Supreme Court of India
SONVIR @ SOMVIRversusTHE STATE OF NCT OF DELHI
- Citation
- 2018 INSC 562
- Decided
- 2 July 2018
- Disposal
- Appeal(s) allowed
- Bench
- ASHOK BHUSHAN
Holding
The prosecution failed to establish a complete chain of circumstances linking the appellant to the murders, rendering the circumstantial and fingerprint evidence insufficient for conviction.
Summary
The appellant, Sonvir, was convicted along with two others for a double murder under Sections 302, 392 and 34 of the IPC based largely on circumstantial evidence such as recovered jewellery, a blood‑stained knife, a blood‑stained shirt, a Maruti van, and fingerprint matches. The appellant challenged the admissibility of these pieces of evidence, arguing that the recoveries were implausible, the blood‑group matches were insufficient, and the fingerprints were taken without a magistrate’s order and in the absence of any rules under Section 8 of the Identification of Prisoners Act, 1920. The Supreme Court held that none of the alleged recoveries could be treated as incriminating because the prosecution failed to establish a complete chain of circumstances linking the appellant to the crime, and that the lack of rules does not invalidate the police’s power under Sections 3 and 4 of the Act. Consequently, the Court found the circumstantial evidence insufficient to prove guilt beyond reasonable doubt. The appeal was allowed, the appellant was acquitted of all charges, and ordered to be released.
Issues considered
- The admissibility of jewellery, cash, knife, shirt, and vehicle recoveries as incriminating evidence.
- The relevance and probative value of blood‑group matching of the recovered shirt to the deceased.
- The admissibility of fingerprint evidence taken without a magistrate’s order and in the absence of rules under Section 8 of the Identification of Prisoners Act, 1920.
- Whether the prosecution established a complete chain of circumstances sufficient for conviction under Sections 302, 392 and 34 IPC.
- The effect of non‑framing of rules under Section 8 on the exercise of powers under Sections 3 and 4 of the Identification of Prisoners Act.
Legislation cited
- Code of Criminal Procedure, 1973s. 313
- Identification of Prisoners Act, 1920s. 3, s. 4, s. 5, s. 8
- Indian Evidence Act, 1872s. 45
- Indian Penal Code, 1860s. 120-B, s. 302, s. 34, s. 392, s. 397
Subjects
circumstantial evidenceidentification of prisoners actfingerprint evidenceblood group evidencemurder convictionacquittalsection 34 IPCchain of circumstancesrules under Section 8magistrate order
Judgment
830 [2018]REPORTS
SUPREME COURT 7 S.C.R. 830 [2018] 7 S.C.R.
A SONVIR @ SOMVIR
v.
THE STATE OF NCT OF DELHI
(Criminal Appeal No. 958 of 2017)
B
JULY 02, 2018
[ASHOK BHUSHAN AND INDU MALHOTRA, JJ.]
Penal Code, 1860:
C
ss. 302 and 392 u/s. 34 – Prosecution of three accused,
including appellant (accused No. 2) – For double murder – u/ss.
120-B, 302, 392 and 397-IPC – Trial court relying on the
circumstantial evidence viz. recoveries at the behest of the accused
and the report of the fingerprint expert, convicted all the accused –
D High Court, upheld conviction of appellant-accused No. 2 and
accused No. 1 – Accused No. 3 was acquitted granting benefit of
doubt – Appeal by accused No. 2 – Held: In the facts and
circumstances of the case, recoveries cannot be taken as
incriminating evidence – Prosecution has failed to make out the
complete chain of circumstances to establish the guilt of the
E
appellant-accused beyond reasonable doubt.
Evidence:
Circumstantial evidence – Held: In cases of circumstantial
evidence, every circumstance has to be proved beyond reasonable
F doubt – Chain of circumstances should be so complete and perfect
that only inference of the guilt of the accused should emanate
therefrom.
Identification of Prisoners Act, 1920:
G ss. 3, 4, 5 and 8 – Power of Police officer u/s. 4 – Whether
can be exercised in absence of Rules framed u/s. 8 – Held: Non-
framing of any rules u/s. 8 does not prohibit the exercise of powers
given u/ss. 3 and 4.
H
830
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 831
Allowing the appeal, the Court A
HELD:
Per Indu Malhotra, J.
1. As per the prosecution case, 15 items of golden jewellery,
2 items of silver, 6 silver coins and Rs. 50,000/- in cash were B
allegedly recovered from Appellant-Accused No. 2 at the time of
his arrest, which was 16-17 days after the date of the occurrence
of the offence. The said jewellery and cash belonged to the
deceased. Appellant-Accused No. 2 in his statement recorded
under Section 313 Cr.P.C. stated that the recovery was planted, C
and that he had been falsely implicated. It is improbable and
unnatural that 16-17 days after the date of occurrence of the
offence, when each of the accused was apprehended, each of them
was found holding bags of jewellery. The brother of deceased-
PW-4 had denied the suggestion of the prosecution that he was
shown the jewellery recovered from the possession of the accused D
persons, or that he identified the jewellery articles to be belonging
to the deceased. The jewellery articles were not identified to be
of the deceased. In these circumstances, the alleged recovery of
jewellery and cash from appellant-accused No. 2 could not be
taken as a piece of incriminating evidence. [Para 6.1][841-E-H;
E
842-A-C]
2. As regards recovery of a blood-stained knife, the knife
was found to be stained with human blood, no blood grouping
could be given. The High Court found that in the absence of any
witness identifying the weapon of offence used in the commission
F
of crime, or the opinion of the post-mortem doctors that the injury
was possible by the said knife, or the FSL report regarding the
blood of the deceased being found on the said knife, the knife
cannot be said to be connected with the offence. Therefore, the
weapon of offence allegedly recovered from appellant-accused
No. 2 and used in the commission of the crime, cannot be taken G
as a piece of incriminating evidence against him. [Para 6.2][842-
C-F]
3. The blood-stained shirt recovered at the instance of
appellant-accused No. 2 was sent for analysis to the FSL. As per
H
832 SUPREME COURT REPORTS [2018] 7 S.C.R.
A the FSL report (Ex. PW-33/A), the shirt was found to be stained
with human blood of “B” group, which was the same “blood group”
as that of the deceased. The High Court held the recovery of the
blood-stained shirt from appellant-accused No. 2 to be
incriminating against him, since the blood samples taken from
the bed-sheet at the scene of crime, were also found to be of the
B
same blood group. The mere matching of the blood-group of the
blood samples taken from the bed-sheet at the scene of crime,
and the blood-stained shirt recovered from appellant-accused No.
2 cannot lead to the conclusion that the appellant had been
involved in the commission of the crime. The prosecution has
C not proved that the room from where the blood-stained knife and
blood-stained shirt were allegedly recovered, was in the exclusive
possession of the appellant. Therefore, the recovery of the blood-
stained shirt from appellant-accused No. 2 cannot be used as an
incriminating piece of evidence. [Para 6.3][842-G-H; 843-A-B,
C-D, F-G]
D
Prakash v. State of Karnataka (2014) 12 SCC 133;
Debapriya Pal v. State of West Bengal (2017) 11 SCC
31 : [2017] 1 SCR 566 – relied on.
4. The recovery of the Maruti Van and the broken number
plate was held to be a piece of incriminating evidence against
E accused No.1 and appellant-accused No. 2 by the trial court. PW-
30 had stated in his cross-examination that no public person/
independent witness was present at the time of the alleged
recovery. While PW-23 stated that the broken number plate was
allegedly recovered from the garbage dump, PW-30 and PW-32A
F stated that it was allegedly recovered from the bushes. The
absence of any independent witness of the alleged recoveries,
and the discrepancy in the statements of the police officers, makes
the prosecution case doubtful. [Para 6.4][844-A-B, E-F]
5. The prosecution relied upon the report tendered by the
Finger Print Expert PW-35, to state that the finger impressions
G
obtained from appellant-accused No.2 matched with the chance
prints obtained from the scene of crime. The specimen chance
prints of both these accused viz. Accused No. 1 and appellant-
accused No. 2 were taken by the I.O. PW-32A, without obtaining
any order of a Magistrate whilst the accused were in police
H custody. [Para 6.5][844-G; 845-C]
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 833
6. Thus, in the aforesaid facts and circumstances of the case, A
the prosecution has failed to make out the complete chain of
circumstances to establish the guilt of the appellant beyond
reasonable doubt. [Para 7][848-E]
Per Ashok Bhushan, J. (concurring)
1.1 The scheme of the Identification of Prisoners Act, 1920 B
indicates that Section 3, Section 4 and Section 5 are separate and
independent provisions pertaining to taking of measurements.
Measurement has been defined under Section 2(a) to include
finger impression and footprint impression. In the present case,
it is the Police Officer, who have taken fingerprints of the appellant
after he was arrested which is referable to Section 4 of the Act. C
[Para 8][848-D-E]
1.2 The purpose and object of empowering Police Officer
to take fingerprints in an offence punishable with rigorous
imprisonment for a term of one year or upwards is for offences of
trivial nature. Where rigorous imprisonment is less than one year D
Police officer is not empowered to take fingerprints. The use of
words “rigorous imprisonment for a term of one year or upwards”
does not negate the punishment of life imprisonment or death.
The object of the Section was not to empower the Police Officer
to take fingerprints in trivial offences where imprisonment is less E
than one year but the provision cannot be read to mean that Police
Officer does not have such power if imprisonment is for life or
capital punishment. The reading of Section 4 in the manner
suggested in Sapan Haldar case will negate the very purpose of
empowerment of Police Officer to take the fingerprints. [Paras
26 and 27][855-D-F] F
1.3 Non-framing of any rules under Section 8 by the State
Government does not prohibit the exercise of powers given under
Sections 3 and 4 of the Act. Exercise of power under Sections 3
and 4 is hedged by conditions as prescribed but in a case where
no rules have been framed, the authorities as empowered under G
Sections 3 and 4 are not denuded of their powers to act under
Sections 3 and 4. If the interpretation that in absence of rules
framed under Section 8, no power can be exercised under Sections
3 and 4 is accepted, the provisions of Sections 3 and 4 shall
become dead letter, which has never been the intention of the
legislature in enacting the 1920 Act. [Para 48][864-B-C] H
834 SUPREME COURT REPORTS [2018] 7 S.C.R.
A 1.4 The High Court in the impugned judgment has discarded
the chance evidence of palm impression by observing “no rules
having been framed in Delhi and procedure as prescribed in
Section 5 of Identification of Prisoners and having not been
followed, we would thus discard the evidences of palm
impressions”. Whether there were any executive instructions
B
regarding taking of fingerprints in State of Delhi or not is an issue
on which there is no clear materials. It is not the case of the
appellant before any Court that fingerprints were taken in
disregard of any executive instructions applicable in the State of
Delhi. Therefore, the view of the High Court that evidence of
C fingerprints of the accused has to be discarded cannot be
supported. [Paras 49, 51][864-D-E; 865-A]
V.T. Khanzode and Others v. Reserve Bank of India and
Another (1982) 2 SCC 7 : [1982] 3 SCR 411 – followed.
Surinder Singh v. Central Government & Ors. (1986) 4
D SCC 667 : [1986] 3 SCR 946 – relied on.
*Sapan Haldar & Another v. State 191 (2012) DLT
225 – disapproved.
Shankaria vs. State of Rajasthan (1978) 3 SCC 435;
E Mohd. Aman and Another v. State of Rajasthan (1997)
10 SCC 44; State of Madhya Pradesh v. Devendra
(2009) 14 SCC 80 : [2009] 8 SCR 98; State of Uttar
Pradesh v. Ram Babu Misra (1980) 2 SCC 343:[1980]
2 SCR 1067; Mahmood vs. State of U.P. AIR 1976 SC
69 : (1976) 1 SCC 542; Thavaraj Pandian & Ors v.
F State 2003 Cri. L.J.2642; Prakash v. State of Karnataka
(2014) 12 SCC 133 – referred to.
2. Even if, it is accepted that fingerprints of appellant’s,
chance print Mark Q5 was identical to the specimen of left palm
impression of appellant-accused No.2, it does not complete the
G chain of circumstances unerringly pointing out fingers to the
appellant, that it was the appellant who committed the murder.
Every circumstance would have to be proved beyond reasonable
doubt and further the chain of circumstances should be so
complete and perfect that the only inference of the guilt of the
accused should emanate therefrom. Thus, even if, above evidence
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 835
is not discardable the entire chain of circumstances is not A
complete to unmistakeably point out the guilt to the appellant.
The appellant stands acquitted of the charges under Sections 302,
392 read with Section 34 of the IPC. [Paras 52, 53 and 54][865-
B-F]
Ramesh and Others v. State of Rajasthan (2011) 3 SCC B
685 : [2011] 4 SCR 585 – relied on.
Case Law Reference
In the judgment of Indu Malhotra, J.
(2014) 12 SCC 133 relied on Para 6.3
C
[2017] 1 SCR 566 relied on Para 6.3
In the judgment of Ashok Bhushan, J.
(2012) DLT 225 disapproved Para 9
(1978) 3 SCC 435 referred to Para 14
D
(1997) 10 SCC 44 referred to Para 14
[2009] 8 SCR 98 referred to Para 14
[1980] 2 SCR 1067 referred to Para 14
(1976) 1 SCC 542 referred to Para 18
E
2003 Cri. L.J.2642 referred to Para 24
(2014) 12 SCC 133 referred to Para 33
[1982] 3 SCR 411 followed Para 41
[1986] 3 SCR 946 relied on Para 44
F
[2011] 4 SCR 585 relied on Para 52
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
958 of 2017.
From the Judgment and Order dated 10-12-2014 of the High
Court of Delhi in Criminal Appeal Nos.1300 of 2014. G
Harinder Mohan Singh, Ms. Shabana, Ajay Gupta Rishi Chawla,
Advs. for the Appellant.
Sandeep Sethi, ASG, P. K. Dey, S. S. Ray, B. V. Balram Das,
Advs. for the Respondent.
H
836 SUPREME COURT REPORTS [2018] 7 S.C.R.
A The Judgment of the Court was delivered by
INDU MALHOTRA, J. 1. The present Criminal Appeal has
been filed by the Appellant-Accused No. 2 against the judgment and
order dated 10th December 2014 passed by the Delhi High Court in
Criminal Appeal No.1300 of 2014. The appellant, along with Accused
B Nos. 1 and 3, were convicted for offences punishable under Sections
302, 392 read with Section 34 of the IPC by the Sessions Court. The
High Court affirmed the sentence awarded to Accused Nos. 1 and 2.
The present appeal has been preferred by the Appellant-Accused No.
2. Accused No. 1 has apparently not challenged the judgment of the
High Court, and is serving the sentence awarded.
C
1.1 The prosecution case is that on 20th October 2009, the PCR
received information at 11:45 a.m. from some secret informer
stating that House No. C-190, Kinner Wali Building, Shaheen
Bagh, New Delhi, was locked and there was something wrong
inside. The police opened the main gate with the help of a key
D maker. On entering the main gate, dried blood was found on
the floor, and on the right side a Maruti car bearing No. 800
DL-6CA-3414 was found parked with all four tyres deflated.
On the left-hand side, inside the bathroom, the dead body of
Meena Kinner, aged 30 years, was found with injury marks on
E the neck and right arm. On the first floor, the dead body of
one Vimlesh Kinner, aged 45 years, was found on the double
bed. The body of Vimlesh had injury marks on the neck, chest,
arm, toe, index finger etc. Articles were found scattered in the
house. Both the deceased were persons of the third gender.
F 1.2 Post-mortem was conducted on the body of Vimlesh by Dr.
Sunay M (PW-2) who opined that the cause of death was
shock due to haemmorhage caused by injuries from a sharp
weapon. Dr. Susheel Sharma (PW-7) conducted the post-
mortem on the body of deceased Meena. The injuries were
found sufficient to cause death in the ordinary course of nature.
G The injuries were caused by a sharp pointed heavy weapon.
1.3 The Investigating Officer (“I.O.”) - Inspector Amrit Raj (PW-
32A), got the FIR registered on the statement of Khalil Ahmed
(Accused No. 3) who introduced himself as being in the
relationship akin to that of a husband and wife with the
H deceased Vimlesh.
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 837
[INDU MALHOTRA, J.]
Sub-Inspector Naresh Kumar Sharma (PW-8), A
In-charge of the Fingerprint Bureau, Crime Branch, Kamla
Market visited the spot, and picked up six chance prints.
1.4 On 3rd November 2009, at about 8:30 pm on the basis of secret
information, the police apprehended Sultan @ Rajesh (Accused
No. 1) who was the driver of the deceased Vimlesh. Sultan @ B
Rajesh (Accused No. 1) allegedly disclosed that Sonvir @
Somvir (Appellant-Accused No. 2) a taxi-driver, Khalil Ahmed
(Accused No. 3), and “N” (Juvenile) were also involved in the
conspiracy with him. As per the prosecution case, Sultan @
Rajesh (Accused No. 1) at the time of being apprehended,
was allegedly found to be carrying a black bag on his shoulder C
containing 15 items of golden jewellery, 2 pairs of payjeb, 6
silver coins, Rs. 2,00,000/- in cash, one wrist watch of ICICI
make, and two photographs of the deceased Vimlesh.
1.5 Later the same day at night, Sultan @ Rajesh (Accused No.
1) led the police to Sonvir @ Somvir (Appellant-Accused No. D
2), who was staying in a room in the house of Teja Chaudhary.
At the time of arrest, Sonvir @ Somvir (Appellant-Accused
No. 2), was allegedly also carrying a black coloured bag
containing 15 items of golden jewellery, 2 items of silver, 6
silver coins and Rs. 50,000/- in cash. Sonvir @ Somvir E
(Appellant-Accused No. 2) led the police to his room, and
brought out a blood-stained knife, and a blood-stained shirt,
from a bucket.
1.6 It is further alleged that the police apprehended Khalil Ahmed
(Accused No. 3) at Hari Nagar who was also allegedly carrying F
a bag with him. On searching the bag, some golden jewellery,
2 wrist watches, and Rs. 3,00,000/- in cash were allegedly
recovered at about 4.35 a.m. on 4th November 2009.
1.7 Khalil Ahmed (Accused No. 3) then led to the arrest of “N”
(Juvenile) on 4th November 2009. “N” (Juvenile) was sleeping G
on the floor with a bag under his pillow. On searching the bag,
some jewellery items, 1 Nokia 6600 mobile phone and Rs.
32,000/- in cash were allegedly recovered.
1.8 On 7th November 2009, Sultan @ Rajesh (Accused No. 1)
and Sonvir @ Somvir (Appellant-Accused No. 2) led the police
H
838 SUPREME COURT REPORTS [2018] 7 S.C.R.
A to Village Bhind, District Morena for the recovery of a Maruti
van belonging to Vimlesh. The Maruti van with the broken
number plate had already been seized by ASI Udai Bhan Singh
Parmar (PW-23) on 1st November 2009 from Gate No. 2 of
the Punj Llyod Factory at Noorabad. It was handed over to
the I.O. - SI Amrit Raj (PW-32A) on 8th November 2009. The
B
Maruti van along with the articles in it were seized by the I.O.
- SI Amrit Raj (PW-32A). A broken number plate was allegedly
recovered by the police near Gate No. 2 of the Punj Llyod
Factory at Noorabad at the instance of Sultan @ Rajesh
(Accused No. 1) and Sonvir @ Somvir (Appellant-Accused
C No. 2).
1.9 On 12th November 2009, Sultan @ Rajesh (Accused No. 1)
led the police to the garage of Quarter No.86, Type-II, Jal
Vihar and brought out a polythene bag after digging the earth.
The said polythene bag allegedly contained Rs. 40,000/- in cash
D and 2 golden chains.
1.10 The I.O - SI Amrit Raj (PW-32A), obtained finger impressions
of two of the accused viz. Sultan @ Rajesh (Accused No. 1)
and Sonvir @ Somvir (Accused No. 2) whilst they were in
police custody.
E 1.11 The finger impressions were taken by the I.O. – SI Amrit
Raj (PW-32A), without obtaining the permission of the
Magistrate as per Section 5 of the Identification of Prisoners
Act, 1920.
1.12 There is no eye witness of the incident. The case is based
F wholly on circumstantial evidence.
1.13 That since “N” was a juvenile, he was proceeded separately
by the Juvenile Justice Board.
1.14 The trial proceeded against the three accused viz. Sultan @
Rajesh (Accused No. 1), Sonvir @ Somvir (Appellant-Accused
G
No. 2), and Khalil Ahmed (Accused No. 3). Khalil Ahmed
(Accused No. 3) stated that he was in a relationship akin to
that of a husband and wife with the deceased Vimlesh. Sultan
@ Rajesh (Accused No. 1) was employed as a driver by
Vimlesh; whilst Sonvir @ Somvir (Accused No. 3) was a taxi
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 839
[INDU MALHOTRA, J.]
driver, whose taxi had been engaged by Vimlesh on some A
occasion, as per Sonvir @ Somvir’s statement recorded under
Section 313 of the Cr.P.C.
2. The Trial Court vide Judgment and Order dated 3rd June 2014
convicted all the three accused for offences punishable under Sections
302 and 392 r.w. Section 34 of the IPC. B
2.1 The Trial Court held that most of the injuries were stab wounds/
laceration/incised wounds. Apart from this, it was found that
the articles in the house of the deceased were found scattered,
which made it clear that the victims were killed because of
robbery. The Trial Court notes that none of the accused claimed C
the jewellery items/cash allegedly recovered from their
possession as belonging to the them. The accused submitted
that they had been falsely implicated in the case.
The Trial Court records that it is true that no person from the
public was joined at the time of recovery. The recoveries were D
allegedly made only in the presence of police officers i.e. PW-
21, PW-25, PW-31, PW-34 and PW-36.
2.2 With respect to the present appellant, it is alleged that a blood-
stained shirt, and one blood-stained “churra” were recovered
from a plastic bucket lying under a dining table of his room in E
the house of Teja Chaudhary. As per the Scientific Officer,
articles seized from the house of the victim, and the shirts of
the accused, had the same blood group “B”. It is further alleged
that out of the six chance prints marked Q1-Q6, Q5 was
identical with the left palm impression of the present appellant.
F
2.3 The Trial Court holds that the recovery leads to a presumption
that the accused along with the other accused had committed
the robbery. It is further held that it is not established that which
of the accused had caused the fatal blow, using any dangerous
weapon. Similarly, it is not established from the record that the
accused persons had hatched any conspiracy to kill the victims. G
Hence, no offence punishable under Sections 397 or 120-B
IPC is made out.
3. That all the three accused preferred appeals before the High
Court. The High Court granted benefit of doubt to Khalil Ahmed
H
840 SUPREME COURT REPORTS [2018] 7 S.C.R.
A (Accused No. 3) on the ground that the recovery of jewellery and cash
cannot be taken to be incriminating as a stand-alone evidence. That
since Khalil Ahmed (Accused No. 3) has stated that he was in the
relationship of husband and wife with the deceased Vimlesh, Accused
No. 3 could have owned and possessed jewellery and cash.
B 3.1 The High Court has recorded, in paragraph 16 of the Judgment,
that none of the jewellery items were subjected to a Test
Identification Parade during the investigation. Even in the dock,
no witness identified that the jewellery recovered at the instance
of the three accused belonged to the deceased. Further, in
paragraph 18 of the Judgment, the High Court holds that the
C prosecution had not proved that the jewellery recovered from
the appellant belonged to the deceased. Hence, the recovery
of jewellery articles cannot be held to be connected with the
offence.
3.2 In paragraph 19 of the Judgment, the High Court has further
D held that with respect to the alleged recovery of a knife from
Sonvir @ Somvir, on examination by the FSL, no blood grouping
could be given. Furthermore, no opinion was sought from the
post-mortem doctor whether the injuries to the deceased were
possible by the said weapon of offence. In the absence of any
E witness identifying the weapon of offence used in the
commission of crime, or the opinion of the post-mortem doctor
that the injury was possible by the said knife, or the FSL report
regarding the blood of the deceased being found, the knife
could not be said to be connected with the offence, and cannot
be used as a piece of incriminating evidence against him.
F
3.3 The High Court dismissed the appeals filed by Sultan @ Rajesh
and Sonvir @ Somvir and affirmed the judgment of the Trial
Court on the ground that the prosecution had proved the
recovery of blood-stained shirts at their instance, which were
found to be blood-stained with the “blood group” of the deceased
G i.e. “B” group, unaccounted jewellery and cash, recovery of
the Maruti van, a piece of broken number plate of the said
van.
4. Aggrieved by the judgment of the High Court, Sonvir @ Somvir
(Appellant-Accused No. 2) has filed the present SLP, which was re-
H numbered as Criminal Appeal No. 958 of 2017.
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 841
[INDU MALHOTRA, J.]
Sultan @ Rajesh (Accused No. 1) has apparently not challenged A
the judgment of the High Court, and is undergoing the sentence awarded.
5. The legal evidence relied by the prosecution against Sonvir @
Somvir (Appellant-Accused No.2) is as follows:
(i) recovery of unaccounted jewellery and cash; B
(ii) recovery of the blood-stained knife;
(iii) recovery of blood-stained shirt;
(iv) recovery of abandoned Maruti van and broken number plate;
(v) report of the Forensic Expert stating that the chance prints C
lifted from the scene of crime, matched the finger impressions
obtained from the Appellant whilst he was in police custody.
6. The legal evidence adduced by the prosecution is dealt with
seriatim, to determine whether the prosecution has proved the case for
offences punishable under Sections 302, 392 read with Section 34 of the D
IPC against the present Appellant beyond reasonable doubt.
6.1 ALLEGED RECOVERY OF UNACCOUNTED JEWELLERY AND CASH
As per the prosecution case, 15 items of golden jewellery, 2 items
of silver, 6 silver coins and Rs. 50,000/- in cash were allegedly E
recovered from Sonvir @ Somvir (Appellant-Accused No. 2) at
the time of his arrest on 3rd November 2009, which was 16-17
days after the date of the occurrence of the offence. The said
jewellery and cash belonged to the deceased Vimlesh. Sonvir @
Somvir (Appellant-Accused No. 2) did not claim that the jewellery
F
and cash belonged to him, and failed to give an explanation in his
statement recorded under Section 313 of the Cr.P.C., as to how
he was in possession of such a large amount of jewellery and
cash.
Sonvir @ Somvir (Appellant-Accused No. 2) in his statement
G
recorded under Section 313 of the Cr.P.C. stated that the recovery
was planted, and that he had been falsely implicated.
The prosecution alleged that 16-17 days after the date of
occurrence of the offence, when each of the accused was
apprehended, each of them was found holding bags of jewellery.
H
842 SUPREME COURT REPORTS [2018] 7 S.C.R.
A This seems improbable and unnatural. In the case of Sonvir @
Somvir (Appellant-Accused No. 2), he was apprehended from
his room in the house of one Teja Chaudhary.
The brother of deceased - Vimlesh, one Mohd. Ayub (PW-4) has
denied the suggestion of the learned APP that he was shown the
B jewellery recovered from the possession of the accused persons,
or that he identified the jewellery articles to be belonging to
Vimlesh. The jewellery articles were not identified to be of the
deceased. In these circumstances, the alleged recovery of
jewellery and cash from Sonvir @ Somvir (Appellant-Accused
No. 2) could not be taken as a piece of incriminating evidence.
C
6.2 ALLEGED RECOVERY OF BLOOD-STAINED KNIFE
As per the prosecution, a blood-stained knife was also recovered
from Sonvir @ Somvir (Appellant-Accused No. 2), at the time of
his arrest. As per the FSL report (Ex. PW-33/A), while the knife
D was found to be stained with human blood, no blood grouping
could be given. The High Court, in paragraph 19 of its judgment,
found that in the absence of any witness identifying the weapon
of offence used in the commission of crime, or the opinion of the
post-mortem doctors that the injury was possible by the said knife,
or the FSL report regarding the blood of the deceased being found
E on the said knife, the knife cannot be said to be connected with
the offence. On the basis of the above finding, the High Court
concluded that the recovery of the knife at the instance of Sonvir
@ Somvir (Appellant-Accused No. 2) cannot be used as a piece
of incriminating evidence against him.
F As a consequence, the weapon of offence allegedly recovered
from Sonvir @ Somvir (Appellant-Accused No. 2) and used in
the commission of the crime, cannot be taken as a piece of
incriminating evidence against him.
6.3 ALLEGED RECOVERY OF BLOOD-STAINED SHIRT
G
As per the prosecution, a blood-stained shirt was recovered at
the instance of Sonvir @ Somvir (Appellant-Accused No. 2) from
his room in the house of Teja Chaudhary, at the time of his arrest.
The blood-stained shirt was sent for analysis to the FSL. As per
the FSL report (Ex. PW-33/A), the shirt allegedly recovered from
H Sonvir @ Somvir (Appellant-Accused No. 2) was found to be
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 843
[INDU MALHOTRA, J.]
stained with human blood of “B” group, which was the same A
“blood group” as that of the deceased.
In paragraph 20, the High Court held the recovery of the blood-
stained shirt from Sonvir @ Somvir (Appellant-Accused No. 2)
to be incriminating against him, since the blood samples taken
from the bed-sheet at the scene of crime, were also found to be B
of the same blood group.
It is relevant to note that as per the FSL report (Ex. PW-33/A),
both the blood-stained shirt allegedly recovered from Sonvir @
Somvir (Appellant-Accused No. 2) and the blood samples taken
from the bedsheet at the scene of crime were found to be stained C
with human blood of “B” group.
The mere matching of the blood-group of the blood samples taken
from the bed-sheet at the scene of crime, and the blood-stained
shirt recovered from Sonvir @ Somvir (Appellant-Accused No.
2) cannot lead to the conclusion that the appellant had been D
involved in the commission of the crime.
On this issue, reliance can be placed on two decisions of this
Court in Prakash v. State of Karnataka [(2014) 12 SCC 133;
paragraphs 41 and 45] and Debapriya Pal v. State of West Bengal
[(2017) 11 SCC 31; paragraph 8] wherein this Court while deciding E
cases based on circumstantial evidence had held that mere
matching of the blood group cannot lead to the conclusion of the
culpability of the accused, in the absence of a detailed serological
comparison, since millions of people would have the same blood
group.
F
In the present case, the prosecution has not proved that the room
from where the blood-stained knife and blood-stained shirt were
allegedly recovered, was in the exclusive possession of the
appellant. The prosecution case is that the said room was in the
house owned by one Teja Chaudhary. The prosection did not
examine the said Teja Chaudhary to prove that the said room was G
rented to Sonvir @ Somvir and/or was in the exclusive custody of
the appellant.
Therefore, the recovery of the blood-stained shirt from Sonvir @
Somvir (Appellant-Accused No. 2) cannot be used as an
incriminating piece of evidence. H
844 SUPREME COURT REPORTS [2018] 7 S.C.R.
A 6.4 ALLEGED RECOVERY OF THE MARUTI VAN AND THE BROKEN NUMBER
PLATE
The prosecution alleged that both Sultan @ Rajesh (Accused No.
1) and Sonvir @ Somvir (Appellant-Accused No. 2) disclosed
that they had abandoned the Maruti van belonging to Vimlesh 20
B kilometers from Gwalior. They were taken to Morena by the I.O.
- SI Amrit Raj (PW-32A), on 8th November 2009. The Maruti van
with a broken number plate had, however, already been seized by
ASI Udai Bhan Singh Parmar (PW-23) as unclaimed on 1st
November 2009.
C Further, both these accused allegedly led the police party near
Gate No. 2 of the Punj Lloyd Factory at Noorabad from where
the Maruti van had already been recovered, and got recovered
the broken number plate bearing number “86”. The recovery of
the Maruti Van and the broken number plate was held to be a
piece of incriminating evidence against Sultan @ Rajesh (Accused
D No. 1) and Sonvir @ Somvir (Appellant-Accused No. 2) by the
Trial Court.
SI Abhisek Singh (PW-30) had stated in his cross-examination
that no public person/independent witness was present at the time
of the alleged recovery. It is important to note that while ASI
E Udai Bhan Singh Parmar (PW-23) stated that the broken number
plate was allegedly recovered from the garbage dump, SI Abhishek
Singh (PW-30) and Inspector Amrit Raj (PW-32A) stated that it
was allegedly recovered from the bushes. The absence of any
independent witness of the alleged recoveries, and the discrepancy
F in the statements of the police officers, makes the prosecution
case doubtful.
6.5 FORENSIC REPORT REGARDING MATCHING FINGER IMPRESSIONS
The prosecution relied upon the report tendered by the Senior
Finger Print Expert of the Fingerprint Bureau, RN Rawat (PW-
G 35), to state that the finger impressions obtained from Sonvir @
Somvir matched with the chance prints obtained from the scene
of crime.
The Trial Court and the High Court considered the six chance
prints lifted from the first floor of the house by SI Naresh Kumar
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 845
Sharma (PW-8), In-charge of the Finger Prints Bureau, Crime A
Branch. Chance prints Q1 to Q3 were lifted from the iron box on
the first floor, Q4 from the showcase glass, and Q5 and Q6 from
the iron safe. The Senior Finger Prints Expert of the Fingerprint
Bureau, RN Rawat (PW-35), vide his reports (Ex. PW-35/A and
Ex. PW-35/B), opined that the chance print marked Q1 was
B
identical to the specimen right palm impression of Sultan @ Rajesh
(Accused No. 1), while chance print marked Q5 was identical to
the specimen left palm impression of Sonvir @ Somvir (Appellant-
Accused No. 2).
The specimen chance prints of both these accused viz. Rajesh @
Sultan (Accused No. 1) and Sonvir @ Somvir (Appellant-Accused C
No. 2) were taken by the I.O. - SI Amrit Raj (PW-32A), without
obtaining any order of a Magistrate whilst the accused were in
police custody.
This leads to the issue as to whether the report of the Forensic
Expert is admissible in evidence, in light of the provisions of the D
Identification of Prisoners Act, 1920 (“the Act”) since no rules
have been framed prescribed by the Government of NCT of Delhi.
This issue is being dealt with in the separate Judgment by Justice
Ashok Bhushan.
E
7. In the aforesaid facts and circumstances, the prosecution has
failed to make out the complete chain of circumstances to establish the
guilt of the appellant beyond reasonable doubt. As a result, the present
appeal is allowed, and the judgment and order passed by the High Court
dated 10.12.2014 in Criminal Appeal no. 1300 of 2014 is set aside. The
appellant is acquitted of the charges under Sections 302, 392 read with F
Section 34 of the I.P.C. 1860.
ASHOK BHUSHAN, J. 1. I have gone through the elaborate
judgment prepared by Sister Justice Indu Malhotra.
2. The appellant has been convicted under Sections 302, 392 read
G
with Section 34 of the IPC by Addl. Sessions Judge-02:South East Saket
Court, New Delhi. The appeal against the conviction has also been
dismissed by the Delhi High Court by judgment dated 10.12.2014.
Detailed facts of the case including prosecution case and the evidence
on record have been elaborately noted by Sister Justice Indu Malhotra
H
846 SUPREME COURT REPORTS [2018] 7 S.C.R.
A in her judgment. Hence, I feel no necessity to repeat the same. After
elaborate consideration of entire evidence on record Sister Justice Indu
Malhotra has come to the conclusion that appeal should be allowed and
appellant be acquitted.
3. I fully agree with the above view of the Sister Justice Indu
B Malhotra. However, an important question of law pertaining to
interpretation of Sections 4 and 5 of the Identification of Prisoners Act,
1920 being involved in the present appeal, I proceed to consider the
same and give my reasons.
4. Now, I proceed to examine the provisions of the Identification
C of Prisoners Act, 1920.
5. The statement of objects and reasons provides a fair idea of
the purpose and object for which the Identification of Prisoners Act,
1920 (hereinafter referred to as ‘1920 Act’) was enacted. The statement
of objects and reasons reads:
D “The object of this Bill is to provide legal authority for the taking
of measurements, finger impressions, foot-prints and photographs
of persons convicted of, or arrested in connection with, certain
offences. The value of the scientific use of finger impressions
and photographs as agents in the detection of crime and the
E identification of criminals is well known, and modern development
in England and other European countries renders it unnecessary
to enlarge upon the need for the proposed legislation.
The existing system by which the police in India takes finger
impressions, photographs, etc., of criminals and suspected criminals
F is void of legal sanction, except as regards registered members of
criminal tribes, in whose case provision exists for the taking of
finger impressions in section 9 of the Criminal Tribes Act, 1911
(III of 1911). The need for legalizing the practice has long been
recognised, but it was not thought expedient to take the matter up
so long as no practical difficulties arose. Instances have recently
G been reported to the Government of India where prisoners have
refused to allow their finger prints or photographs to be taken.
With a view to prevent such refusals in future it is considered
necessary without further delay to place the taking of
measurements, etc., which is a normal incident of police work in
India as elsewhere, on a regular footing. No measurement, etc.,
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 847
[ASHOK BHUSHAN, J.]
of any person will be taken compulsorily unless that person has A
been arrested.”
6. The above objects and reasons notice that under the existing
system the Police in India takes finger impressions, photographs etc. of
criminals and suspected criminals, which is void of legal sanction. Thus,
the above mischief was sought to be remedied by the 1920 Act. In last B
part of the statement of objects and reasons the purpose has been clearly
mentioned i.e. “with a view to prevent such refusals in future it is
considered necessary without further delay to place the taking of
measurements, etc., which is a normal incident of Police work in India
as elsewhere, on a regular footing”.
C
7. Now, we come to Section 3, 4 and 5 which are relevant for the
present purpose. Section 3 provides for taking of measurements of
convicted persons which is as follows:
“3. Taking of measurements etc., of convicted persons.–
Every person who has been– D
(a) convicted of any offence punishable with rigorous imprisonment
for a term of one year or upwards, or of any offence which would
render him liable to enhanced punishment on a subsequent
conviction; or
(b) ordered to give security for his good behaviour under section E
118 of the Code of Criminal Procedure, 1898 (5 of 1898)shall, if
so required, allow his measurements and photograph to be taken
by a police officer in the prescribed manner.”
Section 4 deals with taking of measurements of non-convicted
persons which is to the following effect: F
“4. Taking of measurements, etc., of non-convicted
persons.– Any person who has been arrested in connection with
an offence punishable with rigorous imprisonment for a term of
one year or upwards shall, if so required by a police officer, allow
his measurements to be taken in the prescribed manner.” G
Section 5 deals with the power of Magistrate to order a person to
be measured or photographed which is as follows:
“5. Power of Magistrate to order a person to be measured
or photographed.– If a Magistrate is satisfied that, for the
H
848 SUPREME COURT REPORTS [2018] 7 S.C.R.
A purposes of any investigation or proceeding under the Code of
Criminal Procedure, 1898, it is expedient to direct any person to
allow his measurements or photograph to be taken, he may make
an order to that effect, and in that case the person to whom the
order relates shall be produced or shall attend at the time and
place specified in the order and shall allow his measurements or
B
photograph to be taken, as the case may be, by a police officer:
Provided that no order shall be made directing any person to be
photographed except by a Magistrate of the First Class:
Provided further, that no order shall be made under this section
C unless the person has at some time been arrested in connection
with such investigation or proceeding.”
8. The scheme of the Act indicates that Section 3, Section 4 and
Section 5 are separate and independent provisions pertaining to taking
of measurements. Measurement has been defined under Section 2(a) to
D include finger impression and footprint impression. In the present case,
it is the Police Officer, who have taken fingerprints of the appellant after
he was arrested which is referable to Section 4 of the Act.
9. The High Court in paras 22 and 23 of the judgment has dealt
with the chance print. In para 22, High Court has observed that the
E specimen chance print of Sonvir alias Somvir was not taken in the
presence of a Magistrate. In para 23 of the judgment reasons have been
given for discarding the evidence of palm impression of appellant.
Following three reasons are decipherable from the judgment:
a. The Full Bench judgment of the Delhi High Court in Sapan
F Haldar & Another vs. State 191 (2012) DLT 225 lays down
that only when by way of rules or executive instruction the manner
is prescribed to take the measurements then alone an IO under
Section 4 of the 1920 Act can obtain the measurements.
b. It would be eminently desirable as per the decision in Mohd.
G Aman and Anr. vs. State of Rajasthan (1997) 10 SCC 44 to
follow the procedure ordained under Section 5 of 1920 Act.
c. No rules having been framed in Delhi and procedure as
prescribed under Section 5 of the 1920 Act having not been followed
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 849
[ASHOK BHUSHAN, J.]
we would discard the evidence of the palm impression of Sonvir A
alias Somvir.
10. Now, we proceed to examine the above reasons.
11. The Full Bench Judgment of the Delhi High Court in Sapan
Haldar and Another (supra) has been heavily relied by the High Court.
The above full Bench was constituted on the subject of admissibility of B
samples, hand writing or signatures obtained from a person accused of
having committed an offence during investigation of a crime by the IO.
12. In para 1 of the judgment while noticing the subject matter of
reference, the Full Bench has also noticed an earlier Full Bench judgment
in Bhupinder Singh vs. State, decided on 30.09.2011. C
13. Before we proceed further, it is necessary to note the Full
Bench judgment of the Delhi High Court. In Bhupinder Singh vs.
State,(Crl.A.No.1005/2008, decided on 30.09.2011) para 1 of the
judgment notices the question which has been referred for adjudication
by a larger bench. Para 1 of the judgment of Bhupinder Singh (supra) D
is as follows:
“1. Expressing doubt with regard to the correctness of the decisions
in Harpal Singh v. State (Criminal Appeal No. 362/2008 decided
on 25th May, 2010) and Satyawan v. State (Criminal Appeal No.
34/2001 decided on 9th July, 2009) wherein the two Division E
Benches had ignored the part of the report of the handwriting
expert on the ground that the investigating officer had taken
specimen handwriting in violation of the provisions of the
Identification of Prisoners Act, 1920( for brevity ‘the 1920 Act’),
the Division Bench that was hearing the Criminal Appeals No. F
1005/2008[Bhupender Singh v. The State (Govt. Of NCT of Delhi)]
and No. 408/2007 [Drojan Singh v. The State (Govt. Of NCT of
Delhi)], referred the following question to be adjudicated by a
larger Bench:
“Whether the sample finger prints given by the accused during G
investigation under Section 4 of the Identification of Prisoners
Act, 1920 without prior permission of the Magistrate under Section
5 of the Act will be admissible or not?”
Under these circumstances, the matter has been placed before
us.”
H
850 SUPREME COURT REPORTS [2018] 7 S.C.R.
A 14. Full Bench in Bhupinder Singh’s case after noticing Sections
3, 4 and 5 of the 1920 Act and referring to the judgments of this Court in
Shankaria vs. State of Rajasthan, (1978) 3 SCC 435; Mohd. Aman
and Another vs. State of Rajasthan, (1997) 10 SCC 44 and State of
Madhya Pradesh vs. Devendra (2009) 14 SCC 80 as well as State
of Uttar Pradesh vs. Ram Babu Misra, (1980) 2 SCC 343, approved
B
the view of learned Single Judge in Sunil Kumar @ Sonu vs. State of
NCT of Delhi(Crl.A.No.446 of 2005) case. In para 22 of the judgment
Full Bench held:
“22. Thus understood, in our considered opinion, the view
expressed in the decisions in Harpal Singh (supra) and Satyawan
C (supra) is not the correct view. Therefore, the decisions rendered
therein are hereby overruled. The view expressed in the case of
Sunil Kumar (supra) by the learned Single Judge lays down the
law in correct perspective.”
15. Sunil Kumar’s case which was approved by the Full Bench
D has been noticed in para 10, which is to the following effect:
“10. It is worth noting that a Single Judge of this Court in Sunil
Kumar @ Sonu Vs State of NCT of Delhi, Crl.A. No. 446 of
2005 decided on 25.3.2010, without taking note of the Division
Bench decisions, has held thus:
E
“26. It is true that the specimen finger print impressions of the
appellants were taken by the IO directly and not through the
Magistrate as provided in Section 5 of Identification of Prisoners
Act. But, that, to my mind was not necessary because Section
4 of Identification Prisoners Act specifically provides that any
F person who has been arrested in connection with an offence
punishable with rigorous imprisonment for a term of one year
or upwards shall, if so required by a police officer, allow his
measurement to be taken in the prescribed manner. In view of
the independent powers conferred upon a police officer under
G Section 4 of the Act, it was not obligatory for him to approach
the Magistrate under Section 5 of the Act. He would have
approached the Magistrate, had the appellants refused to give
Specimen Finger Print Impressions to him. Therefore, no
illegality attaches to the specimen finger print impressions taken
by the Investigating Officer. The court needs to appreciate
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 851
[ASHOK BHUSHAN, J.]
that the very nature and characteristic of material such as finger A
prints renders it intrinsically and inherently impossible for
anyone to fabricate them. If there is an attempt to fabricate
finger prints, that can certainly be exposed by the accused by
offering to allow his finger prints to be taken so that the same
could be compared through the process of the court. Crl.A.
B
No.1005/2008 Page 7 of 15 None of the appellants has come
forward to the court with a request to take his finger print
impressions in the court and get them compared with the chance
finger prints lifted by PW-1 from Car No. DL 2C A 4116 on
21st December, 2000.””
16. It is thus clear that issue which was considered by Full Bench C
of the Delhi High Court in Bhupinder Singh case is the same issue
which is involved in the present case. But the High Court in the impugned
judgment without discussing and following the Full Bench judgment of
Bhupinder Singh’s case has relied on Sapan Haldar (supra).
17. Now reverting to Sapan Haldar case as noticed above, the D
issue was with regard to admissibility of sample handwriting or signatures
obtained from a person accused of having committed an offence. The
Full Bench in Sapan Haldar case noticed para 18 of the Bhupinder
Singh case and in that reference proceeded to examine provisions of
Sections 4 and 5 of the 1920 Act. E
18. In para 22 of Sapan Haldar case, reliance was placed on
judgment of this Court in Mahmood vs. State of U.P. AIR 1976 SC 69:
(1976) 1 SCC 542:
“22. What happens if there is no manner prescribed for an
investigating officer to take the measurements of a person accused F
of having committed an offence? In the decision reported as AIR
1976 SC 69 Mahmood vs State of Uttar Pradesh, specimen finger
print impressions taken by the investigating officer under Section
4 of The Identification of Prisoners Act, 1920, in the absence of a
manner prescribed for taking the finger print impressions, was G
held to be a case of evidence not being admissible with respect to
the finger prints obtained and the opinion of the expert thereon.
The Supreme Court held that in said situation Section 5 of The
Identification of Prisoners Act, 1920 ought to have been followed.”
H
852 SUPREME COURT REPORTS [2018] 7 S.C.R.
A 19. Para Nos. 26, 28 and 32 of the judgment are relevant which
are extracted as below:
“26. In the decision reported Thavaraj Pandian & Ors. vs. State,
the Division Bench of the Madras High Court noted that no Rules
were framed in the State of Tamil Nadu with respect to the manner
B in which an investigating officer could obtain the finger prints of a
person accused of an offence as contemplated by Section 4 of
The Identification of Prisoners Act, 1920 but noted that there were
executive instructions with respect to the manner in which finger
print impressions could be taken by the investigating officer and
therefore opined that in said circumstance evidence relating to
C finger print impressions obtained by the investigating officer would
be admissible in evidence; but on facts noted that the said
instructions were not followed and therefore held the evidence to
be inadmissible.
28. There is yet another argument which needs to be considered
D with respect to Section 4 of The Identification of Prisoners Act,
1920. The Section empowers a police officer to take measurements
of a person who has been arrested in connection with an offence
punishable with rigorous imprisonment for a term of one year or
upwards. Ex-facie, the Section would have no application where
E the person is suspected of having committed an offence which is
punishable with death or imprisonment for life, as was held by a
Division Bench of the Bombay High Court in the decision reported
as ILR 1983 Bom. 1508 Nizammuddin Usman vs. State of
Maharashtra.
F 32. Though not falling for consideration in this reference, with
respect to finger prints, which are included in ‘measurements’,
the weight of the authorities is that if by way of Rules or Executive
instructions the manner is prescribed to take the measurements,
alone then can an Investigating Officer, under Section 4 obtain
the measurements but strictly as per manner prescribed; but it
G would be eminently desirable, as per the decision in Mohd. Aman’s
case (supra) to follow the procedure ordained under Section 5 of
The Identification of Prisoners Act, 1920. Relevant would it be to
further note that in relation to offences punishable with death or
imprisonment for life, Section 4 of The Identification of Prisoners
H Act, 1920 would not be applicable because the said provision
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 853
[ASHOK BHUSHAN, J.]
specifies a prerequisite : that the person concerned is accused of A
having committed an offence which is punishable with a sentence
to undergo rigorous imprisonment for a term of one year or upwards
i.e. the sentence must relate to imprisonment for a term and would
thus exclude such offences where either capital punishment or
imprisonment for life is the sentence contemplated.”
B
20. It is relevant to note that in para 32 Full Bench in Sapan
Haldar has itself noticed that issue regarding fingerprint does not fall
for the consideration in the reference. However, the Full Bench proceeded
to discuss the law on fingerprints when the issue did not directly fall for
consideration in the reference. We fail to see the necessity to lay down
any law with regard to Sections 4 and 5 in Sapan Haldar’s case when C
reference was with regard to admissibility of sample handwriting obtained
from a person accused of having committed an offence during
investigation of crime.
21. We, however, in spite of the above proceed to examine the
observations made by Full Bench in Sapan Haldar (supra) in context D
of Section 4. Judgment of this Court in Mahmood vs. State of U.P.
(supra) was relied. Full Bench in Sapan Haldar read the judgment of
this Court in Mahmood vs. State of U.P. as laying down that “in the
absence of a manner prescribed for taking the fingerprints impressions
was held to be a case of evidence not being admissible with respect to E
fingerprints obtained and the opinion of expert thereon”. The perusal of
the judgment of this Court in Mahmood case (supra) indicates that
there was complaint by the accused that his fingerprints were forcibly
taken by the Police on some round object which has been noticed in
para 10 of the judgment. This Court noticed that specimen finger prints
of the appellant were not taken before or under the order of Magistrate F
which was held suspicious feature on the conduct of the investigation. It
was further held that even if it is assumed that only a gandasa bore
fingerprints of the appellant then also it would not be inexorably and
unmistakenly lead to the conclusion that the appellant and none-else
was the murderer. Following was held in para Nos. 16, 18 and 19: G
“16. Furthermore, the specimen fingerprints of the appellant were
not taken before or under the order of a Magistrate in accordance
with Section 5 of the Identification of Prisoners Act. This is another
suspicious feature of the conduct of investigation. It has not been
explained why this Magistrate was kept out of the picture. H
854 SUPREME COURT REPORTS [2018] 7 S.C.R.
A 18. Secondly, even if it is assumed that the handle of this gandasa
bore the fingerprints of the appellant, then also it would not
inexorably and unmistakably lead to the conclusion that the
appellant, and none else was the murderer of Dwarka, unless it
was firmly proved further that the fatal injury to the deceased
was caused with this weapon. Definite proof of this link was lacking
B
in this case. The missing link could be best supplied by showing
that there was blood on this gandasa, and that blood was of human
origin. But this was not done.
19. Lastly, it may be observed that Inspector Daryao Singh, PW
15, has not given any reasons in support of his opinion. Nor has it
C been shown that he has acquired special skill, knowledge and
experience in the science of identification of fingerprints. It would
be highly unsafe to convict one on a capital charge without any
independent corroboration, solely on the bald and dogmatic opinion
of such a person, even if such opinion is assumed to be admissible
D under Section 45 Evidence Act.”
22. In the above background this Court held that the solitary piece
of circumstantial evidence on which prosecution have staked their claim
is too shaky, suspicious and fragile to furnish a sound foundation for
conviction, as held in para 20:
E “20. In the light of the above discussion, we are of the view that
the solitary piece of circumstantial evidence on which the
prosecution have staked their case, is too shaky, suspicious and
fragile to furnish a sound foundation for conviction.”
23. The above judgment cannot be read as a precedent laying
F down that in the absence of a manner prescribed for taking of fingers
impressions, the evidence is not admissible. We are of the view that
observations made by Full Bench in Sapan Haldar case in para 22 are
not supportable from the judgment of this Court in Mahmood vs. State
of U.P.
G 24. Now, we come to para 26 of the judgment of Sapan Haldar
case where Delhi High Court notices the Madras High Court judgment
in Thavaraj Pandian & Ors vs. State, 2003 Cri. L.J.2642 where
Madras High court has held that no rule has been framed in the State of
Tamil Nadu with respect to manner in which an IO can obtain the
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 855
[ASHOK BHUSHAN, J.]
fingerprints of a person accused of an offence, but noted that there A
were executive instructions with respect to manner in which fingerprints
impression could be taken. The Madras High Court has not relied on the
fingerprints impressions having noted that executive instructions for
taking of fingerprints were not followed. Thus, judgment of the Madras
High Court was on its own facts.
B
25. Now, we come to another reason. In para 28 of the judgment
of Sapan Haldar (supra), Full Bench of the Delhi High Court has held
that Section 4 of the 1920 Act is not applicable where a person is
suspected of having committed an offence which is punishable with death
or imprisonment of life. Section 4 of the Act provides with regard to a
person who has been arrested in connection with an offence punishable C
with rigorous imprisonment for a term of one year or upwards. What
Delhi High Court seems to suggest is that Section 4 is not applicable
when a person is suspected of committing an offence which is punishable
with death or imprisonment of life.
26. The purpose and object of empowering Police Officer to take D
fingerprints in an offence punishable with rigorous imprisonment for a
term of one year or upwards is; for offences of trivial nature where
rigorous imprisonment is less than one year Police officer is not
empowered to take fingerprints. The use of words “rigorous imprisonment
for a term of one year or upwards” does not negate the punishment of E
life imprisonment or death.
27. The object of the Section was not to empower the Police
Officer to take fingerprints in trivial offences where imprisonment is
less than one year but the provision cannot be read to mean that Police
Officer does not have such power if imprisonment is for life or capital F
punishment. The reading of Section 4 in the manner suggested by Full
Bench will negate the very purpose of empowerment of Police Officer
to take the fingerprints.
28. Now, we come to para 32 of the judgment where Delhi High
Court has held that the weight of the authorities is that if by way of G
Rules or executive instructions, the manner is prescribed to take the
measurements, alone then can an IO under Section 4 obtain the
measurements, but strictly, as per the manner prescribed. In para 32 of
the Sapan Halder (supra), the judgment of the Mohd. Aman’s case
has also been referred to:
H
856 SUPREME COURT REPORTS [2018] 7 S.C.R.
A “32. Though not falling for consideration in this reference, with
respect to finger prints, which are included in „measurements ,
the weight of the authorities is that if by way of Rules or Executive
instructions the manner is prescribed to take the measurements,
alone then can an Investigating Officer, under Section 4 obtain
the measurements but strictly as per manner prescribed; but it
B
would be eminently desirable, as per the decision in Mohd. Aman
s case (supra) to follow the procedure ordained under Section 5
of The Identification of Prisoners Act, 1920.”
29. It is necessary to refer to the judgment of Mohd. Aman (supra)
relied by the Delhi High Court. In the Mohd. Aman case, the fingerprints
C were taken on several occasions, in para 7 the facts have been noticed
which are to the following effect:
“7. As noticed earlier the only incriminating circumstance on the
basis of which the High Court upheld the conviction of Mohd.
Aman is that his fingerprints were found on a brass jug in the
D house of the deceased. From the evidence adduced in proof of
the above circumstance it appears that the brass jug, together
with other articles, was seized, packeted and sealed on 14-4-1983
and forwarded to the Fingerprint Bureau after five days — on
19-4-1983 to be precise — through Constable Mohd. Sadique
E (PW 4) along with a letter written by the investigating officer
(copy of which was marked as Ext. P-59). On the following day,
that is, 20-4-1983 the Bureau sent the articles back after taking
photographs of the chance prints found on the jug and three other
articles (out of the sixteen sent) with a corresponding letter (Ext.
P-60). After Mohd. Aman was arrested on 20-4-1983 his specimen
F fingerprints were taken by H.C. Ramji Ram (PW 24) and
forwarded to the Bureau on 24-5-1983. As the prints were not
clear, the same were returned by the Bureau asking for better
prints. Specimen fingerprints were thereafter again taken on 20-
6-1983 and sent to the Bureau. These prints were also sent back
G and for the third time prints of Mohd. Aman were taken and sent
to the Bureau on 30-6-1983. Thereafter the Bureau gave its report
(Ext. 115) with the opinion that the chance fingerprints found on
the brass jug were similar to and identical with his specimen
fingerprints.”
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 857
[ASHOK BHUSHAN, J.]
30. This Court observed that the prosecution has failed to establish A
that the seized articles were not or could not be tempered with before it
reached the Bureau for examination. Further following was stated in
para 8:
“8....Apart from the above missing link and the suspicious
circumstances surrounding the same, there is another circumstance B
which also casts a serious mistrust as to genuineness of the
evidence. Even though the specimen fingerprints of Mohd. Aman
had to be taken on a number of occasions at the behest of the
Bureau, they were never taken before or under the order of a
Magistrate in accordance with Section 5 of the Identification of
Prisoners Act. It is true that under Section 4 thereof police is C
competent to take fingerprints of the accused but to dispel any
suspicion as to its bona fides or to eliminate the possibility of
fabrication of evidence it was eminently desirable that they were
taken before or under the order of a Magistrate.....”
(underlined by us) D
31. The above observation although clearly mentions that under
Section 4 Police officer is competent to take fingerprints of the accused
but to dispel as to its bona fide or to eliminate the fabrication of evidence
it was eminently desirable that they were taken before or under the
order of magistrate. E
32. The observation cannot be read to mean that this Court held
that under Section 4 Police Officer are not entitled to take fingerprints
until the order is taken from the Magistrate. The observations were
made that it is desirable to take the fingerprints before or under the
order of the Magistrate to dispel any suspicion. Especially, the suspicions F
which were caused in the above case which is clear from the facts
noticed in para Nos. 7 and 8. Observations of this Court in Mohd.
Aman’s case was in the facts of that case and cannot be read to mean
that Police Officer cannot obtain fingerprints without obtaining an order
from Magistrate under Section 5. G
33. In this context, it is useful to note another judgment of this
Court in Prakash vs. State of Karnataka, (2014) 12 SCC 133 where
two-Judge Bench of this Court relying on Mohd. Aman (supra) has
given following observations in para 28:
H
858 SUPREME COURT REPORTS [2018] 7 S.C.R.
A “28. Assuming Prakash’s fingerprint was in fact obtained by
D’Souza, it was clearly not given voluntarily, but perhaps unwittingly
and in what seems to be a deceitful manner. To avoid any suspicion
regarding the genuineness of the fingerprint so taken or resort to
any subterfuge, the appropriate course of action for the investigating
officer was to approach the Magistrate for necessary orders in
B
accordance with Section 5 of the Identification of Prisoners Act,
1920. In Mohd. Aman v. State of Rajasthan this Court referred
to the possibility of the police fabricating evidence and to avoid an
allegation of such a nature, it would be eminently desirable that
fingerprints were taken under the orders of a Magistrate. We
C may add that this would equally apply to the creating evidence
against a suspect. This is what this Court had to say: (SCC p. 49,
para 8)
“8. … Even though the specimen fingerprints of Mohd. Aman
had to be taken on a number of occasions at the behest of the
D Bureau, they were never taken before or under the order of a
Magistrate in accordance with Section 5 of the Identification
of Prisoners Act. It is true that under Section 4 thereof police
is competent to take fingerprints of the accused but to dispel
any suspicion as to its bona fides or to eliminate the possibility
of fabrication of evidence it was eminently desirable that they
E were taken before or under the order of a Magistrate.””
34. This Court in above case repeated and reiterated the
observations of the Mohd. Aman case, which we have already discussed
above.
F 35. It is necessary to refer to a Three Judge Bench judgment of
this Court in Shankaria vs. State of Rajasthan (supra). This Court in
the above case had occasion to notice Section 4 and Section 5 of the
1920 Act where submission was raised before this Court that specimen
of thumb impression of the appellant having not been obtained before
the magistrate they cannot be relied. The argument was repelled by this
G court and following was laid down in paras 83 and 84:
“83. Mr Gambhir next contends that in view of Section 5 of the
Identification of Prisoners Act, it was incumbent on the police to
obtain the specimen thumb-impressions of the appellant before a
Magistrate, and since this was not done, the opinion rendered by
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 859
[ASHOK BHUSHAN, J.]
the Finger Print Expert, Mr. Tankha, by using those illegally obtained A
specimen finger-impressions, must be ruled out of evidence.
84. The contention appears to be misconceived because in the
State of Rajasthan, the Police were competent under Section 4 of
the Identification of Prisoners Act, to take the specimen fingerprints
of the accused, and this they did, in the instant case, before the B
Superintendent of Police, Shri K.P. Srivastava. It was not
necessary for them to obtain an order from the Magistrate for
obtaining such specimen fingerprints.”
36. The three Judge Bench clearly held that it was not necessary
for the Police officer to obtain an order from a Magistrate for obtaining C
specimen of fingerprints. Law laid down by three-Judge Bench judgment
is thus clearly applicable in the present case.
37. One of the reasons given by Full Bench of Delhi High Court
in Sapan Haldar case was that there being no rules or executive
instructions prescribing a manner of taking of fingerprints, Police Officer D
cannot exercise the power under Section 4. We need to dwell this aspect
little more. The word prescribed has been defined under Section 2(c) as
“prescribed means prescribed by rules made under this Act”. Section 8
empowers the State Government to make rules for the purpose of
carrying into effect the provisions of the Act. Section 8 is as follows:
E
“8. Power to make rules.—(1) The State Government may, 1[by
notification in the Official Gazette,] make rules for the purpose of
carrying into effect the provisions of this Act.—(1) The State
Government may, 1[by notification in the Official Gazette,] make
rules for the purpose of carrying into effect the provisions of this
Act.” F
(2) In particular and without prejudice to the generality of the
foregoing provision, such rules may provide for—
(a) restrictions on the taking of photographs of persons under
section 5;
G
(b) the places at which measurements and photographs may be
taken;
(c) the nature of the measurements that may be taken;
(d) the method in which any class or classes of measurements
shall be taken; H
860 SUPREME COURT REPORTS [2018] 7 S.C.R.
A (e) the dress to be worn by a person when being photographed
under section 3; and
(f) the preservation, safe custody, destruction and disposal of
records of measurements and photographs.
[(3) Every rule made under this section shall be laid, as soon as
B may be after it is made, before State Legislature.]”
38. Whether the power of the Police Officer under Section 4
cannot be exercised till the State make rules under Section 8? The
appellant supporting the judgment of the Delhi High Court contends that
since Section 4 uses the words “allow his measurement to be taken in
C the prescribed manner”, unless there is a prescribed manner by the rules
fingerprints cannot be taken. The power of the State given under Section
8 to frame rules is an enabling power. The word used under Section 8 is,
the State Government “may”. Can it mean that till the rules are framed
by the State, power under Sections 3 and 4 cannot be exercised? The
D power given to the Police Officer to ask a person arrested to give his
measurements is a substantive power. This power is hedged by the
condition that such measurement has “to be taken in the prescribed
manner” if there is any prescribed manner that cannot be breached by
such Police Officer. Taking of the measurements in the prescribed manner
is a procedural part of the Section which does not affect the substantive
E power of the Police Officer to ask an accused who is under arrest to
give his measurement.
39. In event, it is held that unless the rules are framed under
Section 8 power under Section 4 cannot be exercised that will not be in
consonance with the very purpose and object for which Section 4 has
F been enacted. The submission of the appellant further is that when there
is no rule framed providing prescribed manner for taking fingerprints,
resort to Section 5 has to be taken by IO. Section 5 is a separate power
given to Magistrate. The power of the Magistrate is an additional and
separate power to secure ends of justice for purpose of investigation
G and proceedings under Code of Criminal Procedure. It may be exercised
even in a case where after arrest Police Officer has not taken fingerprints
of an accused. But, it cannot be held that power under Section 4 can be
exercised by the Police Officer only after obtaining an order under
Section 5.
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 861
[ASHOK BHUSHAN, J.]
40. One more aspect needs to be looked into. Section 3 also A
provides for taking of measurements of convicted person. Section 3 also
uses the phrase “allow the measurement and photographed be taken by
Police Officer in the prescribed manner”. Now, if the phrase “prescribed
manner” has to be read as existence of a rule providing for a prescribed
manner of taking of evidence, in absence of rule no fingerprints can be
B
taken under Section 3 also of a convicted person, it is relevant to note
that Section 5 can also not be resorted in Section 3. Since Section 5 can
only be resorted for the purposes of any investigation or proceeding
under the Code of Criminal Procedure 1898. After a conviction of an
accused Section 5 is inapplicable then if the interpretation placed by
appellant is accepted, even for convicted persons, it would not be C
permissible to ask measurement unless the rules are framed.
41. In this context, we may like to refer the judgment of Constitution
Bench of this court in V.T. Khanzode and Others vs. Reserve Bank of
India and Another (1982) 2 SCC 7. In the above case, this Court had
occasion to consider the Reserve Bank of India Act, 1934, Section 58 D
sub section (2). Section 58 was power of the Central Board for making
regulations. Section 58(1) and (2) has been referred in para 13 of the
judgment which is to the following effect:
“13. Turning to the first question, Section 58(1) of the Reserve
Bank of India Act, 1934 provides that: E
“The Central Board may, with the previous sanction of the
Central Government, make regulations consistent with this Act
to provide for all matters for which provision is necessary or
convenient for the purpose of giving effect to the provisions of
this Act.” F
Sub-section (2) of Section 58 provides that in particular and
without prejudice to the generality of the foregoing provision,
such regulations may provide for all or any of the matters
mentioned in the various clauses of that sub-section. Clause
(j) refers to “the constitution and management of staff and G
superannuation funds for the officers and servants of the Bank”,
while clause (r) refers to the subject: “generally, for the efficient
conduct of the business of the Bank”....”
H
862 SUPREME COURT REPORTS [2018] 7 S.C.R.
A 42. This Court on Section 58(1) had observed that the power
given to Central Board was an enabling power which is clear from the
use of word “may”. Following was observed in para 18 marked portion:
“18.....On that argument, it is material to note that Section 58(1)
is in the nature of an enabling provision under which the Central
B Board “may” make regulations in order to provide for all matters
for which it is necessary or convenient to make provision for the
purpose of giving effect to the provisions of the Act. This provision
does not justify the argument that staff regulations must be framed
under it or not at all. The substance of the matter is that the Central
Board has the power to frame regulations relating to the conditions
C of service of the Bank’s staff. If it has that power, it may exercise
it either in accordance with Section 58(1) or by acting appropriately
in the exercise of its general power of administration and
superintendence.”
43. The Constitution Bench also held that in absence of regulation
D under 58(1), the Central Board could have issued administrative circulars
and there was no prohibition in regulating service conditions by
administrative circulars.
44. The above view of ours find support from the judgment of
this Court reported in (1986) 4 SCC 667, Surinder Singh Vs. Central
E Government & Ors. In the above case, this Court had occasion to
consider the provisions of Displaced Persons (Compensation and
Rehabilitation) Act, 1954. Section 8 of the Act lays down that a displaced
person shall be paid compensation as determined under Section 7 “subject
to the rules that may be made under this Act”. Section 40 confers
F power on the Central Government to frame rules to carry out the purpose
of the Act. Clause (j) of sub-section (2) of Section 40 provides for framing
of rules laying down procedure for transfer of property out of the
compensation pool and the manner of realisation of the sale proceeds.
The Central Government had not framed rules regulating the disposal by
sale or otherwise of urban agricultural land forming part of the
G compensation pool.
45. The authority constituted under the Act disposed of urban
agricultural property by auction sale. The High Court had held that
disposal of property forming part of the compensation pool was “subject”
to the rules framed as contemplated by Sections 8 and 40 of the Act and
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 863
[ASHOK BHUSHAN, J.]
since no rules had been framed by the Central Government with regard A
to the disposal of the urban agricultural property forming part of the
compensation pool, the authority constituted under the Act had no
jurisdiction to dispose of urban agricultural property by auction-sale.
46. This Court reversing the above opinion of the High Court held
that where a statute confers powers on an authority to do certain acts or B
exercise power in respect of certain matters, subject to rules, the exercise
of power conferred by the statute does not depend on the existence of
rules unless the statute expressly provides for the same. In Para 6,
following has been laid down:-
6........... In our opinion the view taken by the High Court is C
incorrect. Where a statute confers powers on an authority to do
certain acts or exercise power in respect of certain matters, subject
to rules, the exercise of power conferred by the statute does not
depend on the existence of rules unless the statute expressly
provides for the same. In other words framing of the rules is not
condition precedent to the exercise of the power expressly and D
unconditionally conferred by the statute. The expression “subject
to the rules” only means, in accordance with the rules, if any. If
rules are framed, the powers so conferred on authority could be
exercised in accordance with these rules. But if no rules are framed
there is no void and the authority is not precluded from exercising E
the power conferred by the statute....................”
47. This Court further held that framing of the rules regulating the
mode or manner of disposal of urban agricultural property by sale to a
displaced person is not a condition precedent for the exercise of power
by the authorities concerned under Sections 8, 16 and 20 of the Act. F
Following was laid down in Paragraph 7:-
“7. ...........Framing of rules regulating the mode or manner of
disposal of urban agricultural property by sale to a displaced person
is not a condition precedent for the exercise of power by the
authorities concerned under Sections 8, 16 and 20 of the Act. If G
the legislative intent was that until and unless rules were framed
power conferred on the authority under Sections 8, 16 and 20
could not be exercised, that intent could have been made clear by
using the expression “except in accordance with the rules framed”
a displaced person shall not be paid compensation by sale of pool
H
864 SUPREME COURT REPORTS [2018] 7 S.C.R.
A property. In the absence of any such provision the framing of
rules, could not be a condition precedent for the exercise of power.”
48. What has been laid down above is fully attracted in the facts
of the present case. Non-framing of any rules under Section 8 by the
State Government does not prohibit the exercise of powers given under
B Sections 3 and 4 of the Act. Exercise of power under Sections 3 and 4
is hedged by conditions as prescribed but in a case where no rules have
been framed, the authorities as empowered under Sections 3 and 4 are
not denuded of their powers to act under Sections 3 and 4. In a case,
the interpretation put by the learned counsel for the appellant that in
absence of rules framed under Section 8, no power can be exercised
C under Sections 3 and 4 is accepted, the provisions of Sections 3 and 4
shall become dead letter, which has never been the intention of the
legislature in enacting the 1920 Act.
49. It is relevant to note that the Delhi High Court in para 23 of
the impugned judgment has discarded the chance evidence of palm
D impression by observing “no rules having been framed in Delhi and
procedure as prescribed in Section 5 of Identification of Prisoners and
having not been followed, we would thus discard the evidences of palm
impressions”. Whether there were any executive instructions regarding
taking of fingerprints in State of Delhi or not is an issue on which there
E is no clear materials. It is not the case of the appellant before any Court
that fingerprints were taken in disregard of any executive instructions
applicable in the State of Delhi.
50. Learned counsel for the respondent referring to the evidence
of PW32 where he made a statement regarding taking of fingerprints of
F the accused, contended that there was no cross-examination by the
defence on this aspect. It is useful to extract following portion of the
written submissions of the respondent:
“In this regard, the deposition of PW 32 at pg 173(bottom) is
relevant, “During police custody remand of accused, I took finger
G print of accused Rajesh@Sultan and sonvir@Somvir. The same
as well as the chance print picked up by SI Naresh Kumar were
sent to the Fingerprint Bureau, Malviyanagar, for their comparison.
My application in this regard is Ex PW32/N.” There is no cross
examination by the defence on this aspect.”
H
SONVIR @ SOMVIR v. THE STATE OF NCT OF DELHI 865
[ASHOK BHUSHAN, J.]
51. In view of the foregoing discussion we are of the opinion that A
view of the Delhi High Court that evidence of fingerprints of the accused
has to be discarded cannot be supported for the reasons given in the
impugned judgment of the Delhi High Court.
52. Even if, we accept that fingerprints of appellant’s, chance
print Mark Q5 (taken from iron safe) was identical to the specimen of B
left palm impression of Sonvir, it does not complete the chain of
circumstances unerringly pointing out fingers to the appellant, that it was
the appellant who committed the murder. Law of conviction based on
circumstantial evidences is well settled. It is sufficient to refer to the
judgment of this Court in Ramesh and Others vs. State of Rajasthan,
(2011) 3 SCC 685 where in para 17 following has been held: C
“17. Before we proceed with the matter, it has to be borne in
mind that this case depends upon circumstantial evidence and, as
such, as per the settled law, every circumstance would have to be
proved beyond reasonable doubt and further the chain of
circumstances should be so complete and perfect that the only D
inference of the guilt of the accused should emanate therefrom.
At the same time, there should be no possibility whatsoever of the
defence version being true.”
53. Thus, even if, above evidence is not discardable the entire
chain of circumstances is not complete to unmistakeably point out the E
guilt to the appellant.
54. In result, the appeal is allowed. The appellant stands acquitted
of the charges under Sections 302, 392 read with Section 34 of the IPC.
The appellant is directed to be released forthwith, if not required in any
other case. F
Kalpana K. Tripathy Appeal allowed.
G
H
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