TMI Blog1952 (10) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... mbala. It is said that Jaspal's relations with his father and grandfather, were not very cordial and the two elders thought that Palvinder Kaur was responsible, for this. It is also said that Jaspal lived the allowance he got from his father and supplemented his income by selling milk and eggs and by doing some odd jobs. Mohinderpal Singh (a fugitive from justice) who is related to the appellant and was employed as a storekeeper in Baldevnagar Camp, Ambala, used occasionally to reside in Bhareli house. It is suggested that he had started a liaison with Palvinder. The prosecution case is that Sardar Jaspal was administered potassium cyanide poison by the appellant and Mohinderpal the afternoon of the 6th February, 1950. The dead body was then put into a large trunk and kept in one of the rooms in the house in Ambala city. About ten days later i.e., the 16th February, 1950, Mohinderpal during the absence of the appellant, removed the trunk from the house in a jeep when he came there with Amrik Singh and Kartar Singh (P. Ws.), two watermen of the Baldevnagar Camp. The trunk was then taken to Baldevnagar Camp and was kept in a store room there. Three days later, the 19th Februar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the question of the identity of the dead body consisted of the statement of constable Lachhman 'Singh, of the clothes and other' articles recovered from inside the trunk and of an alleged confession of the accused. As regards the first piece of evidence the High Court expressed the following opinion: There is in our opinion considerable force in the contention that not only are foot constable Lachhman Singh and Assistant Sub-Inspector Banta Singh testifying to the facts which are false to their knowledge but that the -prosecution are responsible for deliberately introducing a false witness and for asking the other witnesses to support the story narrated by Lachhman Singh that he identified the body to be that of Jaspal Singh the 11th March and communicate the information to the father of the deceased the following day.)' As regards the extra-judicial confessions alleged to. have been made to Sardar Rup Singh and Sardar Balwant Singh, father and grandfather of the deceased, they were held inadmissible and unreliable. The confession made by Palvinder to the magistrate, the 15th April, 1950, was however used in evidence against her the following reasoning: It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments of Mohinderpal to 'various witnesses land his conduct were not relevant against the appellant; that Karamchand and Mst. Lachhmi were in the nature of accomplices and the High Court erred in relying their testimony without any corroboration; that the High Court having disbelieved eight of the witnesses of the prosecution and having held that they were falsely introduced into the case, the investigation being extremely belated and the story having been developed at different stages, the High Court should not have relied the same; and lastly that the- pieces of circumstantial evidence proved against the appellant were consistent with several innocent explanations and the High Court therefore erred in relying them without excluding those possibilities. The decision of the appeal, in our view, lies within a very narrow compass and it is not necessary to pronounce all the points that were-argued before us. In our judgment, there is no evidence'to establish affirmatively that the death of Jaspal was caused by potassium cyanide and that being so, the charge under section 201, Indian Penal Code, must also fail.' The High Court in reaching a contrary conclusion not only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tself, to supply some little link that is wanting, to take for granted some fact consistent with its previous theories and necessary to render them complete. We had recently occasion to emphasize this point in Nargundkar v. The State of Madhya Pradesh([1952] S.C.R, 1091). In order to establish the charge under section 201, Indian Penal Code, it is essential to prove that an offence has been committed-mere suspicion that it has been committed is not sufficient,that the accused knew or had reason to believe that such offence had been committed- and with the requisite-knowledge and with the intent to screen the offender from legal punishment causes the evidence thereof to disappear or gives false information respecting such offences knowing or having reason to believe the same to be false. It was essential in these circumstances for the prosecution to establish affirmatively that the death of Jaspal was caused by the administration of potassium cyanide by some person (the appellant having been acquitted of this charge) and that she had reason to believe that it was so caused and with that knowledge she took part in the concealment and 'disposal of the dead body. There is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eloped abdominal trouble and began to purge. He sent for medicine 3-4 days from Dr. Sohan Singh. One day I placed his medicine bottle in the almirah where medicine, for washing photos had been placed. I was sitting outside and Jaspal Singh enquired from me where his medicine, was. I told him that it was in the almirah. By mistake he took that medicine which was meant for washing photos. At that time, he fell down and my little son was standing by his side. He said 'Mama, Papa had fallen'. I went inside and saw, that he was in agony and in short time be expired. Thereafter I went to Mohinderpal Singh and told him all that had happened. He said that father of Jaspal Singh had arrived and that he should be 'intimated. But I did not tell him, because his connections were not good with his son and myself. Out of fear I placed his corpse in a box and Mohinderpal Singh helped me in doing so. For 4-5 days the box remained in my kothi. Thereafter I said to Mohinderpal Singh that if he did not help me I would die., He got removed that box from my kothi with the help of my servants and placing the same in his jeep went to his store in Baldevnagar Camp and kept the same there. That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in treating the alleged confession of Palvinder as evidence in the case but it was further in error in accepting a part of it after finding that the rest of it was false. It said that the statement that the deceased took poison by mistake should be ruled out of consideration for the simple reason that if the deceased had taken poison by mistake the conduct of the parties would have been completely different, and that she would have then run to his side and raised a hue and cry and would have sent immediately for medical aid, that it was incredible that if the deceased had taken poison by mistake, his wife Would have,stood idly by and allowed him to die. The court thus accepted the inculpatory part of that statement and rejected the exculpatory part. In doing so it contravened the well accepted rule regarding the use of confession and admission that these must either be accepted as a whole or rejected as a whole and that the court is not competent to accept only the inculpatory part while rejecting the exculpatory part as inherently incredible. Reference in this connection may be made to the observations of the Full Bench of the Allahabad High Court in Emperor v. Balmakund((193o) I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich resulted in his death. - That Mohinderpal was proved to be in possession of a quantity of potassium cyanide and was in a position to administer it to the deceased is a circumstance of a neutral character. Mere possession of potassium cyanide by Mohinderpal without its being traced in the body of Jaspal cannot establish that his death was caused by this deadly poison. In any case, the circumstance is not of a character which is wholly incompatible with the innocence of the appellant. The other evidence referred to by the High Court as corroborating the latter part of Palvinder's alleged confession in the view of the case that we have taken does not require any discussion because if the confession--is inadmissible, no question of corroborating it arises. Mr. Sethi argued that the statements contained in the alleged confession are contradicted rather than corroborated by the evidence led by the prosecution and that the confession is proved to be untrue. It is unnecessary to discuss this matter in the view that we have taken of the case. The result, therefore, is that we are constrained to hold that there is no material, direct or indirect, for the finding reached by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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