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2018 (4) TMI 1965 - SC - Indian LawsBrutal murder of a person with a view to prohibit such person from deposing before the Court in a case against his assailant - dead body was cut into two pieces, and thrown at two different places, in order to destroy the evidence - Existence of common object or not - Doctrine of falsus in uno, falsus in omnibus (false in one thing, false in everything). The Accused were charge-sheeted, and tried, convicted and sentenced. However, in the meanwhile, two of the Accused died. HELD THAT:- From the entire evidence, including the ocular testimony of PWs 6, 11 and 14, in our considered opinion, it can be concluded that the prosecution has proved its case beyond reasonable doubt as against the Accused-Kameshwar Singh. However, omnibus and vague evidence is forthcoming as against the other Appellants. The incident had taken place abutting the cattle shed of Nagina Koiri, Accused No. 7. Certain articles were seized from the cattle shed of Nagina Koiri. Two iron rods from the window shutter were found to be cut, which were presumably used for the commission of the offence - It is no doubt true that the evidence on record creates suspicion in the mind of the Court about the participation of the other Accused, but any amount of suspicion may not take the place of proof. The maxim falsus in uno, falsus in omnibus (false in one thing, false in everything) is not being used in India. Virtually, it is not applicable to the Indian scenario. Hence, the said maxim is treated as neither a sound Rule of law nor a Rule of practice in India. Hardly, one comes across a witness whose evidence does not contain a grain of untruth or at any rate exaggerations, embroideries or embellishments. It is the duty of the Court to scrutinise the evidence carefully and, in terms of felicitous metaphor, separate the grain from the chaff. But, it cannot obviously disbelieve the substratum of the prosecution case or the material parts of the evidence and reconstruct a story of its own out of the rest. Efforts should be made to find the truth. This is the very object for which Courts are created - It is the onerous duty of the Court, within permissible limits to find out the truth. It means, on one hand that no innocent man should be punished, but on the other hand to see no person committing an offence should go scot free. If in spite of such effort suspicion is not dissolved, it remains writ at large, benefit of doubt has to be credited to the Accused. The evidence is to be considered from the point of view of trustworthiness and once the same stands satisfied, it ought to inspire confidence in the mind of the Court to accept the evidence. The evidence on record points towards the guilt of Kameshwar Singh. It is no doubt true that one man alone could not have committed such a ghastly crime by separating the dead body into two pieces. He must have taken the assistance of others. The prosecution has come out with seven names including Kameshwar Singh, but so far as the other Accused are concerned, particularly in respect of the other Appellants (except Kameshwar Singh), except the omnibus and vague evidence that they were also present and they also joined hands with the Accused-Kameshwar Singh, no other specific and reliable material has come on record. Common object is also not proved - the judgment of conviction passed against the Accused Kameshwar Singh needs to be confirmed, and the same is hereby confirmed. The Criminal Appeal filed by the Accused-Kameshwar Singh stands dismissed, and the judgment dated 24.05.1988 passed by the VIII Additional Sessions Judge, Sasaram in Sessions Trial No. 192/117 of 1977/1983, convicting and sentencing the Accused-Kameshwar Singh to life imprisonment Under Section 302 Indian Penal Code and three years rigorous imprisonment Under Section 201 Indian Penal Code, as confirmed by the High Court by the impugned judgment, stands confirmed. Appeal disposed off.
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