Holding

The Supreme Court upheld the convictions for murder and robbery, affirming the use of the presumption under Section 114 of the Evidence Act and finding the circumstantial evidence sufficient.

Summary

The three accused (Ezhil, Saravanan and Mohammed Iqbal) were charged with robbery, murder and related offences after a car they were travelling in was intercepted carrying articles belonging to the deceased, Masukuthu Ali, whose body was later found stabbed. The prosecution relied on circumstantial evidence, including the recovery of the deceased's passport, driving licence, blood‑stained clothing and other personal items from the car, and the accused’s failure to explain their possession of these items. The High Court applied the presumption under Illustration (a) to Section 114 of the Evidence Act, concluding that the accused were guilty of both robbery and murder. On appeal, the Supreme Court held that the facts necessary to invoke the presumption were proved beyond reasonable doubt, that the evidence was sufficient to sustain convictions under Sections 302 and 392 read with Section 34, and that the sentences (life imprisonment for murder and ten years rigorous imprisonment for robbery) were not excessive. The appeals were dismissed.

Issues considered

The applicability of the presumption under Illustration (a) to Section 114 of the Evidence Act in a case of robbery‑murder based on circumstantial evidence.
Whether the prosecution proved the guilt of the accused beyond reasonable doubt.
Whether convictions under Sections 302 and 392 read with Section 34 IPC can be sustained despite lack of direct evidence.
Whether the appellate court may interfere with the findings under Article 136 of the Constitution.
The proportionality of the sentences imposed.

Legislation cited

Code of Criminal Procedure, 1973s. 102, s. 174, s. 41
Indian Evidence Act, 1872s. 106, s. 114
Indian Penal Code, 1860s. 120, s. 201, s. 302, s. 34, s. 364, s. 392

Subjects

murderrobberycircumstantial evidencepresumption of factSection 114 Evidence ActSection 106 Evidence ActIPC Sections 302, 364, 392, 34, 120B, 201Article 136life imprisonmentrigorous imprisonment

Judgment

EZHIL AND ORS. A
v.
STATE OF TAMIL NADU

APRIL 24, 2002

[R.P. SETHI AND DORAISWAMY RAJU, JJ.] B

Penal Code, 1860 : Sections 302, 394, and 34
• '
Murder-Robbe~ircumstantial evidence-Articles belonging to
deceased-Recovery from accused persons after the occurrenc,,_Fai/ure of C
accused to explain possessiorr-presumption as to guilt ofaccused----Conviction
based on-Held, justified.

Evidence Act, 1872 : Section 114-Illustration (a)-App/icability of.

Presumption-Accused-Possession of stolen goods-Absence of D
reasonable' explanation by accused-Presumption as to guilt of accused-
Permissibility of

The appellants were prosecuted under Section 364, 392 and 302 read
with Sections 34 and 120-B IPC. The entire prosecution case was based on E
circumstantial evidence; (i) An Inspector of Police, PW-4, intercepted a car
on 11.3.1994 at about 5.00 a.m. in which the three accused were together; (ii)
the car was entrusted to the accused persons. Particularly A-3 as its Driver
and A-2 as its Cleane;·; (iii) the car when intercepted was found carrying the
articles, which were proved to he that of the deceased as also those entrusted
to him by others; (iv) that when PW-4 asked A-1 to show the passport, he F
~

produced the same which really belonged to the deceased and from the
suitcase of the deceased found in the dicky even the driving license of the
deceased was retrieved; (v) that all the recoveries of the articles from the car
were prior to the discovery of the body of the deceased in almost less than 24
hours; (vi) that the articles with blood stains, particularly the bed-sheet, lungi G
and chappals recovered from the car were, as per Serologist Report, stained
with human blood for which no reasonable explanation was offered (vii) that
the accused did not give any reasonable explanation for all the stolen articles
r being found in their possession immediately after the occurrence; (viii) that
the deceased was serving in Saudi Arabia and when he was due to visit India,

431
H
_--\

432 SUPREME COURT REPORTS [2002) 3 S.C.R.

A he was entrusted with certain articles by PW-15 and PW-23 also, which were )t_

identified and proved by them; and (ix) the post-mortem report indicated that
fatal injury No. 1 sustained by the deceased could have been caused by a stab
inflicted with knife.

The Trial Judge found the first accused guilty under Sections 364, 302,
B 392 and 201 IPC, the second and third accused guilty under Sections 364,
302 read with Sections 34, 392 read with Sections 34 and 201 IPC. The High
Court expressed certain doubts as also want of faith on some of the witnesses
and their statements in court However, it placed strong reliance upon the _,..
recovery of the articles belonging to as well as in the possession of the deceased "
c when he arrived from abroad from the possession and custody of the accused
shortly after the commission of the offences. Applying the presumption in
Illustration (a) to Section 114 of the Evidence Act and noticing the absence
of any plausible or reasonable explanation by accused persons for being in
possession of those articles, the High Court held that notwithstanding the fact
that they cannot be convicted under Sections 364 and 201, IPC their
'"'
D conviction, under Sections 302 and 392 read with Section 34 IPC would stand
affirmed.
....._
In appeal to this Court it was contended on behalf of the appellants that
various circumstances noticed by the courts below to indict the accused of
the offences found guilty cannot be said to be proved or substantiated beyond
E reasonable doubt and even the circumstances found substantiated do not go
to form the necessary link to constitute a chain inevitably leading to the guilt
of the accused of the offences charged with and held proved.

Dismissing the appeals, the Court
~

F HELD : 1. The basic and vitally important facts necessary for drawing
the presumption by applying illustration (a) to Section 114 of Evidence Act,
""
·~
are found to have been substantiated and proved beyond reasonable doubt,
by overwhelming evidence on record. The presence of all the accused in the
car when the same was intercepted and they were interrogated, with all the
G articles recovered from the dicky of the car have been found established by
other evidence, even dehors the written statement. [440-E, F, H; 441-A]

H
2. The accused have not been able to properly or reasonably explain as
to the legitimacy or. origin of their possession of the articles carried by the
deceased when he arrived from abroad at the airport In such circumstances,
since the facts relating to the same being especially within the exclusive
~
--
"

EZHIL AND ORS. v. STATE OF TAMIL NADU 433

knowledge of the accused, the legislature engrafted a special rule in Section A
106 of the Evidence Act, to meet certain exceptional cases in which not only
it would be impossible but disproportionately difficult for the prosecution to
establish such facts which are specially and exceptionally within the exclusive
knowledge of the accused and which he could prove without difficulty or
inconvenience. [443-B, C, D]
B
3. The appellants in this case have miserably failed to explain their lawful
possession of those articles with them that really belonged to and were in the
.,.
.
possession of the deceased when he landed at the airport. Consequently, it
·"> was legitimate for the courts below, on the facts and circumstances of this
case, to draw the presumption not only of the fact that they were in possession
of the stolen articles after committing robbery but also committed the murder
c
of the deceased, keeping in view the proximity or time within which the act
of murder was supposed to have been committed and body found and the
articles recovered from the-possession of the accused. The conclusions, in this
regard, concurrently recorded by both the courts below are unassailable and
do not call for interference, within the area permissible for interference in D
an appeal entertained under Article 136 of the Constitution. (443-D, E, F]
;.
Sanjay alias Kaka v. State (NCT of Delhi), (2001] 3 SCC 190 and State of
West Bengal v. Mir Mohammed Omar and Ors., [2000] 8 SCC 382, referred to.

4. The appreciation of evidence by the High Court, and broadly even E
by the Trial Court, could not be said to be either arbitrary or perverse or
considered to suffer any patent infirmities or illegalities so as to vitiate the
findings. It is not every discrepancy or contradiction that renders the witness
or evidence tendered by him unacceptable or tainted so as to call for their
rejection in toto. In this case, the evidence has been carefully scrutinized
~ noticing the contradictions and infirmities wherever found and properly F
marshalled and analyzed before affirming the verdict of guilt recorded by
the trial court in respect of offences under sections 392 and 302 read with
Sections 34 IPC. [442-E-G]

5. A grave act of depravity, to kill an innocent person only for the
purpose or enriching themselves of the fortunes brought by the deceased, who G
unaware of their diabolical scheme got lured into their company for a safe
travel to his destination, deserves to be dealt with iron hand and the imposition
of 10 years rigorous imprisonment for the offence of robbery under Section
-392 IPC and rigorous imprisonment for life for the offence of murder under
Section 302 IPC cannot be considered to be either harsh or so grossly H
434 SUPREME COURT REPORTS [2002) 3 S.C.R.

A disproportionate as to shock the conscience of this Court. (443-G-H; 444-A]
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.
I268-I270 of 1999.

Fr~m the Judgment and Order dated 27.4.98 of the Chennai High Court
B in Crl. A. Nos. 410, 482 and 492 of 1997.

S. Muralidhar for the Appellants.

S. Balakrishnan and Mrs. Revathy Raghavan for the Respondent.

C The Judgment of the Court was delivered by

RAJU, J. The three accused In Sessions Case No.I I of 1997 on the file
of the Additional District and Sessions Judge, Nagai Quaide-e-Milet District
in Tamil Nadu, Ezhil (A-1), Saravanan (A-2) and Mohammed Iqbal (A-3),
are the appellants before us. They have been charged for offences under
D Sections 364, 392 and 302 read with Section 34, IPC, and Section I20B of
the Indian Penal Code. After trial and on consideration of the evidence and
materials placed on record, the learned Trial Judge found the first accused
guilty under Sections 364, 302, 392 and 201, IPC, the second and third
accused guilty under Sections 364, 302 read with Section 34, 392 read with
E Section 34 and 201, IPC. So far as the question of sentence is concerned, the
Trial Judge imposed death sentence on the first accused for the offence
committed under Section 302, IPC. For the offences committed by the accused
Nos. i to 3 under Sections 364, a rigorous imprisonment for a period of ten
years was imposed. For the offence committed by accused Nos. 2 and 3
under Section 302 read with Section 34, IPC, they were awarded life
F imprisonment. For the offence committed under Section 392 by the first
accused and accused Nos. 2 and 3 for the offence committed by them under
Section 392 read with Section 34, IPC, they were awarded rigorous
imprisonment for ten years. For the offence under Section 20I, IPC, the
accused were awarded rigorous impr_isonment for five years. The sentences
awarded as above, except death sentence, were ordered to run concurrently.
G So far as the charge under Section I20B, IPC, is concerned, the learned Trial
Judge held the same to be not proved against the accused.

Thereupon, the accused filed Criminal Appeal Nos. 410, 482 and 492
of 1997, which were taken up for disposal along with R. T. No. 4 of I997
H for confirmation of the death sentence imposed on the first accused. A Division
EZHILANDORS. v. STATEOFTAMILNADU [RAJU,J.] 435

Bench of the High Court thought fit to set aside the conviction of the accused A
under Sections 364 and 20 I of!PC. The conviction and sentence imposed by
the Trial Court for the offence under Sections 302 and 392, !PC, was upheld,
with a modification that all the accused shall stand convicted under Section
392, !PC, read with Section 34, !PC., while choosing not to interfere with the
quantum of punishment for the offence under Section 392, !PC. So far as the
offence under Section 302, !PC, is concerned, while modifying the death B
sentence against the first accused into one of rigorous imprisonment for life,
such sentence imposed by the Trial Court upon accused Nos. 2 and 3 came
to be affirmed. Hence, the above appeals.

Shri S. Muralidhar, learned counsel for the appellants, strenuously C
contended that the various circumstances noticed by the courts below to
.indict the accused of the offences found guilty cannot be said to be proved
or substantiated beyond reasonable doubt and even the circumstances found
substantiated do not go to form the necessary link to constitute a chain
inevitably leading to the guilt of the accused of the offences charged with and
held proved. According to the learned counsel, not only there is a strong and D
reasonable doubt about the case of prosecution, but the stand of the accused
reasonably and plausibly explains away the circumstances noticed to hold
them guilty and consequently the appellants are entitled to an order of acquittal
in our hands. Shri S. Balakrishnan, learned senior counsel appearing for the
respondent-State, while relying upon the findings of the courts below, E
contended that the decisions recorded against the accused for the various
offences were on a proper and objective consideration of all the relevant
materials and the reasons assigned in support thereof were based on
overwhelming material available on record and this Court may not be pleased
to interfere with the same in this appeal filed invoking the jurisdiction of this
Court under Article 136 of the Constitution of India. F
In order to appreciate the respective stand of the learned counsel
appearing on either side and the legality and correctness of the findings
recorded, a brief reference to the relevant materials becomes necessary. PW-
4, an Inspector of Police attached to Zam Bazaar Police Station, who was on
duty from the midnight of 10.3.94 to check the passing vehicles in Marina G
at Kamarajar Salai, noticed at 5.00 a.m. in the morning of I 1.3.1994 a White
)- Ambassador Car bearing registration No. PY-02-0160 coming from south
direction and going towards north very fast and stopped the same for
verification. At that time, the Car was found driven by A-3 Mohammed
Iqbal, and the other two, namely, A-1 Ezhil and A-2 Saravanan, were seated H
436 SUPREME COURT REPORTS [2002] 3 S.C.R.

A on the rear seat. When PW-4 questioned them and found their replies to be
inconsistent, the Car Dicky was opened and a parcel (M.0.8) bearing a label
"A.K. Jamal Mohammed Ihamam Pharan-Madras" was found. When further
inquired, A-1 replied that he was coming from abroad and on being asked to
show his Passport, a Passport (Ex.P15) bearing No. E. 025019 dated 25.5.1988
was produced by him. On further finding that the photograph on the Passport
B did not match with either A-1 or anyone-else in the Car, the Dicky was said
to have been again opened and searched, as a result of which a plastic bag
was found concealed under the mat containing a blood stained bed-sheet, a
.,
-
pair of blood stained hawai chappals, a blood stained lungi, a blood stained "'
broken knife and a blood stained cigar lighter. Further questioning resulted
c in the accused claiming that the third accused was the Driver while the
second accused was the Cleaner and the Car was hired by the first accused.
When M.0.8, a Car Board Box, was opened, number of foreign goods were
. found in the same. The 0 olice party got suspicious and took the accused in
their custody and seized the Car. and all the articles found therein. A mahazar ...
was also drawn in the presence of two independent witnesses, namely, PW-
D 5 Dhannan and one Ramu. A list of articles found in the Dicky was drawn
up. A few other parcels bearing various names were also found therein, of ....
which one was in the name of A. Faizal and another in the name of S.M.
Zinnah. A money purse containing some Indian currency and foreign currency
""'
was also found with a driving license in the name of one Jamal Mohammed
E bearing No. 12711-B3/88. After preparing the list of all these articles along
with a mah11zar, the accused were taken to the Zam Bazaar Police Station and
were further questioned. A First Information Report (Ex.P 17) was given by
PW-4 to the Zam Bazaar Police Station and the same was registered In Crime
. No.409 of 1994 under Sections 41 and 102, Cr. P. C.
-,..
F While that be the events at Chennai, at a Village called Nallathur under
the jurisdiction ofOlakkur Police Station, a resident of the Village, who went
near Konnerikuppam bridge to pluck water melons, saw a dead-body lying
there. Getting frightened, he ran to the Thalaiyari (menial servant) of the
Villages Konnerikuppam, Nallathur and Pallipakkam and gave him the
infonnation. Thereupon, the Village Administrative Officer was told about
G. the same at 1.00 p.m., who, after a visit to the spot and personal verification,
went to Olakkur Police Station at 2.30 p.m. and lodged the report (Ex.Pl),
resulting in the registration of a case in Crime No. 75/94 under Section 174(3), .-.
Cr.P.C. An FIR (Ex.P44) was said to have been forwarded to the Judicial
Magistrate No. I, Tindivanam. The Sub-Inspector of Police, Olakkur Police
H Statbn, thereafter contacted PW-28, the Inspector of Police, Tindivanam
EZH!LANDORS. v. STATEOFTAM!LNADU [RAJU,J.] 437

Circle, and infonned him about the suspicious state in which the body was A
found. Thereafter, PW-28 went to Olakkur Police Station at 8.20 p.m. and
reached the spot where the dead-body was lying and prepared an observation
mahazar (Ex.P3). A rough sketch (Ex.P48) was prepared and arrangements
made for taking photographs besides conducting an inquest and preparing a
report under Ex.P49. Statements of the witnesses, who had found the body, B
were also recorded and a seizure mahazar of the articles found on the body
being clothes, shoes, socks and some currency notes, etc. was prepared and
the body was sent for post mortem examination. From the clothes of the
deceased, a Tailor Mark "New Gentle Tailor, Vadakarai" was noticed and
PW-26, who was put on the job, contacted PW-16, who not only recognized
his own tailoring mark but also the person found in the photograph to be that C
ofone Masukuthu Ali, who was working abroad. Thereafter, the father of the
said person was contacted and he could recognize the photo to be of his own
son. He was also taken to the Government Hospital at Tindivanam along with
.... the relatives and it was confirmed that the deceased was his son Masukuthu
Ali. The post mortem was said to have been conducted at 1.00 p.m. on
12.3.1994 by PW-22, and Ex.P35 report prepared by the Doctor. Thereafter D
the body was said to have been handed over to the relatives of the deceased.

On 13.3.1994, PW-28 got a wireless message from Zam Bazaar Police
Station, pursuant to which PW-25, attached to Olakkur Police Station, was
sent to Zam Bazaar Police Station and PW-26 collected the whole file from E
Zam Bazaar Police Station relating to Cr. No.409 of 1994 and handed over
the same to PW-28 at Tindivanam. Thereafter, the case, which was registered
by Olakkur Police Station under Section 174(3), Cr.P.C., was altered to
Sections 120B, 364, 302, 392, 201 read with Section 34, !PC. At that stage,
an Express FIR (Ex.P47) was sent to the Judicial Magistrate at Tindivanam
as also to the Metropolitan Magistrate No. 13 at Chennai, where the accused F
were remanded. From the materials gathered, it was found that the deceased
was the same person in whose favour the Passport (Ex.PIS) was issued,
though it was found to have been issued in the name of Abdul Jamal
Mohammed. The accused thereafter were taken into the custody by PW-28
on 26.3.1994 and brought to Olakkur Police Station. The accused were taken G
to the scene of occurrence on 27.3.94 in the presence of PW-6 and another
and an observation mahazar (Ex.PIS) and a rough sketch Ex.P50 were drawn
up. On further investigation, PW-28 went to Neyveli and examined PW-8,
who was said to have travelled with the deceased and the accused in the Car
in question. The accused were thereupon remanded to judicial custody on
28.3.1994. Thereafter, the Inspector General of Police, Madras Crime Branch, H
SUPREME COURT REPORTS [2002] 3 S.C.R.

A made an order on 27 .6.1994 transferring the investigation to CB, CID and
PW-29 took up the investigation on 16. l 0.1994. During the investigation
made by him, the statement of PW-14, who was running a Driving School
at Myladuthurai, who recognized the photograph in the Driving License
(M.0.87) and stated that it was issued in the name of Jamal Mohammed. The
photograph on Ex.Pl2 as also M.0.87 were said to be of the same person and
B these, as noticed earlier, were recovered from the accused persons on
l l.3.1994. The elder sister of the deceased was also examined and seized
three Passports of the deceased obtained on different dates, namely, Ex.PS,
Ex.PIO as also the Driving License Ex.Pl2, which stood in the name of
Masukuthu Ali. After examining the other witnesses, PW-11, the owner of
C the Car, PW-12, Van Driver, and PW-10, a friend of the deceased, who last
saw him alive and on information given by him, PW-9, working in a Petrol
Pump where the car in question was stated to have got 20 liters of diesel
filled up, seized Ex.P20 cash bill under proper mahazar in the presence of
PW-13 and another. The records and the articles seized by PW-4 on 11.3.1994
at Chennai were thereafter sent to the concerned Judicial Magistrate only on
D 5.12.1994. PW-29, the Investigating Officer, seized the knife and caused the
blood stained articles to be sent for chemical examination through the Judicial
Magistrate, Tindivanam, on 13.12.1994 and thereafter the investigation was
transferred on 5.1.1995 to PW-30, who was said to have got the left thumb
impression of the deceased compared with those found in the other exhibits
E such as passport applications etc. After completing the investigation, a charge
sheet was filed on 25 .3 .1996 against the accused for offences under Sections
120B, 364, 302, 392, 201 and 34, IPC.

The learned Trial Judge as well as the High Court noticed the following
incriminating Circumstances lending credence to the prosecution case of
F commission of the offence by. the accused and leading to the guilt of the
deceased, namely, (I) that the three accused were together in the Car; (2) that
the Car was entrusted to the accused persons, particularly A-3 as its Driver
and A-2 as its Cleaner; (3) that the Car in which all the three accused were,
when it was intercepted at Marina at Chennai, was found carrying the articles,
which were proved to be that of the deceased as also those entrusted to him
G by others and were in his possession; (4) that when PW-4 asked A-1 to show
the Passport, he produced the same which really belonged to the deceased
and from the suitcase of the deceased found in the Dicky even the driving .,.,
license of the deceased was retrieved; (5) that all the recoveries of the articles
from the car were on the early hours of 11.3 .1994 even prior to the discovery
H of the body of the deceased in almost less than 24 hours; (6) that the articles
EZHILANDORS. v. STATE OFTAMILNADU [RAJU,J.] 439

with blood stains, particularly the bed-sheet, lungi and chappals recovered A
from the car, were found vide the Serologist Report (Ex.P43) with human
blood and there is absolutely no reasonable explanation for the same; (7) that
the accused did not give any reasonable explanation for all the stolen articles
being found in their possession immediately after the occurrence; (8) that the
deceased was serving in Saudi Arabia and when he was due to visit India, he B
was entrusted with certain articles by PW-15 and PW-23 also, which were
identified and proved by them; (9) the arrival of the deceased at Chennai
Airport at 6.30 a.m. on 10.3.1994; (10) the recovery of dead-body of
Masukuthu Ali and the articles; and (I I) the accused showing the scene of
offence when taken by PW-26. The High Court, in spite of expressing certain
doubts as also want of faith on some of the witnesses and the statements in C
Court and recording its inability to agree with the observations of the Trial
Court in relation to such aspects, chose to place strong reliance upon the
recovery of the articles belonging to as well as in the possession of the
deceased when he arrived from abroad from the possession and custody of
the accused shortly after the commission of the offence and applying the
presumption in Illustration·(a) to Section 114 of the Indian Evidence Act and D
noticing the absence of any plausible or reasonable explanation for being in
possession of those articles, finally held that notwithstanding the fact that
they cannot be convicted under Sections 364 and 201, !PC, the conviction
under Sections 302 and 392 read with Section 34, !PC, would stand affirmed.
E
The case rests purely on circumstantial evidence and the most vital
circumstance to prove the case of the prosecution is the recovery of the
articles belonging to and in possession of the deceased as well as the blood
stained articles from the car in the exclusive possession of the accused, about
which there could be no reasonable or plausible explanation by any of the
accused. Since the questions very much depend upon the drawl of presumptions F
engrafted in Section l 06 and illustration (a) to Section 114 of the Evidence
Act, over which only there has been serious contest by the learned counsel
for the appellant, it is appropriate to notice the principles governing the same,
before undertaking any consideration of the justification to apply them to the
'acts of the case. The entire case law on the subject has been extensively
reviewed by this Court in a decision reported in Sanjay Alias Kaka v. State G
(NCT of Delhi, [2001] 3 SCC 190 authored by one of us (R.P. Sethi, J) and
it was held that courts can draw presumptions under Section 106 and illustration
(a) to Section l 14 of the Evidence Act, and to attract and apply illustration
(a) to Section 114 the nature of evidence adduced must be seen to find,
among other things the 'important time factor'. Though no standard time H
440 SUPREME COURT REPORTS [2002] 3 S.C.R.

A limits can be fixed to determine whether the possession is recent or otherwise,
each case must be judged on its own facts and in a case where there is no
plausible explanation by the accused for lawful possession of the articles
belonging to the deceased, immediately after the murder, the courts cannot
be held to be in error in considering that murder and robbery were integral
B parts of the same transaction giving rise to the presumption that the appellants
not only committed the murder of the deceased but also committed robbery
of articles found in the possession of the deceased. As observed by this Court
in State of West Bengal v. Mir Mohammad Omar and Ors., [2000] 8 SCC
382, the pristine rule that the burden of proof is on the prosecution to prove
the guilt of the accused should not be taken as a fossilized doctrine, admitting
C no process of an intelligent reasoning even when the doctrine of presumption
considered to be not a rule alien to the above has become statutorily recognized
and engrafted in Section 114 and other provisions of the Evidence Act.
Permitting a presumption of fact, otherwise doubtful, by a process of reasoning
and inference from other proved facts having regard to the common course
of natural events, human conduct etc., in relation to the facts of the case, was
D found necessary by the legislature to ensure a rational, realistic and genuine
approach while administering justice in criminal trial for arriving at the truth
and there is no scope for adopting any hyper technical approach or extend
undue latitudes in favour of the accused, which only tend to cause erosions
in the maintenance of law and order in society otherwise essential in the
E larger interests of society and mankind.

So far as the case on hand is concerned some of the basic and vitally
important facts necessary for drawing the presumption by applying illustration
(a) to Section 114 of the Evidence Act, are found to have been substantiated
and proved beyond reasonable doubt, by overwhelming evidence on record.
F That the car in question (M.0.91) belonging to PW-11 was entrusted to the
third accused and the second accused, the cleaner also accompanied him
from Karaikal and they reached Madras Airport by about 2 a.m. on the early
hours of 9.3.94 and that on 9.3.94 at 7 a.m. the third accused, who knew
earlier the first accused and who used to hire persons for his car at the airport
G was met and asked whether there are any parties available to return back and
from that time onwards till, all the accused were found together in the car
when they were intercepted, interrogated and articles seized from the dickey
of the car stand proved by the very admissions made in the written statement
filed by the third accused under Section 233 (2) of the Cr.P.C. and also stated
to have been adopted by the other accused. The presence of all the accused
H in the car when the same was intercepted and interrogated on the Marina at
EZHILANDORS. v. STATE OFTAMILNADU [RAJU, J.] 441

Chennai with all the articles recovered, in the dickey of the car have been A
found established by other evidence, even dehors the written statement.

The further facts found proved are that the dickey of the car contained
seven parcels of which one was bearing label "A.K. Jamal Mohammed
Thamam Dharam-Madras" M.0.8. PW-15 Fazhil Mohammed, who claimed
to know the deceased and working in abroad in 1994, has stated that he sent B
the parcel and the articles in the parcels M.0.96 and M.0.97, identified by
... him to be the very same carried in the name of A. Faizal. All the seven
parcels were found to contain clear cut address slips and noticed even in the
mahazar Ex.Pl6 prepared by PW-4 and the First Information Report Ex.Pl 7.
PW-23, S.M. Jinnah, was, at the relevant point of time, working in Saudi C
Arabia and who knew the deceased working at Thamam also claims to have
sent one parcel on 5.3.94 to be delivered to his house at Vadakarai Village,
containing M.O.s.15, 18, 19, 24 series, 102 series, 29 series and M.O. 103.
Serial No. 67(f) mentioned in Ex.Pl6 bearing the name S.M. Jinnah refers to
textile parcel and conforms to the relevant M.Os. Entries at serial Nos. 2, 6,
7 and 12 conformed to the other articles covered by the M.Os., in respect of D
which no challenge seem to have been made also in the cross examination.
The passports and the driving licence, which belonged to the deceased, though
in different names but the identity of the person from the photo in all of them
pointing towards the deceased stood established firmly and remained un-
assailed. The blood stained articles recovered from a plastic bag, concealed E
under the mat in the dickey of the car viz., (I) Metal blade (2) Cigar lighter
(3) Bed sheet, (4) Chappals and (5) Lungi were sent to chemical examination
and the bed sheet, chappals and lungi were found to contain human blood,
though due to disintegration, the further grouping or classification in respect
of others were found not possible. The ring M.0.89 and watch M.0.90
belonging to the deceased and some of the exclusive personal belongings F
such as purse, passport were also seized from the car .. Though an attempt has
been made to disown recovery of these from their possession, the claims and
stand taken in this regard on behalf of the accused seem to be not only
farfetched but such stories do not inspire any confidence and in our view
have been rigi1tly rejected by both the courts below, for valid and just reasons
after a proper appreciation of the same. There is no justification to discredit, G
disbelieve or reject the evidence of PW-4 who handled the case from the time
of interception till submission of the report and production of the materials
recovered before the Court at the first time.

The interception and initial interrogation of the accused in the car was H
442 SUPREME COURT REPORTS [2002] 3 S.C.R.

A at about 5 A.M. on 11.3.94 and after preparation ofmahazar, they were taken
to the Zam Bazaar Police Station by 8 a.m. and after further formalities
undertaken and preparation of the printed FIR Ex.Pl 7, the accused and the
evidence gathered were sent under Form No. 95 to the .13th Metropolitan
Magistrate Court. In the meanwhile, as noticed earlier at about 12.30 p.m. on
11.3.94 PW-2 first saw the dead body and by about 2.30 p.m. the complaint
B Ex.P 1 was prepared by the village Administrative Officer and lodged with
Olakkur Police Station. On receipt of the information from the Sub Inspector,
the Inspector of police, Tindivanam, went to the said Police Station at about
3.20 P.M. and after holding inquest and the usual and necessary formalities
sent the dead body to the Government hospital by 11 P.M. The autopsy was
C conducted by PW-22, the Government Doctor at 1 P.M. on 12.3.94 and the
post-mortem report Ex.P35, as well a~ final opinion marked as Ex.P33 (a)
was prepared showing that injury No. I sustained· by the deceased could be
fatal and cause death and could have been caused by a stab inflicted with the
knife M.0.12. During the course of trial, the Doctor opined that the deceased
D might have died 48 hours prior to the autopsy and the same helped the Courts
to fix the death somewhere prior to 1 P.M. on 10.3.94 or within 12 hours
prior t~ that. The death indisputably was a homicidal death.

Though, the learned counsel for the appellants attempted to discredit
the evidence by pointing out some minor variations and contradictions, we
E are of the view that the appreciation of evidence by the High Court, and
broadly even by the Trial Court, could not said to be either arbitrary or
perverse or considered to suffer any patent infirmities or illegalities so as to
vitiate the findings. It is not every discrepancy or contradiction that renders
the witness or evidence tendered by him unacceptable or tainted so as to call
for their rejection in toto. On a consideration of the evidence, to which our
F attention has been invited and on going through the judgments of the courts
below, particularly of the High Court, we find that the evidence has been
carefully scrutinized noticing the contradictions and infirmities wherever found
and properly marshelled and analyzed before affirming the verdict of guilt
fecorded by the Trial Court in respect of offences under Sections 392 and
302 read with Section 34, I.P.C .
.G
The possession by the accused, no doubt in the dickey of the car entrusted
to the third accused, in which along with him only the 1st and the 2nd
accused alone were found present at all relevant and material points of time,
of the articles belonging to as well as those supposed to be in the possession
H of the deceased having been entrusted with them by PW-15 and PW-23 and
'
EZHILANDORS. v. STATEOFTAMILNADU [RAJU,J.] 443

others, as per the address slips found on the parcels, some of whom are the A
personal belongings of the deceased, which should have been only in his
custody, have been substantiated by the prosecution by cogent and convincing
evidence and accepted concurrently by both the courts below. Such possession
by the accused is very much proximate in point of time to the death of the
deceased to constitute whole thing an integrated affair and the controversy B
sought to be raised about the actual date of arrival (whether it is 9th or 10th
March, 1994) even pales into insignificance, with the strong material glaringly

.. starring against the accused. The accused have not been able to properly or
reasonably explain as to the legitimacy or origin of their possession of the
articles carried by the deceased when he arrived from abroad at the airport
at Chennai. In such circumstances, since the facts relating to the same being C
especially within the exclusive knowledge of the accused, the legislature
engrafted a special rule in Section I 06 of the Evidence Act, to meet certain
exceptional cases in which not only it would be impossible but
disproportionately difficult for the prosecution to establish such facts which
are specially and exceptionally within the exclusive knowledge of the accused
and which he could prove without difficulty or inconvenience. The appellants D
in this case have miserably failed to explain their lawful possession of those
articles with them that really belonged to and were in the possession of the
deceased when he landed at the airport at Chennai. Consequently, it was
legitimate for the courts below, on the facts and circumstances of this case,
to draw the presumption not only of the fact that they were in possession of E
the stolen articles after committing robbery but also committed the murder of
the deceased, keo;:iing in view the proximity of time within which the act of
murder was supposed to have been committed and body found and the articles
recovered from the possession of the accused. The conclusions, in this regard,
concurrently recorded by both the courts below are unassailable and do not
call for our interference, within the area permissible for interference in an F
appeal entertained under Article 136 of the Constitution of India only wherein
it is shown that on the proved facts wrong inference of law has been drawn
or the conclusions on facts are manifestly perverse and based on no evidence.
No such infirmities could be successfully substantiated on behalf of the
appellants in this case, to warrant any such interference.
G
So far as the quantum of sentence also we are not persuaded to differ
from the view taken by the courts below. A grave act of depravity, to kill an
innocent person only for the purpose of enriching themselves of the fortunes
brought by the deceased, who unaware of their diabolical scheme got lured
into their company for a safe travel to his destination, deserves to be dealt H
444 SUPREME COURT REPORTS [2002] 3 S.C.R.

A with iron hand and the imposition of 10 years rigorous imprisonment for the
offence of robbery under Section 392, IPC and rigorous imprisonment for
life for the offence of murder under Section 302, IPC cannot be considered
to be either harsh or so grossly disproportionate as to shock the conscience
of this court. The appeals fail and shall stand dismissed.

B T.N.A. Appeals dismissed.