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2017 (11) TMI 2045 - SUPREME COURTSeeking remedial intervention - application for premature release from the jail - Scope of expression "proved", "disproved" and "not proved" - allegation of murder - HELD THAT:- The quintessence of the enunciation is that the expression "proved", "disproved" and "not proved", lays down the standard of proof, namely, about the existence or non-existence of the circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, as an appropriate concrete standard to measure "proof", full effect has to be given to the circumstances or conditions of probability or improbability. It has been expounded that it is this degree of certainty, existence of which should be arrived at from the attendant circumstances, before a fact can be said to be proved. It is on the touchstone of this legal exposition that the evidence in the case in hand, has to be appreciated. Admittedly, PW1 is the solitary eye witness to the incident. He is related both to the deceased and the Accused-Appellant. Whereas the deceased is his uncle, the Appellant is his cousin brother. He claims to have accompanied the Appellant from the video show till the place of occurrence. At the relevant time, he was admittedly intoxicated. The testimony of PW1 with regard to the illicit relationship between the Accused persons, his revelation to the mother of the deceased that he and the co-accused were seen in a compromising position in their house with the door open and the reprimand of the mother (PW3) for the "secret talks" between them (Accused persons) lack in persuasion to conclude that the prosecution had been able to prove such relationship and therefore, the motive for the murder by them - Dehors testimony of PW1, and the motive as alleged by the prosecution, there is no other tangible and clinching material on record in support of the charge against the Appellant and the co-accused. The inference of motive by the High Court drawn from the evidence of PW1 and PW3, in the overall perspective as discussed hereinabove, is apparently flawed. The unhesitant opinion is that the evidence of PW1, as a witness of incident of murder, as projected by him is wholly unacceptable being fraught with improbabilities, doubts and oddities inconceivable with normal human conduct or behaviour and, thus cannot be acted upon as the basis of conviction - Appellant and the co-accused are thus entitled to the benefit of doubt in the singular facts and circumstances of the case. The Appellant is acquitted and is ordered to be set at liberty if not required in connection with any other case - Appeal allowed.
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