang Sahu was the student of Govt. Model Senior

Secondary School, Sector-37, Chandigarh. On that day, she had left the

home at 8.30 A.M. for duty and both the children were at home, it being

their holiday. On her return at about 3.00 P.M., she found her daughter in

a pool of blood with a cut on her neck and when she went upstairs, she

found her son also in a pool of blood and his neck also had a cut. All the

articles in the room were lying scattered.

2.1 On the said statement / complaint, the case was registered and

initially the investigation was carried out by the local police station.

Special reports were sent and investigation was commenced. The

Investigating Officer collected the incriminating material from the spot.

They were converted into parcels and sealed with seal of “CS”. The

dead bodies were sent to the General Hospital, Sector – 16, Chandigarh

2 for post-mortem examination. During the course of the investigation,

the statements of the witnesses under Section 161 Cr.P.C. were

recorded including the statement of PW–8, Sidharth Vashisht, who, at

the relevant time, disclosed that he had seen the accused Rahul

alongwith Kavita and Gaurang coming from the side of Shivalik Public

School on foot going towards their locality wearing a blue colour sweater

and while returning, he (Rahul) was not wearing the said blue colour

sweater and rather, he had covered himself with a brown coloured shawl

or Loi.

2.2 On the basis of the statement made by PW–8, Sidharth Vashisht,

the police started to search for the culprit - Rahul. Later the case was

transferred to the Crime Branch (SIT), Chandigarh and the investigation

was commenced by Inspector Amanjot Singh. During the investigation,

the sealed parcels were sent to CFSL, Sector 36, Chandigarh. As noted

hereinabove, Rahul was suspected of commission of offence on the

basis of statement of PW–8, Sidharth Vashisht and therefore, a search

was launched for him. He was found missing from his house. He was

later arrested on 17.01.2012 from Village Saha, District Ambala and

produced in the Court.

2.3 On the basis of his disclosure statement, under Section 27 of the

Evidence Act, a bag containing blood-stained clothes was recovered.

3 That during the course of the investigation, one sweater was recovered

from the crime scene and the said sweater was sent to CFSL. One

blood-stained Loi and the clothes were recovered from the black bag,

which was recovered on the basis of disclosure statement made by the

accused. The Investigating Officer also recorded the statements of other

witnesses and during the course of investigation on the basis of the

disclosure statement, the Investigating Officer recorded the statement of

PW-20, Dr. Davinder Kapil from whom the accused took the first aid in

respect of the injury sustained by him on the ring finger of his left hand.

On the basis of the disclosure statement made by the accused, the

statement of PW-9, a shopkeeper was recorded and according to him,

the accused had purchased the knife (used in commission of the

offence). That after the conclusion of investigation, the Investigating

Officer filed the charge sheet against the accused for the offence under

Section 302 IPC.

2.4 As the case was exclusively triable by the Court of Sessions, the

learned Magistrate committed the case to the Court of Sessions for trial.

Plea of the accused was recorded. He pleaded not guilty and therefore

he came to be tried by the Sessions Court for the offence under Section

302 IPC for having committed the murder of Kavita Sahu and Gaurang

Sahu.

4 2.5 To bring home the charge against the accused, the prosecution

examined in all 21 witnesses as under:-

Name Deposition PW-1 Dr. Ajay Kumar Who conducted the post mortem PW-2 Dr. Vimukti Chauhan, CFSL, PW-3 Dr. Parijat, EMO One another member of the Board, who conducted the post- mortem PW-4 Sunita, Senior Who conducted serological Scientific Officer, analysis for human blood group CFSL and on 24 sealed parcels received by CFSL PW-5 Dr. Bhumika Bisht, Demonstrator, Department of Pathology, PW-6 Anita Rawat PW-7 HC Yash Pal Involved in investigation of the case with Inspector Charanjit Singh PW-8 Sidharth Vashisht PW-9 Ravi Mittal A businessman, who sold the knife to the accused PW-10 Kirpa Dutt PW-11 Avtar Singh PW-12 Dr. Ashok Kumar,· Who examined the accused on EMO, GMSH 25.01.2012 PW-13 Joginder Singh PW-14 Inspector Charanjit Singh PW-15 Malti Devi Mother of the deceased and original complainant PW-16 Head Constable Ramesh Kumar PW-17 MMHC Sukhchain Singh S.I. Shadi Lal Who was involved in the investigation of the case with

5 Inspector Amanjot Singh PW-18 S.I. Rajbir Singh Who delivered 29 sealed parcels for testing CFSL PW-19 C. Jagroop Singh Photographer PW-20 Dr. Davinder Kapil Who gave first aid to the accused in respect of injury on ring finger of his left hand PW-21 Inspector Amanjot Who investigated the case after Singh the investigation was handed over to the Crime Branch (SIT), Chandigarh

2.6 Through the aforesaid witnesses, the prosecution brought on

record the relevant documentary evidences. After closure of the

prosecution evidences, further statement of the accused under Section

313 Cr.P.C. was recorded. The case of the accused was of a total denial.

The accused did not lead any evidence in his defence.

2.7 On conclusion of the trial and on appreciation of evidences, the

Trial Court held the accused guilty of the offence under Section 302 IPC

for having killed Kavita Sahu and Gaurang Sahu and sentenced him to

undergo imprisonment for life, i.e., till the rest of his natural life and also

to pay a fine of Rs. 25,000/-. The learned Trial Court also ordered that

the substantive sentences shall run concurrently.

2.8 Feeling aggrieved and dissatisfied with the judgment and order of

conviction and sentence passed by the Trial Court convicting the

6 accused for the offence under Section 302 IPC, the accused preferred

an appeal before the High Court and by the impugned judgment and

order, the High Court has acquitted the accused by observing that it is a

case of circumstantial evidence and there is no direct evidence and that

prosecution has not established the complete chain of circumstances to

prove the guilt of the accused beyond reasonable doubt. While

acquitting the accused, the High Court also observed that the

prosecution has failed to prove the link in the evidence, which could

establish and bring home the guilt of the accused.

2.9 Feeling aggrieved and dissatisfied with the impugned judgment

and order of acquittal passed by the High Court quashing and setting

aside the order of conviction and sentence passed by the Trial Court

convicting the accused for the offence under Section 302 IPC for having

killed Kavita Sahu and Gaurang Sahu, the original complainant – mother

of the deceased (Kavita Sahu and Gaurang Sahu) and the State have

preferred the present appeals.

3. Shri Neeraj Kumar Jain, learned Senior Advocate appearing on

behalf of the mother of the victim and Ms. Ruchi Kohli, learned counsel

appearing on behalf of the State have vehemently submitted that in the

facts and circumstances of the case, the High Court has committed a

7 grave error in acquitting the accused by observing that the prosecution

has failed to prove the necessary link in the evidence which could

establish and bring home the guilt of the accused.

3.1 It is vehemently submitted on behalf of the appellant that in the

present case the prosecution has been successful in proving the motive

of the respondent to kill the deceased. That even from the deposition of

PW-8 (though he turned hostile), the prosecution has been able to

establish and prove that the accused was harassing the deceased

(Kavita Sahu).

3.2 It is further submitted by the learned counsel appearing on behalf

of the appellants that the High Court has not properly appreciated and

considered the fact that the knife used in the commission of the offence,

which was recovered from the place of occurrence was purchased by

the accused, which has been established and proved by the prosecution

by examining the relevant witness- shopkeeper – PW-9. It is submitted

that the Shopkeeper (PW-9) has clearly stated in his deposition that the

knife (three pieces of knife), which was recovered from the place of

occurrence having blood stain was the very knife, which was purchased

by the accused and the shopkeeper also identified the accused. It is

further submitted by the learned counsel appearing on behalf of the

appellants that even the Loi, which was recovered at the instance of the

8 accused was having blood stains of the same blood group of that of the

accused and the accused has failed to explain the same. It is further

urged by the learned counsel appearing on behalf of the appellant that

even the accused sustained an injury on ring finger of his left hand,

which was detected immediately after the occurrence of the incident and

the accused had failed to explain the same. It submitted that the

prosecution has been successful in proving the injury on the accused by

examining Dr. Davinder Kapil, PW -20. It is contended that therefore,

when the accused failed to explain the above incriminating material

found against him namely, the Loi having blood stains, which was

recovered at his instance and the knife having blood stains, recovered

and found from the place of occurrence, which was purchased by him

prior to the commission of the offence and even from the

statement/deposition of the hostile witness – PW -8, the motive has been

established and proved and hence, the High Court has committed a

grave/serious error in acquitting the accused.

3.3 Making above submissions and relying upon the depositions of

PW-8, PW-9 and PW-20 and the medical evidence, it is vehemently

submitted by the learned counsel appearing on behalf of the appellant

that the prosecution has successfully proved the link evidence, which

establishes and brings home the guilt of the accused.

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4. Present appeals are vehemently opposed by Shri Aditya Dhawan,

learned counsel appearing on behalf of the respondent – accused. It is

vehemently submitted by the learned counsel appearing on behalf of the

respondent that in the present case, on appreciation of the entire

evidence on record, the High Court has specifically recorded the findings

that the prosecution has failed to prove the link evidence which could

establish and prove the guilt of the respondent - accused.

4.1 It is submitted that cogent reasons have been given by the High

Court not to believe the circumstances, which were held against the

accused by the Trial Court. It is contended that the present case is

based on circumstantial evidence and that PW-8 had turned hostile. It is

further contended that it has not been established and proved that the

Loi having blood stains belonged to the accused.

4.2 It is further urged that even the prosecution has failed to prove the

motive by leading cogent evidence. It is submitted that so far as the

injury found on the ring finger of the accused is concerned, it was an old

injury. It is contended that therefore when the case is based on the

circumstantial evidence and there is no direct evidence to prove the guilt

of the accused, no error has been committed by the High Court in

acquitting the accused. That when by giving cogent reasons, the High

Court has reversed the conviction and thereby has acquitted the

10 accused, it is prayed not to interfere with the same in exercise of the

powers under Article 136 of the Constitution of India.

5. We have heard the learned counsel appearing on behalf of the

respective parties at length.

6. We have perused, considered and gone through the judgment and

order passed by the Trial Court convicting the accused for the offence

under Section 302 IPC and the impugned judgment and order passed by

the High Court acquitting the accused.

7. In the present case, the prosecution has been successful in

proving the motive so far as the accused is concerned. Though, PW-8

initially made a statement before the Police that he had seen the

accused alongwith the deceased going to their house, but before the

Court, he turned hostile. However, he had been cross-examined by the

Public Prosecutor and during the course of cross-examination, he has

stated that Kavita Sahu - deceased alias Kimi, a few days before the

incident had disclosed to him that accused Rahul had made some

obscene gestures at her. He has further stated that Kavita alias Kimi

used to often confide with him regarding her personal matters. He has

also stated that he felt bad when Kimi disclosed to him about the

11 activities of Rahul. He has also stated that Kimi disclosed to him about

the behaviour of accused Rahul on 4th and 5th December, 2011.

As per the settled position of law, even the evidence of a hostile

witness can be considered to the extent, it supports the case of the

prosecution. Therefore, prosecution has established and proved the

motive to that extent.

7.1 Another link in the evidence, which establishes and brings home

the guilt of the accused person is the recovery of the knife in three

pieces, recovered from the place of occurrence, which was used for

commission of the offence. During the course of investigation and on a

thorough inspection of the spot, a knife in three pieces was found lying

on the floor in the room, where dead body of Kavita was lying. On the

knife, the word “Glare” was engraved. The prosecution has been

successful in establishing and proving that it was the accused, who

purchased the said knife from one Ravi Mittal, PW-9. The witness PW-9

had not only identified the knife purchased by the accused, but he has

also clearly stated that the knife (which was found in three pieces) is the

same, which was purchased by the accused. He has also identified the

accused. As per the medical report and the post-mortem report, the

cause of death was a result of hemorrhage and shock consequent upon

slitting of the throat. Thirteen ante mortem injuries were found on the

12 person of Gaurang and eight injuries on the body of Kavita. It was

opined that the same could have been caused by a sharp-edged

weapon. PW-3, who was one of the members of the Board, which

conducted the post-mortem also stated in her evidence that the injuries

could be possible with the weapon examined when taken as a whole.

i.e., single weapon. She stated that even the throat injury was possible

with three pieces and it was possible that the weapon might have broken

during the process.

The knife in three broken pieces was recovered from the place of

occurrence having blood stains and it has been established and proved

that during the use of the weapon, i.e., knife, in commission of the

offence, the same might have broken.

7.2 The next link in the chain of evidence is the recovery of Loi having

blood stains of the deceased Kavita as well as of the accused, which Loi

was recovered on the basis of the disclosure statement made by the

accused himself. Though, Panchas to the recovery

panchnama/disclosure panchnama had turned hostile, still the

prosecution has proved the same through the I.O. However,

unfortunately, the High Court has doubted the DNA/CFSL report on

grounds, which are not germane, namely, the human hair in the hands of

Kavita was not examined; blood stains were not properly presented.

13 However, the High Court has not gone in the detailed discussion of the

CFSL Report on record.

Having gone through the CFSL Report as well as the depositions

of the witnesses from the CFSL, we are of the opinion that the blood on

the Loi was found to be matching with that of Kavita and the accused.

7.3 One another circumstance, which will go against the accused

would be that an injury on the ring finger of the left hand of the accused

was found, which was treated by PW-20, Dr. Davinder Kapil. He stated

in his evidence that “accused came to his clinic in December, 2011 and

disclosed his name; he had injury over ring finger of his left hand and

came to him for first aid; the finger was already covered by accused with

handkerchief; on removing the same, he found an injury over ring finger

of his left hand; when he asked about the injury, he disclosed that he

suffered the aforesaid injury by some iron bar. He also stated that on

seeing the injury, he found it could be happened due to a sharp-edged

weapon.” The accused has failed to explain the injury on him. On the

contrary, he has come out with a false case that the injury was caused

by some iron bar, which has not been established and proved.

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8. Considering the aforesaid overall facts of the case and evidence

on record, the High Court has committed a grave/serious error in

observing that the prosecution has failed to prove the link evidence,

which could establish and bring home the guilt of the accused. The

findings recorded by the High Court are perverse. The High Court has

not properly appreciated the entire evidence on record, more particularly,

the findings recorded by the Trial Court, which as such were on

appreciation of the entire evidence on record.

8.1 Under the circumstances, the impugned judgment and order

passed by the High Court reversing the conviction and consequently

acquitting the accused is unsustainable and the same deserves to be

quashed and set aside.

9. In view of the above and for the reasons stated above, present

appeals succeed. The impugned judgment and order passed by the

High Court acquitting the accused is hereby quashed and set aside. The

judgment and order of conviction and sentence imposed by the Trial

Court convicting the accused for the offence under Section 302 IPC is

hereby restored.

15 Now, the respondent - accused to surrender before the concerned

Jail Authority / concerned Court to undergo the sentence imposed by the

Trial Court.

Present appeals are allowed accordingly.

Pending application, if any, also stands disposed of.

………………………………….J. [M.R. SHAH]

NEW DELHI; ………………………………….J. JULY 11, 2022. [B.V. NAGARATHNA]

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