TMI Blog2012 (12) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... en she wrote the telephone number of her father. We fail to understand as to why her statement could not be recorded in writing, i.e., she could have been given the questions in writing and an opportunity to reply the same in writing. Be that as it may, her statement had been recorded with the help of her father as an interpreter, who for the reasons given by the High Court, being an interested witness who had assisted during the trial, investigation and was examined without administering oath, made the evidence unreliable. In such a fact-situation, the High Court has rightly given the benefit of doubt and acquitted the respondent. Fully aware of our limitation to interfere with an order against acquittal. In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial Court's acquittal bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interferen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dged weapons. Geeta (PW.16) got scared and ran outside. The motive for committing the offence had been that one Chhindri Bhatni was having illicit relationship with Kaku Singh, deceased, and about 8-10 months prior to the date of incident Kaku Singh caused burn injuries to Geeta (PW.16) at the instigation of Chhindri Bhatni. However, because of the intervention of the community people, Kaku Singh, deceased, severed his relationship with Chhindri Bhatni, who became annoyed and had sent her brother Darshan Singh alongwith other persons who killed Kaku Singh. C. On the basis of the said report FIR No. 262 of 2001 was registered under Sections 449, 302, 201 and 120B IPC against the respondent at P.S Hanumangarh and investigation ensued. The respondent was arrested and during interrogation, he made a voluntary disclosure statement on the basis of which the I.O. got recovered a blood stained Kulhari and clothes the respondent was wearing at the time of commission of offence. D. After completion of the investigation, the police filed chargesheet against the respondent under Sections 302 and 201 IPC and the trial commenced. During the course of trial, the prosecution examined as many a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-1/2" x 2" bone deep all structure of neck cut wound. He opined that the cause of death was injury to vessel of neck, trachea due to injury no. 2 which was sufficient in the ordinary course of nature to cause death. 6. The only question that remains for consideration is whether the respondent could be held responsible for causing the death of Kaku Singh, deceased. Geeta (PW.16) is the star witness of the prosecution. According to her at 6.30 p.m. on the day of incident, respondent-accused came to her house. The accused and her husband consumed liquor together. The respondent-accused had mixed a tablet in the glass of water and the same was taken by her husband Kaku Singh. She served the food to both of them and subsequently, all the three persons slept on cots in the same room. During the night two persons also joined the respondent- accused. It was at 11.30 p.m., accused Darshan Singh had taken out a kulhari from his bag and gave blows on the neck and cheek of her husband. She raised a cry but accused caught her by the hair and asked to keep quiet otherwise she would also be killed. The dead body was taken by the accused alongwith accompanying persons and was put in a room and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... L report and arrest of Darshan Singh, respondent-accused etc. 13. Dr. Amarjeet Singh Chawla (PW.4) deposed that Geeta (PW.16) had asked him to give a telephone call to her father and he had accordingly informed her father. After sometime, her father Jaswant Singh (PW.1) had arrived on scooter. In the cross-examination, he explained that Geeta (PW.16) was dumb and deaf, however, could read and write and she had written the telephone number of her father as 55172 and, thus, he could contact her father. 14. The respondent-accused in his examination under Section 313 Cr.P.C., denied all allegations. The trial court found the evidence on record trustworthy and in view thereof, convicted the respondent- accused and sentenced him as referred to hereinabove. 15. The High Court re-appreciated the entire evidence and came to the following conclusions: I. There were major contradictions in ocular evidence and medical evidence. As per the statement of Geeta (PW.16), Kaku Singh, deceased and Darshan Singh, respondent-accused had consumed liquor in the evening but this was not corroborated from medical evidence. Dr. Rajendra Gupta (PW.17) has admitted that there was nothing to show that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the help of her father Jaswant Singh (PW.1). Admittedly, neither she nor her father while acting as her interpreter had been administered oath. The signs have been recorded alongwith its interpretation. There was possibility of misinterpretation of the signs made by her, as her father could do it purposely, the statement of Geeta (PW.16) did not inspire confidence. IX. Deposition of Geeta (PW.16) could not be relied upon as it was not safe for the court to embark upon the examination of deaf and dumb witness, on her information without the help of an expert or a person familiar of her mode of conveying ideas to others in day to day life. Further, such a person should not be an interested person. In the instant case, Jaswant Singh (PW.1) had participated in the investigation and was an interested person. 16. We have also gone through the entire evidence and concur with the findings recorded by the High Court. Basic argument which has been advanced by both the parties before us is on the admissibility and credibility of sole eye-witness Geeta (PW.16). Admittedly, Geeta (PW.16) had not been administered oath, nor Jaswant Singh (PW.1), her father who acted as interpreter when her st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement and, thus, is relevant and admissible. The Court further clarified that 'verbal' statement does not amount to 'oral' statement. In view of the provisions of Section 119 of the Evidence Act, the only requirement is that witness may give his evidence in any manner in which he can make it intelligible, as by writing or by signs and such evidence can be deemed to be oral evidence within the meaning of Section 3 of the Evidence Act. Signs and gestures made by nods or head are admissible and such nods and gestures are not only admissible but possess evidentiary value. 20. Language is much more than words. Like all other languages, communication by way of signs has some inherent limitations, since it may be difficult to comprehend what the user is attempting to convey. But a dumb person need not be prevented from being a credible and reliable witness merely due to his/her physical disability. Such a person though unable to speak may convey himself through writing if literate or through signs and gestures if he is unable to read and write. A case in point is the silent movies which were understood widely because they were able to communicate ideas to people through novel signs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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