Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

State of Karnataka Versus Chand Basha

2015 (9) TMI 1450 - SUPREME COURT

Offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 - applicability of 'last seen together’ theory - Held that:- The prosecution story relies upon the ‘last seen together’ theory, which resulted into the death of Ganesh. This Court has time and again laid down the ingredients to be made out by the prosecution to prove the ‘last seen together’ theory. The Court for the purpose of arriving at a finding as to whether the said offence has been committed or not, may take into .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dentity of that other person is not clearly established at all. The post-mortem report fails to specify any approximate time of death and in light of the recovery of the dead body on 20.01.2001, after 4 days, which is not a small gap since the deceased disappeared on 16.01.2001, it is not appropriate to convict the accused when his role is not firmly established. - CRL.A. 1547 OF 2011 - Dated:- 18-9-2015 - Pinaki Chandra Ghose and R.K. Agrawal, JJ. JUDGMENT This appeal, by special leave, has bee .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

back and the ankles were also tied. The police recovered the dead body, shifted it to Bowring Hospital Mortuary and thereafter published the photograph of the dead body in the newspaper. From this photograph, PW3 father of the deceased, reached the Bowring Hospital and identified the body as that of his son Ganesh. PW1 lodged a complaint with K.G. Halli Police Station and investigation started, and from the apprehension of PW3, accused Chand Basha was arrested on 23.01.2001. The investigation r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

.m., and the accused thereafter was arrested on 23.01.2001, but the deceased was never seen alive again. 3. Police filed the charge sheet against accused Chand Basha, after which charges for offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as IPC ) were framed by the Trial Court and the charges were read over and explained to the accused but he pleaded not guilty and claimed trial. 4. The Trial Court by its judgment and order dated 14.02.2003, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ent and order allowed the criminal appeal on the ground that the prosecution might have proved the motive but had miserably failed to prove the incriminating last seen circumstance and had also failed to successfully prove the discovery evidence. The High Court held that the death may be a homicidal, but there is no evidence to connect the accused with the crime. In view of the aforesaid discrepancies, the High Court set aside the order of conviction passed by the Trial Court and acquitted the r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

buted upon the accused that he wanted to marry PW4 (sister of the deceased) which was vehemently disapproved by the deceased and PW3 (father). Secondly, the death was argued to be homicidal and there is already a concurrent finding of the courts below that the death was homicidal. Thirdly, the present case rests on the last seen theory, and by the consistent testimonies of PW5 (bar- boy), PW6 (owner of the bar), PW8 (shopkeeper) and PW12 (Appu), it was proved that on 16.01.2001 the deceased was .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

put forward to prove the motive and also that the death was homicidal. However, it was argued that the last seen together theory was not proved beyond reasonable doubt. The discovery of material objects was argued on the line of the High Court decision to be an artificial theory. Learned senior counsel went ahead arguing that the extra-judicial confession made by the accused to PW4, who narrated it to PW3, was not trustworthy. Attention was also drawn to the cross-examination of PW12 who contrad .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the case and reversed the finding of the Trial Court. 8. In the present appeal, we are concerned with the last two contentions as to whether the last seen together theory has been proved beyond reasonable doubt and also whether the recovery is a naturally occurring fact or an artificially planted one? 9. The High Court pointed out discrepancies in the statements of PW5 and PW6. Both the witnesses stated that they did not personally know the deceased and neither of them were friends to him nor .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ndent and have perused the records. The prosecution story relies upon the 'last seen together theory as its pivotal evidence which is hereunder examined. The prosecution examined PW5, PW 6 and PW8 to prove the last seen theory . PW5 the bar boy claims to be the person who served the accused and one more person with 3 quarters of RR Brandi and 1 Knock-Out beer on 16.01.2001. PW6 is the owner of the bar who testified in his statement that the accused came along with one other person. These wit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

.00 PM on 16.01.2001, the accused along with one other person came to his shop and bought two cigarettes of ₹ 2/- each. This witness has also deposed that he does not personally know the accused or the other accompanying person. On careful examination of their depositions and cross-examination and also in light of the other medical evidence, some doubt is raised upon the chain of events. PW5 and PW6 stated that they were not personally acquainted to the accused. However, during investigati .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he accused on 16.01.2001. The role of the Investigating Officer is therefore doubted, as within a very short span of time, why PW6 was not shown the photograph and only PW5 was shown the photograph of the deceased. PW5 also did not disclose the details of the photograph, but it can be presumed that he was shown the photograph of the dead body. From a perusal of medical evidence it appears that the dead body was stout, the complexion had changed and bite marks of aquatic animals were present espe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s doubt on the last seen together theory. 11. The prosecution pressed hard on the fact that the accused as well as the deceased were together on 16.01.2001 and the deceased was never seen again. The dead body was recovered on 20.01.2001 i.e. after 3 days and 4 nights. PW1 Dhobi deposed that he goes to the well daily to wash clothes and no question was asked as to the presence of a dead body in the well before 20.01.2001. Thus, the possibility of the deceased being thrown into the well later than .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

at his disposal, why will he cut a shoe lace into two to tie the hands of the deceased. Similarly, the piece of Saree which was recovered near the well is doubted as an accused intentionally committing a crime will not bother to cut a piece of cloth into two before tying. These evidences were sent to FSL on 25.2.2001 i.e. after 1 month of the alleged recovery. The recovery of these material objects seems more of an unnatural occurrence. The High Court also rightly ruled out extra- judicial conf .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ld that: 31. The last seen theory comes into play where the gap between the point of time when the accused and the deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. Reiterating the above ratio, this Court recently in Krishnan @ Ramasamy and Others v. State of Tamil Nadu, (2014) 12 SCC 279, held that: 23. There is unexplained delay of six days in lodging the FIR. As .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version