Summary
A 17-year-old girl and her younger brother were found with their throats cut in their Chandigarh home in December 2011. The accused, a neighbour, was arrested a month later; on his disclosure a bag containing a blood-stained shawl was recovered, a shopkeeper identified him as the buyer of the knife found broken in three pieces at the scene, a doctor deposed to treating a fresh cut on his ring finger days after the killing, and a hostile witness confirmed in cross-examination that the girl had complained of his obscene gestures. The trial court convicted him under Section 302 IPC and sentenced him to imprisonment for the rest of his natural life; the Punjab and Haryana High Court acquitted him, finding the chain of circumstances incomplete. The Supreme Court restored the conviction.
Issues
- Whether the chain of circumstantial evidence — proved purchase of the murder weapon, recovery of a blood-stained shawl on the accused's disclosure, forensic matching of blood, an unexplained injury on his hand, and motive drawn from a hostile witness — was complete enough to sustain a conviction under Section 302 IPC.
- Whether the evidence of a hostile witness may be relied on to the extent it supports the prosecution, and whether the High Court was justified in discarding the CFSL report.
Provisions considered
- Section 302, Indian Penal Code, 1860The conviction for the murder of the two children, with life imprisonment till the rest of natural life and a fine, was restored on the complete chain of circumstances. (¶¶ 2.7, 8, 9)
- Section 27, Indian Evidence Act, 1872The blood-stained shawl (Loi) was recovered on the accused's disclosure; though the panch witnesses turned hostile the recovery was proved through the investigating officer, and the CFSL report matched the blood to the deceased girl and the accused. (¶¶ 2.3, 7.2)
- Article 136, Constitution of IndiaAn acquittal reversing a conviction was interfered with because the High Court's findings that the links were not proved were perverse and did not appreciate the trial court's evidence-based findings. (¶¶ 4.2, 8, 8.1)
Held
- Although PW-8 turned hostile, in cross-examination by the prosecutor he stated that the deceased girl had confided days before the incident that the accused had made obscene gestures at her; the evidence of a hostile witness may be considered to the extent it supports the prosecution, and motive was proved to that extent. (¶ 7)
- The knife engraved 'Glare', found in three blood-stained pieces beside the girl's body, was proved by the shopkeeper PW-9 to be the one purchased by the accused, whom he identified; the post-mortem doctor confirmed that the injuries to both children could have been caused by that single weapon, which could have broken in use. (¶ 7.1)
- The High Court doubted the DNA/CFSL report on grounds not germane — that hair in the victim's hand was not examined and stains not properly presented — without examining the report; on the report and the CFSL witnesses, the blood on the shawl recovered on the accused's disclosure matched both the deceased girl and the accused. (¶ 7.2)
- The doctor PW-20 treated a fresh cut on the accused's left ring finger in December 2011 that could have been caused by a sharp-edged weapon; the accused's explanation that an iron bar caused it was false and unproved, and his failure to explain the injury was a further circumstance against him. The High Court's contrary findings were perverse and the acquittal unsustainable. (¶¶ 7.3, 8, 8.1)
Result
Appeals allowed; the Punjab and Haryana High Court's judgment of 01.10.2019 acquitting the accused set aside and the trial court's conviction under Section 302 IPC and sentence of imprisonment for the rest of natural life restored; the accused to surrender to serve the sentence.