VIJAY SHANKARversusSTATE OF HARYANA

                    [2015) ~ S.C.R. 977


                      VIJAYSHANKAR                                A
                              v.
                   STATE OF HARYANA
             (Criminal Appeal No. 337 of 2008)
                                                                  B
                     AUGUST04, 2015
    [V. GOPALA GOWDA AND R. BANUMATHI, JJ.)
      Penal Code, 1860: ss.302 and 449 - Conviction and
life imprisonment based on circumstantial evidence -              c
Prosecution case was that on fateful night, PW-10 and his
victim brother had assembled at their farm house to celebrate
holi festival and continued talking till 2 A. M. and thereafter
PW-10 returned back to his village - Deposition of PW-10
that around 10 PM. appellant-accused had come to the farm         D
under influence of liquor and abused the victim-deceased
for not allowing him to park his cycle and take liquor at his
farm - Next morning, PW-19 saw the victim-deceased in
injured condition - Deceased was taken to hospital where
he succumbed to injuries - Trial court found the appellant        E
guilty - High Court affirmed the same - On appeal, held:
Except PW-10, no other independent witness was examined
to prove that the deceased had rebuked the appellant -
Serious doubts as to the motive and the previous enmity -
None of the farm servants were examined which raises              F
doubts about the evidence of PW-10 and the motive
suggested- Evidence of PW11 that he saw appellant coming
out of the room of the deceased from the distance of 25 feet
was also not convincing- Considering the totality of the facts    G
and evidence, the circumstances relied upon by the
prosecution were not established by convincing evidence and
did not form a complete chain pointing to the guilt of the
appellant - Prosecution failed to establish the guilt of the
accused beyond reasonable doubt - Benefit of doubt given          H
to the appellant.               •;
                             977
978        SUPREME COURT REPORTS                [2015] 9 S.C.R.

A          Allowing the appeal, the Court

          HELD: 1. There was no eye-witness to the
  · occurrence and the entire case was based upon
    circumstantial evidence. Prosecution mainly based its
 B case on the circumstances:- {i) motive; {ii) last seen
    theory; {iii) extra-judicial confession; (iv) trail of dog-
    squad leading to Baithakofthe accused and {v) recovery
    of bloodstained clothes and knife. [Paras 7, 8] [985-A, E]

c          2.1. Motive:- So far as the motive is concerned PW-
      10, brother of the deceased stated that the appellant used
      to park his cycle on their farm and the deceased had
      rebuked him about fifteen days prior to the occurrence
      for parking his cycle. PW-10 further stated that on the
D     night of incident, the appellant came to the farm in an
      inebriated condition and stated that since the deceased
      and PW-10 are not allowing him to park his cycle and
      are not allowing him to take liquor in their farm, he will
      not let them to celebrate Holi. The appellant is the
 E    neighbor of PW-10 and the deceased. Allegation of
      previous enmity between the appellant and the deceased
      family was not proved. Except PW-10, no other
      independent witness was examined to prove that the
      deceased had rebuked the appellant and serious doubts
 F    arise as to the motive suggested and the alleged
      previous enmity. As per the version of PW-10, there were
      three servants in the poultry farm; two were sleeping in
      the adjoining room where the deceased was sleeping
      and the third servant was sleeping in the truck parked at
 G    some distance from the farm. None of the farm servants
      were examined and this again raises doubts about the
      evidence of PW-10. [Paras 9, 10] [986-A-C, D-E]

        2.2. If the prosecution is able to prove its case on
 H motive, it will be a corroborative piece of evidence. But
        VIJAY SHANKAR v. STATE OF HARYANA                      979


even if the prosecution is not able to prove its case on A
motive that will not be a ground to throw the prosecution
case nor would it corrode the credibility of prosecution
case. Absence of proof of motive only demands careful
scrutiny of evidence adduced by the prosecution. In the
present case, absence of convincing evidence as to B
motive makes the court to be circumspect in the matter
of assessment of evidence and this aspect was not kept
in view by the High Court and the trial court. [Para 11]
[986-G-H; 987-A]
                                                               c
      2.3. Last Seen Theory: The trial court as well as the
High Court based the conviction of the appellant mainly
on the last seen theory relying on the evidence of PW-11
who allegedly saw the appellant on the night of incident
coming out of the room of the deceased. On that night,         D
his buffalo was missing from his farmhouse and
therefore he went towards village Budha in search of
his buffalo. PW-11 stated that it was moonlit night and at
about 2.30 a.m., when he reached Dujana bus stop, he
saw the appellant coming out of the room of the                E
deceased and he could identify the accused in the bulb
light which was in the courtyard of the room. He stated
that he then went to village Dieghal in search of his
buffalo and later when he came back to Dujana at 3.00          F
p.m., he saw the crowd of people at the bus stand and
he came to know that on the previous night someone
has murdered the deceased by causing knife injuries and
after 10/15 minutes police came to the spot and PW-11
informed the police what he Saw the previous night. PW-        G
11 admittedly owns sixty acres of land and also a petrol
pump. It is quite improbable to believe that he was going
alone from village Dujana to Dieghal which is at a
distance of ten kilometers in the midnight in search of
his buffalo. Trial court and the High Court erred in holding   H
that the evidence of PW-11 cannot be brushed away as
    980        SUPREME COURT REPORTS                [2015) 9 S.C.R.

·   A   even a rich man may take the theft of petty items seriously
        and may take every effort to search the same. It is quite
        unnatural that in the midnight PW-11 went alone without
        informing anyone nor taking anyone with him. Further
       as pointed out by PW-10 the distance of the room where
    B the deceased was sleeping and the road leading to
       village Dujana is three killas i.e. three acres on the
        northern side and the southern and western side of the
        room, their fields are situated and as per the version of
      · PW-11 he had identified the appellant from a distance of
    C twenty five feet in the moonlight and also in the light of a
        electric bulb fixed in the courtyard of the room. It is quite
        improbable that in the night from such a long distance
        PW-11 was able to identify the accused. If the
        prosecution established the last seen theory, an
    0
        inference can be drawn against the accused which may
        lead to the finding of his guilt. Considering the evidence
        of PW-11 and the improbabilities, evidence of PW-11.
        neither inspires confidence nor does it lead to a
    E conclusion that the appellant was last seen with the
        dee.eased. [Paras 12, 13, 14, 15] [987-8-F, G; 988-D-H;
        989-A]

              Modis' Medical Jurisprudence and Texicology 19th
              Edn. Para (2) - referred to.
     F
             2.4.    Extra-judicial confession is a weak piece of
       evidence and the courts are to view it with greater care
       and caution. For an extra-judicial confession to form the
       basis of conviction, it should not suffer from any material
     G discrepancies and inherent improbabilities. In the case
       on hand, extra-judicial confession allegedly made to PW-
       12 did not inspire confidence and cannot form the basis
       for the conviction. [Para 17] [990-8, F-G]
     H         3. Recovery: The confession of the appellant led
          to the recovery of bloodstained clothes from the box
         VIJAY SHANKAR v. STATE OF HARYANA                    981


lying in the house of the appellant and also knife from       A
the field. Bloodstained clothes and also the knife were
sent to the Forensic Science Laboratory and .human
blood was detected in the bloodstained clothes of the
appellant. So far as the bloodstained clothes and knife,
the material was disintegrated. Extra-judicial confession     B
made to PW-12 was highly doubtful and in these
circumstances, much weight cannot be attached to the
alleged recovery of bloodstained clothes and the knife.
Considering the totality of the facts and evidence, the
circumstances relied upon by the prosecution were not         C
established by convincing evidence and they do not form
a complete chain pointing to the guilt of the appellant.
The conviction recorded by the courts below is not
supported by credible evidence and the prosecution ha,;
                                                              0
failed to establish the guilt of the accused beyond
reasonable doubt and benefit of doubt is to be given to
the appellant. [Paras 18 and 19] [990-H; 991-B-F]
      Sharad Birdhichand Sarda vs. State of
      Maharashtra (1984) 4 SCC 116: 1985 (1) SCR              E
      88 ; Bablu Alias Mubarik Hussain vs. State of
      Rajasthan (2007) 2 SCC 590; Sahadevan & Anr.
      vs. State of Tamil Nadu (2012) 6 SCC 403: 2012 .
      (4) SCR 366 - relied on.
                                                              F
                   Case Law Reference
1985 (1) SCR 88               relied on.       Para 7
(2001) 2 sec 590              relied on.       Para 7
2012 (4) SCR 366              relied on.       Para 17
    CRIMINAL APPELLATE JURISDICTION: Criminal                 G
Appeal No. 337 of 2008

      From the Judgment and Order dated 05.04.2006 of the
 High Court of Punjab and Haryana at Chandigarh in Criminal
.Appeal No. 87-DB of 1999.                                    H
982         SUPREME COURT REPORTS                   [2015] 9 S.C.R.


A         J. B. Mudgil, D. C. Ahlawat, UmashankarVats (for R. C.
      Kaushik) for the Appellant.

           Arun Kumar, Sanjay Kumar Visen for the Respondent.

           The Judgment of the Court was delivered by
B
           R. BANUMATHI, J.         In this appeal the appellant
      questions the correctness of his conviction under Section 302
      IPC and Section 449 IPC and the sentence of life imprisonment
      awarded to him as confirmed by the High Court of Punjab and
C     Haryana at Chandigarh in Criminal Appeal No.87-DB/1999
      dated 05.04.2006.

          2. Case of prosecution is that deceased-Satish Kumar,
    brother of Sukhbir Singh (PW-10), was working as a Sub-
D Inspector in Delhi Police. Sukhbir Singh and deceased-Satish
    Kumar owned agricultural lands and also a poultry farm in
    village Dujana. To celebrate the festival of Holi, on 16.03.1995,.
    deceased-Satish Kumar along with his family went to the
    village. His wife and children had gone to village Dujana and
E Satish Kumar stayed in poultry farm. Both the brothers
    celebrated the Holi by playing fireworks and they continued
    talking up to 2.00 a.m., Sukhbir Singh returned back to his
    house in the village leaving Satish Kumar in the poultry farm.
F The following morning i.e. on 17.03.1995, Kishore (PW-19)
    saw Satish Kumar lying injured on the floor and he informed
    the same to PW-10. Sukhbir Singh (PW-10) immediately
    rushed to the farm and took his brother in a maruti car to the
    Medical College and Hospital, Rohtak for treatment and the
G incident was communicated to the police. When the police
    party from Jhajjar Police Station went to the hospital to record
    the statement of Satish Kumar, Dr. K.S. Bhatia (PW-6) opined
    that Satish Kumar was not in a position to give a statement.
    Police then recorded the statement of Sukhbir Singh (PW-10)
H . who stated that the appellant-accused resident of village
                                                                   983
        VIJAY SHANKAR v. STATE OF HARYANA
                 [ R. BANUMATHI, J.]
Dujana came to their farm the previous night at about 10.00/       A
11.00 p.m. under'the influence of liquor and abused his brother
Satish Kumar raising objection for not allowing him to park his
cycle and not allowing him to take liquor at their farm and that
accused-Vijay Shankarthreatened them saying that he would
not let them celebrate Hali. Based on the statement of Sukhbir     B
Singh, FIR No.60/1995 qf Jhallar Police Station, was registered
under Section 307 IPC. Dog squad was brought and the sniffer
dog followed the trail to the 'baithak' of the appellant. Vidya
Rattan (PW-11) resident of village Dujana informed the police
that during the intervening night of 16.03.1995/17.03.1995,        C
when he had gone in search of his lost buffalo, at about 2.30
a.m., he had seen the accused coming out of the room of
Satish Kumar. On 19.03.1995, the appellant is said to have
made an extra-judicial confession to Budh Ram (PW-12), a           D
Member of Gram Panchayat of village Dujana. Injured Satish
Kumar succumbed to injuries on 20.03.1995. After his death,
FIR was altered to Section 302 IPC. Dr. Subhash Juneja (PW-
13) conducted post-mortem on the body of Satish Kumar and
opined that the death was due to multiple injuries with its        E
complications which were sufficient in the ordinary course of
nature to cause death. The accused was arrested on
19.03.1995 and based on his statement, clothes of the accused
and knife were recovered and were sent to forensic science
laboratory. After due investigation, chargesheet was filed         F
against the appellant under Sections 302 and 449 IPC.

       3. To substantiate the charges, the prosecution has
examined twenty witnesses and from the side of defence one
witness was examined. Upon consideration of evidence, the G
Sessions Court held that the prosecution has established the
guilt of the accused beyond reasonable doubt and convicted
the appellant under Section 302 IPC and sentenced him to
undergo imprisonment for life and imposed fine of Rs.2,000/-.
with default clause. The appellant was also convicted under H
984         SUPREME COURT REPORTS                  [2015] 9 S.C.R.


A Section 449 IPC and was sentenced to 4ndergo rigorous
  imprisonment for ten years and imposed a fine of Rs.1,000/-
  with default clause. Aggrieved by the verdict of conviction, the
  appellant filed appeal before the High Court which by the
  impugned judgment confirmed the conviction and sentence of
B imprisonment,   correctness of which is challenged in this appeal.

        4. Learned counsel for the appellant contended that there
  is no direct evidence involving the appellant in respect of the
  commission of the offence punishable under Section 302 IPC
C and Section 449 IPC. It was submitted thatthe accused was
  convicted even when the circumstances have not been proved
  by the prosecution beyond reasonable doubt. It was contended
  that the courts below erred in placing reliance upon evidence
  of Vidya Rattan (PW-11), who is said to have gone towards
D village Bud ha in search of a lost buffalo alone in the mid-night
  which is quite unbelievable and the courts below committed
  serious error in accepting PW-11 's evidence so far as the
  circumstance of last seen together. Learned counsel for the
  appellant urged that the recovery of clothes and bloodstained
E knife does not in any way connect the accused with the crime.

       5. Per contra, learned counsel for the respondent
  contended that there was sufficient light on the spot and the
  witness has properly recognized the accused and the evidence
F of PW-11 is reliable and trustworthy and rightly accepted by
  the courts below. It was submitted that the circumstantial
  evidence relied upon by the prosecution, namely, motive, last
  seen theory, extra-judicial confession and recovery have been
  proved by cogent evidence and the courts below rightly
G convicted the appellant-accused and the conviction does not
  warrant any interference.

           6. We have carefully considered the rival contentions and
      perused the evidence and the impugned judgment.
H
         VIJAY SHANKAR v. STATE OF HARYANA                            985
                  [ R. BANUMATHI, J.]

       7. There is no eye-witness to the occurrence and the entire    A
case is based upon circumstantial evidence. The normal
principle is that in a case based on circumstantial evidence is
that the circumstances from which an inference of guilt is sought
to be drawn must be cogently and firmly established; that these
circumstances should be of a definite tendency unerringly             B
pointing towards the guilt of the accused; that the
circumstances taken cumulatively should form a chain so
complete that there is no escape from the conclusion that within
all human probability the crime was committed by the accused
and they should be incapable of explanation of any hypothesis         C
other than that of the guilt of the accused and inconsistent with
their innocence vide Sharad Birdhichand Sarda vs. State of
Maharashtra, (1984) 4 SCC 116. The same view was
reiterated in Bab/u Alias Mubarik Hussain vs. State of
                                                                      0
Rajasthan, (2007) 2 SCC Crl. 590.

       8. Prosecution mainly based its case on the
circumstances:- (i) motive; (ii) last seen theory; (iii) extra-
judicial confession; (iv) trail of dog-squad le~ding to Baithak
of the accused and (v) recovery of bloodstained clothes and           E
knife. In the light of the above principles, let us examine whether
the prosecution has proved the circumstances by convincing
evidence and whether those circumstances unerringly point
towards the guilt of the accused.
                                                                      F
      9. Motive:- So far as the motive is concerned, Sukhbir
Singh (PW~10), brother of the deceased stated that the
appellant-Vijay Shankar used to park his cycle on their farm
and his brother Satish Kumar had rebuked him about fifteen
days prior to the occurrence for parking his cycle. PW-10 further G
stated that on the intervening night of 16.03.1995/17.03.1995,
the appellant came to th.e farm in an inebriated condition and
stated that since Satish and Sukhbir are not allowing him to
park his cycle and are not allowing him to take liquor in their H
986       SUPREME COURT REPORTS                    [2015] 9 S.C.R.


A farm, he will not let them to celebrate Holi. The appellant is the
  neighbour of PW-10 and the deceased-Satish Kumar.
  Allegation of previous enmity between the appellant and the
  deceased family has not been proved. Excepting PW-10, no
  other independent witness was examined to prove that Satish
B Kumar had rebuked the appellant and serious doubts arise
  as to the motive suggested and the alleged previous enmity.

        10. As per the version of PW-10, on 16.03.1995, his
  brother Satish Kumar came to the farm for celebrating the
C festival of Holi and his children went to the house in village
  Dujana while Satish Kumar stayed back at the farm and that
  they celebrated Holi festival by cracking fireworks and
  continued talking up to wee hours of 17.03.1995 and thereafter
  he left for his home while Satish Kumar continued to be in the
D poultry farm. There were three servants in the poultry farm;
  two were sleeping in the adjoining room where Satish Kumar
  was sleeping and the third servant was sleeping in the truck
  parked at some distance from the farm. None of the farm
  servants were examined and this again raises doubts about
E the evidence of PW-10 and the motive suggested.

      · 11. In each and every case, it is not incumbent on the
  prosecution to prove the motive for the crime. Often, motive is
  indicated to heighten the probability of the offence that the
F accused was impelled by that motive to commit the offence.
  Proof of motive only adds to the weight and value of evidence
  adduced by the prosecution. If the prosecution is able to prove
  its case on motive, it will be a corroborative piece of evidence.
  But even if the prosecution has not been able to prove its case
G on motive that will not be a ground to throw the prosecution
  case nor does it corrode the credibility of prosecution case.
  Absence of proof of motive only demands careful scrutiny of
  evidence adduced by the prosecution. In the present case,
H absence of convincing evidence as to motive makes the court
                                                                       "
         VIJAY SHANKAR v. STATE OF HARYANA                       987
                  [ R. BANUMATHI, J.]

to be circumspect in the matter of assessment of evidence A
and this aspect was not kept in view by the High Court and the
trial court.

       12. Last Seen Theory :- The trial court as well as the
 High Court based the conviction of the appellant mainly on the B
last seen theory relying on the evidence of Vidya Rattan (PW-
 11) who allegedly saw the appellant on the intervening night of
 16.03.1995/17.03.1995 coming out of the room of Satish
Kumar. In his evidence, PW-11 stated that on the intervening
night of 16.03.1995117.03.1995 his buffalo was missing from c
his farmhouse and therefore he went towards village Bud ha in
search of his buffalo. PW-11 stated that it was moonlit night
and at about 2.30 a.m., when he reached Dujana bus stop, he
saw the appellant-Vijay Shankar coming out of the room of
Satish Kumar and he could identify the accused in the bulb D
light which was in the courtyard of the room. PW-11 further
stated that thereafter he went to village Dieghal in search of
his buffalo. PW-11 further stated that when he came to Dujana ·
at3.00 p.m., he saw the crowd of people at the bus stand and
he came to know that on the previous night someone has E
murdered Satish Kumar by causing knife injuries and after 10/
15 minutes police came to the spot and PW-11 informed the
police what he saw the previous night. Prosecution strongly
relied upon the evidence of PW-11 to bring home the guiltthat
                                                                 F
the accused was last seen with the deceased.

      13. Evidence of PW-11 is assailed contending that PW-
11 is not a reliable witness and that he being the owner of sixty
acres of land and also owning a petrol pump, it is quite
unbelievable that he went in the midnight from one village to G
another in search of buffalo. Learned counsel for the appellant
placed reliance on t.he Modis' Medical Jurisprudence and
Toxicology 19th Edn. Para (2) at page No.61 contending that
according to Tidy, "the best known person cannot be
                                                                  H
' :988          SUPREME COURT REPORTS                     [2015] 9 S.C.R.


  .A     recognized in the clearest moonlight beyond a distance of
         seventeen yards .... " and it is quite improbable. that PW-11
         could see the accused-appellant so clearly from such a long
         distance.

   B            14. As the prosecution case mainly revolves around the
         evidence of PW-11, it is necessary to carefully consider
         whether the High Court and the trial court have properly
         appreciated the evidence of PW-11 and whether the courts
         below were right in accepting the prosecution case based on
   C     evidence of PW-11. PW-11 is a resident of village Dieghal. If
         we look at the economic position of PW-11, admittedly he owns
         sixty acres of land and also a petrol pump. It is quite improbable
         to believe that he was going alone from village Dujana to
         Dieghal which is at a distance often kilometers in the midnight
   D     in search of his buffalo. Trial court and the High Court erred in
         holding that the evidence of PW-11 cannot be brushed away
         as even a rich man may take the theft of petty items seriously
         and may take every effort to search the same. It is quite
         unnatural that in the midnight PW-11 went alone without
   E     informing anyone nor taking anyone with him. Further as
         pointed out by Sukhbir Singh (PW-10) the distance of the room
         where Satish Kumar was sleeping and the road leading to
         village Dujana is three killas i.e. three acres on the northern
   F     side and the southern and western side of the room, their fields
         are situated and as per the version of Vidya Rattan (PW-11)
         he had identified the appellant from a distance of twenty five
         feet in the moonlight and also In the light of a electric bulb fixed
         in the courtyard of the room. It is quite improbable that in the
   G     night from such a long distance PW-11 was able to identif'I the
         accused.

           15. If the prosecution establishes the last seen theory, an
     inference can be drawn against the accused which may lead
   H to the finding of his guilt. Considering the evidence of PW-11
         VIJAY SHANKAR v. STATE OF HARYANA                    989
                  [ R. BANUMATHI, J.]
and the improbabilities, evidence of PW-11 neither inspires A
confidence nor does it lead to a conclusion that the appellant
was last seen with the deceased. As noticed earlier, PW-10
and Satish Kumar had three servants; two were sleeping in
the adjoining room where deceased-Satish Kumar was
sleeping and the third one was sleeping in the truck parked at B
some distance from the farm. From the post-mortem certificate
Ex. PS, it is seen that the deceased has sustained number of
injuries on the neck, chest and upper arm. From the post-
mortem certificate it is also seen that deceased-Satish Kumar
was well-built and nourished. Probably, deceased might have. C
resisted and raised alarm, it is quite improbable that the farm
servants never heard the noise and that none of the servants
came to the rescue of deceased-Satish Kumar which again
raises serious doubts about the prosecution case.
                                                                D
      16. Extra-judicial confession:- Yet another
circumstance relied upon by the prosecution is the extra-judicial
confession allegedly made by the appellant to Budh Ram (PW-
 12). PW-12 has stated that he was a member of Gram
Panchayat Dujana and on 19.03.1995, Vijay Shankar-appellant E
came to his residence where Har Sarup Numberdar was also
present. PW-12 stated that Vijay Shankar gave an extra-judicial
confession of inflicting injuries to deceased-Satish Kumar and
requested PW-12 to save him. When PW-12 was only a F
member of Gram Panchayat arid not a person of influence with ·
the police, it is doubtful that the appellant-Vijay Shankar had
approached him making extra-judicial confession and
requested him to save him. At this juncture, suggestion put to
PW-10 during his cross-examination is relevant to be noted. G-- __
In the cross•e>@,rnination of PW-10, it was suggested to him
that he has let oufms shop toBudh Ram Gujjar, brother of
Badlu, on the condition that Budh Ram Gujjar will depose in
the case and therefore PW-12 cannot be said to be an
independent witness.                                              H
990          SUPREME COURT REPORTS                      (2015] 9 S.C.R.


A           17. Principles in respect of evidentiary value and reliability
      of extra-judicial confession have been summarized by this
      Court in Sahadevan & Anr. vs. State of Tamil Nadu, (2012) 6
      sec 403, which reads as under:-
8           "i. 1The extra-judicial confession is a weak evidence
                 by itself. It has to be examined by the court with
                 greater care and caution;

            ii. It should be made voluntarily and should be
c                truthful;

            iii. It should inspire confidence;

            iv. An extra-judicial confession attains greater
                credibility and evidentiary value, if it is supported
D               by a chain of cogent circumstances and is further
                corroborated by other prosecution evidence;

            v. For an extra-judicial confession to be the basis
                of conviction, it should not suffer from any
 E              material discrepancies and inherent
                improbabilities;

            vi. Such statement essentially has to be proved like
                any other fact and in accordance with law."
 F
   Extra-judicial confession is a weak piece of evidence and the
   courts are to view it with greater care and caution. For an extra-
   judicial confession to form the basis of conviction, it should
   not suffer from any material discrepancies and inherent
G. improbabilities. In the case on hand, extra-judicial confession
   allegedly made to PW-12 does not inspire confidence and
   cannot form the basis for the conviction.

       18. Recovery:-According to the prosecution, after the
H alleged confession, Budh Ram (PW-12) and Har Sarup
           VIJAY SHANKAR v. STATE OF HARYANA                      991
                    [ R. BANUMATHI, J.]
produced the appellant before the investigating officer and A
Dalip Singh (PW-20) arrested the appellant on 19.03.1995.
His confession led to the recovery of bloodstained clothes from
the box lying in the house of the appellant and also knife from
the field. Bloodstained clothes and also the knife were sent to
the Forensic Science Laboratory and human blood was B
detected in the bloodstained clothes of the appellant. So far
as the bloodstained clothes and knife, the material was
disintegrated. As discussed earlier, extra-judicial confession  •
made to Budh Ram (PW-12) is highly doubtful and in these
circumstances, much weight cannot be attached to the alleged C
recovery of bloodstained clothes and the knife.

       19. Considering the totality of the facts and evidence, in
our view, the circumstances relied upon by the prosecution
are not established by convincing evidence and they do not D
form a complete chain pointing to the guilt of the appellant.
Ordinarily, in exercise of its jurisdiction under Article 136 cif
the Constitution of India, the Supreme Court does not enter
into re-appreciation of evidence. When ordinarily the Supreme
Court would refrain from re-examining the evidence, the E
Supreme Court will certainly interfere when evidence adduced
by the prosecution falls short of reliability and unsafe to base
conviction. The conviction recorded by the courts below is not
supported by credible evidence and the prosecution has failed F
to establish the guilt of the accused beyond reasonable doubt
and benefit of doubt is to be given to the appellant.

     ··20. In the result, the judgment of the High Court is set
aside and this appeal is allowed. The appellant is acquitted of
the charges. The appellant is on bail and his bail bonds shall G
stand discharged.

Devika Gujral                                   Appeal allowed.