Case BriefsSupreme Court

Supreme Court: Stating the importance of medical evidence, especially in a murder trial, the Bench of P.C. Ghose and R.F. Nariman, JJ said that where the medical evidence is such that it does not give any clear opinion with respect to the injuries inflicted on the body of victim or deceased, as the case may be, the possibilities that the injuries might have been caused by the accused are also ruled out. Such medical evidence is also very important in assessing the testimony of eye-witnesses and in determining whether the testimony of eye-witnesses can be safely accepted.

In the present case, the accused had killed his close relative in a field allegedly over a land dispute, the High Court of Bombay had acquitted the accused as the prosecution had failed to prove the guilt of the accused beyond reasonable doubt. Upholding the decision of the High Court, the Court said that apart from contradictory testimonies of the witnesses, non-examination of the material witness on whose field the crime was committed, unexplained 6 days delay in lodging FIR; no opinion given by doctor in the post-mortem report or his deposition about the cause of death raise substantial doubt in the prosecution story. The Court said that the unfortunate man succumbed to injuries but the substantial doubts, mentioned above, confer a right upon the accused-respondents to be held not guilty.

Emphasising upon the importance of expert opinion, the Court said that expert’s opinion should be demonstrative and should be supported by convincing reasons. Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great. If the report of an expert is slipshod, inadequate or cryptic and information on similarities or dissimilarities is not available in the report of an expert then his opinion is of no value. Such opinions are often of no use to the court and often lead to the breaking of very important links of prosecution evidence which are led for the purpose of prosecution. [Machindra v. Sajjan Galpha Rankhamb, 2017 SCC OnLine SC 443, decided on 19.04.2017]

Case BriefsSupreme Court

Supreme Court: In the matter where the accused, along with a group of co-accused persons, each armed with deadly weapons fired a gunshot in the abdomen of the deceased after a quarrel thereby resulting into his death, the Court set aside the conviction of the accused on the ground that the investigation in the matter was carried out in a lackluster manner.

The Court said that normally, when a culprit perpetrates a heinous crime of murder and takes away the life of a human being, if appropriate punishment is not awarded to that offender, the Court will be failing in its duty. However, the Investigating Officer, dealing with a murder case, is expected to be diligent, truthful and fair in his approach and his performance should always be in conformity with the police manual and a default or breach of duty may prove fatal to the prosecution’s case.

The Court said that, in the present case, no doubt, an innocent man has lost his life at the hands of another man, but merely the seizure of gun and cartridges from the appellant, the ongoing enmity between the parties on account of various criminal litigations and the altercation and exchange of heated words between the rival groups on the morning of the same day, cannot establish the guilt of accused beyond reasonable doubt. Also, when there are material exaggerations and contradictions, which inevitably raise doubt which is reasonable in normal circumstances and keeping in view the substratum of the prosecution case, it cannot be inferred beyond reasonable doubt that the appellant had caused the death of the deceased.

The bench of Dr. A.K. Sikri and N.V. Ramana, JJ, said that the investigation was carried out with unconcerned and uninspiring performance. There was no firm and sincere effort with the needed zeal and spirit to bring home the guilt of the accused. Also, considering the fact that the accused has already undergone nine years’ of imprisonment and the Court said that it is a fit case inviting interference by this Court. [Mahavir Singh v. State of Madhya Pradesh, 2016 SCC Online SC 1250 , decided on 09.11.2016]

Case BriefsSupreme Court

Supreme Court: Holding that an accused was not entitled to acquittal on the mere ground that the investigation of the matter had been carried out by the very police officer who had also registered the crime, the Supreme Court observed that in the instant case  the search of the appellant at the time of his apprehension was conducted in the presence and under the instructions of a Gazetted Officer. Further, the extracts of depositions of other prosecution witnesses revealed that the said complainant officer was not the only one involved in the investigation.

The Bench comprising of V. Gopala Gowda and Uday Umesh Lalit, JJ.  upheld the Punjab and Haryana High Court’s order dismissing the appeal filed by the appellant against his conviction under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 for being in possession of  1 kg of opium without any permit or licence. Relying on  State v. Rajangam, (2010) 15 SCC 369 wherein the Supreme Court had acquitted the accused on similar ground, the appellant had contended that the investigation was improper and he was entitled to acquittal.

Distinguishing the case on facts, the Court held that the principle as laid down in Megha Singh v.  State of Haryana, (1996) 11 SCC 709 which was followed in State v. Rajangam, (2010) 15 SCC 369 does not get attracted in the instant case. In Megha case, the search had not been  conducted in the presence of a Gazetted Officer, as is required under the statutory provisions unlike the instant case.  [Surender  v. State of Haryana, 2016 SCC Online SC 49 , decided on 19.01.2016]