Supreme Court of India
A. YADHAVversusSTATE OF KARNATAKA
- Citation
- 2008 INSC 1341
- Decided
- 25 November 2008
- Disposal
- Dismissed
- Bench
- ARIJIT PASAYAT
Holding
The High Court's conviction of the appellant is justified; the appeal is dismissed.
Summary
The appellant, A. Yadav (Accused No.2), was acquitted by the trial court of charges under Sections 302 and 394 IPC, while Accused No.1 was convicted. The State appealed, and the Karnataka High Court set aside the acquittal, relying on circumstantial evidence such as the appellant’s acquaintance with Accused No.1, his presence near the crime scene, the appellant being identified as an accomplice, recovery of a pillow used for smothering, and a chance fingerprint. The appellant challenged this decision before the Supreme Court, arguing that the trial court had properly applied the benefit of doubt. The Supreme Court examined the legal tests for conviction on circumstantial evidence and held that the circumstances highlighted by the High Court satisfied those tests, rendering the High Court’s conviction justified. Consequently, the appeal was dismissed.
Issues considered
- The High Court was justified in overturning the trial court's acquittal of the appellant on the basis of circumstantial evidence.
- Whether the facts established against the appellant satisfy the established legal criteria for conviction on circumstantial evidence.
- Whether the appellant can be convicted under Sections 302 and 394 of the Indian Penal Code.
Legislation cited
- Indian Penal Code, 1860s. 302, s. 394
Subjects
circumstantial evidencemurderIPC 302IPC 394convictionacquittalfingerprint evidencechain of evidencemotivehigh court judgmentappeal
Judgment
[2008] 16 $.C.R. 567
A. YADHAV A
II.
STATE OF KARNATAKA
(Criminal Appeal No.102 of 2001)
NOVEMBER 25, 2008
B.
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ.]
Penal Code, 1860 - ss. 302 and 394 - Prosecution
under - Circumstantial evidence - Acquittal by trial Court - C
Conviction by High Court - On appeal, held: Circumstances
highlighted by High .Court to hold the accused guilty are
relevant - Conviction justified.
Evidence - Circumstantial evidence - Reliance on - o
Held: Conviction can be based on such evidence - Condition
precedent for reliance before conviction discussed.
Appellant-accused No.2 was prosecuted u/ss. 302
and 394 IPC alongwith accused No.1. Prosecution case E
was based on circumstantial evidence. The
circumstances relied on against the appellant-accused
were that he was acquainted with the prime accused (A-
1); that he was found near the place of incident alongwith
A-1 while going to the flat of the deceased persons on
the fateful day, whereafter the deceased were not heard/ F
seen alive; that A-1 pointed out appellant (A-2) as his
accomplice; that as per his voluntary statement pillow
and pillow-cover alleged to have been used for
smothering both the deceased, were recovered; and that
chance finger print of A-2 was found from the scene of G
occurrence.
Trial. Court convicted A-1 u/ss. 302 and 394 IPC and
acquitted appellant-accused giving him benefit of doubt.
~7 H
568 SUPREME COURT REPORTS [2008] 16 S.C.R.
A Against the order of trial court three appeals were filed,
one by A-1 challenging conviction, the other two were
filed by the State; one for enhancement of sentence of
A-1 and the other against acquittal of appellant-accused.
High Court allowed the appeal of the State challenging
B acquittal of appellant-accused while dismissing the other
two appeals. Hence, the present appeal by appellant-
accused.
Dismissing the appeal, the Court:
C HELD: 1. The circumstances highlighted by the
prosecution against the appellant were that he was
acquainted with accused No. 1; that he was found near
the place of incident along with Accused No.1 going to
the flat of the deceased on 8.8.1992 at about 8.30 pm;
D that Accused No.1 pointed out the appellant as his
' accomplice- and after apprehension as per the voluntary
statement made by hi_m, M.Os. 7 and 7a (pillow and pillow
cover alleged to . have been used for smothering both
the deceased) were recovered; that chance finger print
E of the appellant were found from the scene of offence.
The Hi_gh _Court has referred to several factors including
the motive aspect. It has referred to the evidence of PWs.
2 & 4, who saw the appellant and A-1 after they came
out of the deceased's house. PW4 remembered that the
F appellant was sitting in the car with A 1. The
circumstances highlighted by the High Court to hold the
appellant guilty cannot be said to be without relevance.
The High Court has rightly observed that the trial court·
did not consider the relevant aspects while directing
G acquittal of the present appellant. [Paras 6 and 18) [581·
H; 582-A·B]
2~
Where a ·case rests squarely on circumstantial
evidence, the inference of guilt can be justified only when
H all the incriminating facts and circumstances are found
A YADHAV v. STATE OF KARNATAKA 569
-1" to be incompatible with the innocence of the accused or A
the guilt of any other person. There is no doubt that
conviction can be based solely on circumstantial
evidence but it should be tested by the touch-stone of
law relating to circumstantial evidence. The condition
precedent, before conviction could be based on B
circumstantial evidence, must be fully established. The
circumstances from which the conclusion of guilt is to
be drawn should be fully established. The circumstances
concerned 'must' or 'should' and not 'may be'
established; the facts so established should be c
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; the circumstances should be of a conclusive
nature and tendency; they should exclude every possible D
hypothesis except the one to be proved; and there must
be a chain of evidence so complete as not to leave any
reasonable ground for the conclusion consistent with
the innocence of the accused and must show that in all
human probability the act must have been done by the E
accused. [Paras 9, 14 and 16] [578-A-B; 580-D; 581-B-F]
Hukam Singh v. State of Rajasthan AIR 1977 SC 1063;
Eradu and Ors. v. State of Hyderabad AIR 1956 SC 316;
Earabhadrappa v. State of Kamataka AIR 1983 SC 446;
State of U.P. v. Sukhbasi and Ors. AIR 1985 SC 1224; F
"'' Ba/winder Singh v. State of Punjab AIR 1987 SC 350; Ashok
Kumar Chatterjee v. State of M.P. AIR 1989 SC 1890; Bhagat
Ram v. State of Punjab AIR 1954 SC 621; C. Chenga Reddy
and Ors. v. State of A.P. 1996 (10) SCC 193; Padala Veera
Reddy v. State of A.P. and Ors. AIR 1990 SC 79; State of G
;. U.P. v. Ashok Kumar Srivastava 1992 Crl.LJ 1104; Hanumant
+ Govind Nargundkar and Anr. v. State of Madhya Pradesh,
AIR 1952 SC 343; Sharad Birdhichand Sarda v. State of
Maharashtra, AIR 1984 SC 1622; State of Rajasthan v. Raja
H
:570 SUPREME COURT REPORTS [2008] 16 S.C.R.
A Ram 2003 (8) SCC 180; State of Haryana v. Jagbir Singh t-
and Anr. 2003 (11) SCC 261 and Kusuma Ankama Rao v
State of A.P. 2008 (10) ~CR 89, relied on.
Wills' Circumstantial Evidence" (Chapter VI) by Sir
B Alfred Wills, referred to.
Case Law Reference:
AIR 1977 SC 1063 Relied on. Para 9
c AIR 1956 SC 316 Relied on. Para 9
AIR 1983 SC 446 Relied on. ·Para 9
AIR 1985 SC 1224 Relied· on. Para 9
D AIR 1987 SC 350 Relied on. Para 9
AIR 1989 SC 1890 Relied on. Para 9
,. AIR 1954 SC 621 Relied on. Para 9
E 1996 (10) sec 193 Relied on. Para 10
AIR 1990 SC 79 Relied on. Para 11
1992 Crl.LJ 1104 Relied on. Para 12
F AIR 1952 SC 343 Relied on. Para 14 _..,.
AIR 1984 SC 1622 Relied on. Para 15
2003 (8) sec 180 Relied on. Para 17
G 2003 (11) sec 261 Relied on. Para 17
,
2008 '(10) SCR 89 Relied on. Para 17 -+
CRIMINAL AP PELLATE JURISDICTION : Criminal Appeal
No. 102 of 2001.
H
>-
A. YADHAV v. STATE OF KARNATAKA 571
From the final Judgment and Order dated 29.5.2000 of !A
the High Court of Karnataka at Bangalore in Crl. Appeal No.
749/1996.
Jaspal Singh, V.N. Raghupathy, Dharmpal, Ranji Thomas
and Lagnesh Misra for the Appellant. ~
Sanjay R. Hrgde, A Rohen Singh, Vikrant Yadav and Amit
Kr. Chawla for the Respondents.
The Judgment of the Court was delivered by
c
DR. ARIJIT PASA VAT, J. 1. Challenge in this appeal is
to the judgment of a Division Bench of the Karnataka High
Court disposing of three criminal appeals which had their matrix
in a judgment of learned 9th Additional Sessions Judge,
Bangalore City in SC No.353 of 1992. Criminal Appeal No.51 D
of 1996 was filed by Krishnamutty A 1 challenging the conviction
and sentence passed against him for the offences punishable
under Sections 302 and 394 of the Indian Penal Code, 1860
(in short the 'IPC') whereas Criminal Appeal No. 748 of 1996
was filed by the State challenging the inadequacy of sentence E
so far as Krishnamutty accused No. 1 was concerned and
prayer was to enhance the sentence of imprisonment for life
to death sentence. The last appeal i.e. 748 of 1996 was filed
by the State challenging acquittal of present appellant-A. Yadav
, A2. . .
F
2. Background facts in a nutshell are as follows:
Sunanda Varadhan, aged 73 years, (hereinafter referred
to as the 'deceased' nos. 1 and 2) and her mother Rukamma,
aged 90 years, came from well to do family and their children G
were settled outside Bangalore. They were staying at Flat
No.201, First Floor, Richmond Place, Convent Road,
Bangalore. They were often engaging the services of Accused-
1 as part-time Driver to take them in and around Bangalore.
H
572 SUPREME COURT REPORTS [2008] 16 S.C.R.
A They had also engaged Selvi (P.W.3) as maid servant. They
were often calling personally or on phone their relatives
including Suvarna Prasad (P.W.6) daughter of deceased
Sunanda, Lakshmi (P.W.8) deceased Rukamma's cousin sister,
Nagamani (P.W.19) - niece of deceased Rukamma and Dr..
B Xavier (P.W.22) a retired Medical Practitioner, who was staying
in the same apartments and was said to be looking after the
health of both deceased. Similarly, Keshava Iyengar (P .W.1)
whose daughter was married to the son of deceased Sunanda,
used to visit both Sunanda and Rukamma at their apartment
c and look after their well being.
In the morning of 9-8-1992 (Sunday), as Suvarna Prasad
(P.W.6) did not get regular phone call from Sunanda and inspite
of repeated attempts made by her from Madras where she
was staying could not contact her, she contacted Dr. Xavier,
0
(P.W.22) and asked him to make enquiries about the well
being of Sunanda and Rukamma and to intimate her.
Accordingly Dr. Xavier (P.W.22) at about 10.00 AM. tried to
call both deceased Sunanda and Rukamma over phone and,
when he could not get any reply, he thought that they might
E have gone out to meet their relatives and waited for some
time. Even then when no reply was received from them, he
contacted Keshava Iyengar (P .W.1) who, as stated earlier, is
another relative of deceased Sunanda and Rukamma at about
6.00 P.M. Again Keshava Iyengar (P.W.1) thinking that both
F Sunanda and Rukamma might have gone out and having
waited some tjme, came to the apartment and along with Dr.
Xavier (P.W.22) went to Flat No.201 occupied by both the
deceased. When both of them (P.W.1.and P.W. 22) went there,
they found that door was locked from inside and as it was a
G latch-door and in spite of repeated pressing of the bell there
· · was no response, Keshava Iyengar (P. W.1) with the help of a
I
duplicate key which was with him opened the door and entered + '
the house. There was darkness in the house and on switching
the lights, in the bed-room they noticed, on separate cots, two
H
A YADHAV v. STATE OF KARNATAKA 573
[DR ARIJIT PASAYAT, J.]
bodies covered with rugs and on verification they were found A
to be the dead bodies of Sunanda and Rukamma. Immediately,
Keshava Iyengar (P.W.1) contacted his relatives at Bangalore
as well as Suvarna Prasad (P .W.6) at Madras. Suvarna Prasad
(P.W.6) informed Keshava Iyengar (P.W.1) that she would come
to Bangalore immediately by the next available flight and not B
to do anything till then. Keshava Iyengar (P.W.1) thereafter
locked the door of the flat and came back to his house. Nexti
day, i.e., on 10-8-1992 in the morning at about 7'0 clock, after
the arrival of Suvarna Prasad (P.W.6) and her husband,
Keshava Iyengar (P.W.1) accompanied them and observed C
the conditions inside the house. As Suvarna Prasad (P.W.6)
1
suspected that some of the articles including some jewelleries
on the persons of deceased were missing, suspecting foul
play, Keshava Iyengar (P.W.1) requested to lodge a complaint
with the jurisdictional police. Accordingly, Keshava Iyengar D
(P.W.1) contacted the D.l.G. of Police, who, in turn, instructed!
Narayan (P.W.29) the Police Inspector and Station House
Officer of Ashokanagar Police Station, to look into the same.
Narayan (P.W.29) proceeded to the spot wherein Keshava
Iyengar (P.W.1) gave him the written complaint as per Exhibit E
P.1 which was sent to the police station for registration of the!
case and investigation. Srinivas (P.W.26) who was the Police
Sub Inspector on receipt of the complaint registered a case in
Cr.No.594 of 1992 for the offence punishable under Section
302 IPC against unknown persons and thus investigation was F
set in motion. Dog Squad and Finger Print Experts were called
for. The Police Dogs could not lead to any suspicious place or
person and as such it was given up. However, Narayanappa
(P.W.28) (Finger Print Expert) found three chance finger prints
on the TV.Stand and two chance finger prints on the stainless G
steel cup kept near the dead bodies and took photograph of
the same as well as the finger prints of the deceased and the.
nearby occupants, viz, Thavamani (P.W.2)- a watchman and
Selvi (P.W.3)- maid servant, who had immediately come there .•
Ameer (P.W.10) - the police photographer took photos of the~ H
574 SUPREME COURT REPORTS [2008] 16 S.C.R.
A .dead bodies and, after holding inquest mahazar as per Exhibits
P.26 and P.27 the bodies were sent for autopsy. As surfaced
during the inquest and subsequent recording of statements of
witnesses especially from the statement of Thavamani (P.W.2)
that the Accused-1 along with another person had visited
B previous night and went to the flat of the deceased, search for
Accused-1 was made. Chandrashekar Nair (P.W.7)- Inspector
COD), who was entrusted with search/apprehending the
accused, found Accused-1 moving in his Ambassador car near
the Manipal Hospital and he was apprehended and brought to
C the police station along with car. He was formally arrested by
Narayan (P.W.29) at about 5.00 p.m. After the arrest, Accused-
1 was interrogated and, as per his voluntary statement (Exhibit
P.39), certain ornaments said to be belonging to both the
deceased were recovered from the dickey of the Ambassador
D car bearing Registration No.KLD 6288, admittedly belonging
to Accused-1. As during the interrogation Accused -1 pointed
out involvement of Accused-2 in the crime, he was also arrested
and interrogated. As per his voluntary statement, the Pillow
and Pillow Cover (M.Os. 7 and 7a) said to have been used for
E smothering the deceased were also recovered from the
apartment itself.·
On 11-8-1992, Dr. Thirunavukkarasu (P.W. 12) and Dr.
Manjunath (P.W. 13), tMe Doctors, who conducted autopsy on
F the dead bodies, gave their P.M. Reports as per Exhibits P.15
and P.19. Since both the Doctors did notfind any physical ·•
external injuries, possibly due to decomposition and swelling
of the bodies, they reserved their opinion subject to the reports
sought from the Chemical Analysts and Forensic Science
Laboratory to which certain articles including viscera of both
G the deceased were sent. Meanwhile, the Investigating officer,
Narayan (P.W.29) recorded statements of many witnesses, ~ ·
obtained finger prints of the accused and sent the same along
with the finger pririts of the deceased obtained earlier by the J
Finger Print Experts. It is to be mentioned here itself that, after
H
576 SUPREME COURT REPORTS [2008] 16 S.C.R.
A enhancement of sentence in case of A 1 and questioning +
correctness of the order of acquittal so far as the A2 is
concerned.
The High Court by the impugned judgment allowed the
B appeal so far as the State is concerned in respect of the
present appellant and the other two appeals were dismissed.
Questioning correctness of the judgment of the High Court
setting aside the order of acquittal the present appeal has
been filed.
c 3. Learned counsel for the appellant submitted that the
trial court had analysed the evidence in great detail and had
directed acquittal so far as the present appellant is concerned.
Without analyzing the evidence in detail and without recording
reasons as to how the judgment of the trial court suffered from
D any infirmity, interference was made.
4. It is submitted that the view taken by t.he trial court was
a reasonable view and the High Court should not have +-.
interfered.
E
5. Learned counsel for the respondent-State on the other
hand supported the judgment of the High Court.
6. The present case is based on circumstantial evidence.
The circumstances highlighted by the prosecution are as
F
follows:
1. Both the deceased were residing at flat No.201,
Richmond Place Apartments, Convent Road, Bangalore;
G 2. Accused-1 was often engaged by the deceased as
part-time Driver and as such knew them very well;
3. Both the deceased were alive till 8.00 or 8.30 PM on
8-8-1992;
+ -
H
A. YADHAV v. STATE OF KARNATAKA 577
[DR. ARIJIT PASAYAT, J.]
-+- 4. At about the same time both the accused were seep A
going towards the apartment;
5. After the night of 8-8-1992 both Sunanda and Rukamma
were not seen alive;
6. Accused-1 was in need of money for having B
+ purchased a car by taking loan;
7. Recovery of M .Os .1 to 4 (gold ornaments) belonging'.
to both the deceased on the information furnished by
Accused-1 during interrogation and recovery of the same' c
from his car as pointed out by Accused No.1.
Similarly in so far as Accused 2 is concerned, the
circumstances are:-
D
1. Accused 2 was acquainted with accused 1'
+ 2. He was found near the place of incident along with
Accused No. 1 going to the flat of the deceased on
8.8.1992 at about 8.30 pm.
E
3. Accused No. 1 pointed out accused 2 as his ·
accomplice and after apprehension as per the voluntary ·
statement made by Accused 2 M.Os. 7 and 7a(pillow
and pillow cover alleged to have been used for
smothering both the deceased ) were recovered; F
4. Finding of the chance finger print of Accused 2 from
the scene of offence.
7. So far as the present appellant is concerned the '
circumstances 2 to 4 are of relevanc·e. G
8. The parameters while dealing with the circumstances
have been considered by this Court in several cases.
9. It has been consistently laid down by this Court that H
578 SUPREME COURT REPORTS [200,8] 16 S.C.R.
A where a case rests squarely on circumstantial.evidence, the
inference of guilt can be. justified only when all the
incriminating facts and circumstances are found to be
incompatible with the innocence of the accused 'or the guilt
of any other person. (See Hukam Singh v. · State of
B Rajasthan AIR (1977 SC 1063);~Eradu and Ors. v. State of
Hyderabad (AIR 1956 SC 316); Earabhadrappa v. State of
Kamataka (AIR 1983 SC 446); State of U.P. v. Sukhbasi +.
and Ors. (AIR 1985 SC 1224); Ba/winder Singh v. State of
Punjab (AIR 1987 SC 350); Ashok Kumar Chatterjee v.
c State of M.P. (AIR 1989 SC 1890). The circumstances from
which an inference as to the guilt of the a.ccused is drawn
have to be proved beyond reasonable doubt and have to be
-;
shown to be closely connected with the principal fact sought
to be inferred from those circumstances. In Bhagat Ram v.
D State of Punjab (AIR 1954 SC 621), it was laid down that
where the case depends upon the conclusion drawn from
circumstances the cumulative effect of the circumstances
must be such as tb negative the innocence of the accused
and bring the offences home beyond any reasonable doubt.
E 10. We may also make a reference to a decision of this
Court in C. Chenga Reddy and Ors. v. State of A.P. (1996)
10 sec 193, wherein it has been observed thus:
"In a case based on circumstantial evidence, the
F settled law is that the circumstances from which the
).-
conclusion of guilt is drawn should be fully proved and
such circumstances must be conclusive in nature.
Moreover, all the circumstances should be complete and
there should be no gap left in the chain of evidence.
G Further the proved circumstances must be consistent
only with the hypothesis of the guilt of the accused and
totally inconsistent with his innocence .. ~.".
11. In Padala Veera Reddy v. State cf A.P. and Ors.
~
-
(AIR 1990 SC 79), it was laid down that when a case rests
H
A. YADHAV v. STATE OF KARNATAKA 579
[DR ARIJIT PASAYAT, J.]
upon circumstantial evidence, such evidence must satisfy the A
following tests:
"(1) the circumstances from which an inference of guilt is
sought to be drawn, must be ~ogently and firmly
established; B
(2) those circumstances should be of a definite tendency
unerringly pointing towards guilt of the accused;
(3) the circumstances, taken cumulatively should form a
chain so complete that there is no escape from the C
conclusion that within all human probability the crime was
committed by the accused and none else; and
(4) the circumstantial evidence in order to sustain
conviction must be complete and incapable of explanation· o
of any other hypothesis than that of the guilt of the accused
and such evidence should not only be consistent with the ·,
guilt of the accused but should be inconsistent with his
innocence.
12. In State of U.P. v. Ashok Kumar Srivastava, (199~ ' E
Crl.LJ 1104), it was pointed out that great care must be taken ,
in evaluating circumstantial evidence and if the evidence relied
on is reasonably capable of two inferences, the one in favour
of the accused must be accepted. It was also pointed out that
the circumstances relied upon must be found to have been F
fully established and the cumulative effect of all the facts so
established must be consistent only with the hypothesis. of
guilt.
13. Sir Alfred Wills in his admirable book "Wills' G
Circumstantial Evidence" (Chapter VI) lays down the following
rules specially to be observed in the case of circumstantial
evidence: (1) the facts alleged as the basis of any legal
inference must be clearly proved and beyond reasonable doubt
H
580 SUPREME COURT REPORTS [2008] 16 S.C.R.
..Ir--
A connected with the factum probandum; (2) the burden of proof
is always on the party who asserts the existence of any fact,
which infers legal accountability; (3) in all cases, whether of +-
direct or circumstantial evidence the best evidence must be
adduced which the nature of the case admits; (4) in order to
B justify. the inference of guilt, the inculpatory facts must be
incompatible with the innocence of the accused and incapable
of explanation, upon any other reasonable hypothesis than
*
to
that of his guilt, (5) if there be any reasonable doubt of the '
guilt of the accused, he is entitled as of right to be acquitted".
c 14. There is no doubt that conviction can be based solely
on circumstantial evidence but it should be tested by the touch-
stone of law relating to circumstantial evidence laid down by
the this Court as far back as in 1952.
D 15. In Hanumant Govind Nargundkar and Anr. V. State
of Madhya Pradesh, (AIR 1952 SC 343), wherein it was
~
observed thus:
"It is well to remember that in cases where the
'-·
E evidence is of a circumstantial nature, the circumstances
from which the conclusion of guilt is to be drawn should
be in the first instance be fully established and all the
facts so established should be consistent only with the
..._
hypothesis of the guilt of the accused. Again, the ;-
F circumstances should be of a conclusive nature and :..
tendency and they should be such as to exclude every
hypothesis but the one proposed to be proved: In other
words, there must be a chain of evidence so far complete
• as not to leave any reasonable ground for a conclusion
G consistent with the innocence of the accused and it must !:_
1
be such as to show that within all human probability the
-+- ~
act must have been done by the accused."
16. A reference may be made to a later decision in
Sharad Birdhichand Sarda v. State of Maharashtra, (AIR 1984
H
A YADHAV v. STATE OF KARNATAKA 581
[DR. ARIJIT PASAYAT, J.]
SC 1622). Therein, while dealing with circumstantial evidence, A
+
it has been held that onus was on the prosecution to prove
that the chain is complete and the infirmity of lacuna in
prosecution cannot be cured by false defence or plea. The
conditions precedent in the words of this Court, before
conviction could be based on circumstantial evidence, must B
be fully established. They are:
~
(1) the circumstances from which the conclusion of guilt is
to be drawn should be fully established. The circumstances
concerned 'must' or 'should' and not 'may be' established;
c
(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;
D
(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 E:
'
(5) there must be a chain of evidence so complete as not
to leave any reasonable ground for the conclusion
consistent with the innocence of the accused and must
show that in all human probability the act must have been
done by the accused . F
...
17. These aspects were highlighted in State of Rajasthan
v. Rajaram (2003 (8) SCC 180), State of Haryana v. Jagbir
Singh and Anr. (2003 (11) SCC 261) and Kusuma Ankama
Rao v State of A.P. [2008 (7) JT 360]. G,
...
' -Jr.
18. The High Court has referred to several factors
including the motive aspect. It has referred to the evidence of
PWs. 2 & 4, who saw A1 & A2 after they came out of the
H
582 SUPREME COURT REPORTS [2008] 16 S.C.R.
A dece~sed's house. PW4 remembered that A2 was sitting in
the ·car with A 1. The· circumstances highlighted by t!Je, .High,·
Cdlllrt to 'hold the present.appellant guilty, cannot be said to be
with'out relevance. The High Court has rightly observed that
the trial·,courLdid 'not consider. ttie. r~levant aspects while
B directing acquittal of the present appellant. We find nott1ing
infirm in the conclusions of the High Court to warrant
interference. · _, ,-i ..
... :;, '19. The appeal is ,dismissed.
c K.K.T. .... ;: Appeal dismissed .
.. ·' '·. ,..'
,.
+
,,.
I
+ ...
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