2012 (3) TMI 668 - SC - Indian Laws

Summary

Issues Involved:
1. Conversion of acquittal to conviction.
2. Errors of law and appreciation of evidence.
3. Non-examination of independent witnesses.
4. Legality of recovery u/s 27 of the Indian Evidence Act.
5. Discrepancies between ocular and medical evidence.
6. Lack of scientific evidence.
7. Finality of acquittal of co-accused and its effect on the appellant.

Summary:

1. Conversion of Acquittal to Conviction:
The High Court overturned the trial court's acquittal of the appellant, Govindaraju @ Govinda, for an offence u/s 302 IPC. The trial court had acquitted the accused on grounds of insufficient evidence, but the High Court found Govindaraju guilty and sentenced him to life imprisonment and a fine of Rs. 10,000.

2. Errors of Law and Appreciation of Evidence:
The High Court's judgment was challenged on the basis that it was contrary to settled principles of criminal jurisprudence. The trial court had noted that all witnesses had turned hostile, and the conviction was based solely on the testimony of a police officer, which was deemed insufficient. The Supreme Court emphasized that an appellate court must re-appreciate evidence while respecting the presumption of innocence and the trial court's findings.

3. Non-examination of Independent Witnesses:
The prosecution failed to examine material witnesses, including the doctor who performed the post-mortem and the constables present at the scene. The Supreme Court noted that this created a reasonable doubt about the prosecution's case and warranted adverse inference against it.

4. Legality of Recovery u/s 27 of the Indian Evidence Act:
The recovery of the weapons was not proved in accordance with Section 27 of the Indian Evidence Act. The memos did not bear the signatures of the accused, and all recovery witnesses turned hostile, casting doubt on the lawfulness of the recovery.

5. Discrepancies between Ocular and Medical Evidence:
The Supreme Court found inconsistencies between the ocular evidence provided by PW-1 and the medical evidence. The post-mortem report indicated multiple stab wounds, but the sequence of events described by PW-1 was deemed improbable and not corroborated by other witnesses.

6. Lack of Scientific Evidence:
The prosecution's case was not supported by scientific evidence. The Forensic Science Laboratory (FSL) report was incomplete, and no effort was made to produce and prove the final report from the FSL, Calcutta. This lack of scientific corroboration weakened the prosecution's case.

7. Finality of Acquittal of Co-accused:
The Supreme Court left open the legal question regarding the effect of the finality of the acquittal of the co-accused, Govardhan @ Gunda, on the appellant's case. The trial court's acquittal of Govardhan had attained finality, and the appellant argued that his role was lesser compared to that of Govardhan, entitling him to acquittal as well.

Conclusion:
The Supreme Court allowed the appeal, acquitting Govindaraju @ Govinda of the offence u/s 302 IPC, and ordered his immediate release. The Court found that the High Court had interfered with the trial court's judgment based on legal and factual presumptions that could not be sustained. The prosecution failed to prove its case beyond reasonable doubt, and the sole witness's testimony was deemed unreliable.