Jhar HC | ‘Made him believe’ goes against the fundamental principle of criminal jurisprudence, any accusations made on the premise is a grave mistake

Jharkhand High Court: The Division Bench of Shree Chandrashekar and Deepak Roshan, JJ. dismissed a petition on the ground that prosecution has miserably failed to establish its case against the appellant.

The present prosecution case was based on the circumstantial evidence where there was no eye-witness to the actual occurrence in which the deceased (Birsu Oraon) was killed. And the Additional Judicial Commissioner held that the circumstances brought on record “make him believe” that the accused-appellant has caused the death of Birsu Oraon. The facts of the case being Birsu Oraon had gone to observe paddy crop, who was found dead by his brother, who later informed the villagers who rushed to the jungle. The witness-Chandari Kumari has deposed in the court that the accused-appellant and the deceased-Birsu Oraon had gone to Tand. Wife of the deceased has also spoken on similar lines.

Amrita Banerjee, the Amicus had raised two-fold contentions that (i) the circumstances referred by the learned Additional Judicial Commissioner, do not complete the chain of circumstances so as to convict the appellant under Section 302 of the Penal Code and (ii) suspicion howsoever strong cannot be a substitute for the legal evidence so as to convict an accused, more particularly, in a serious offence like murder. The case of Navaneethakrishnan v. State, (2018) 16 SCC 161 was referred to, to contend that the incriminating circumstances must be clearly established by the reliable and clinching evidence and the circumstances so proved must form a chain of events from which it can be safely inferred that it was the accused and accused alone who has committed the crime. On the other hand, Arun Kumar Pandey, the APP had contended that once the accused has failed to explain satisfactorily the incriminating circumstances put to him in his examination under Section 313 CrPC, that he was last seen together with the deceased-Birsu Oraon, and he has failed to lead any evidence to establish. And that the circumstances brought on record “make him believe” that the accused-appellant has caused the death of Birsu Oraon.

The Court held that “the only circumstance which has been proved by the prosecution is that the accused was last seen in the company of the deceased. This may be one of the circumstances, but not the only circumstance on the basis of which an accused can be convicted for the offence under Section 302 IPC. The law assumes that when a man is last seen in the company of the accused and soon thereafter his dead body has been recovered it may be the accused who has committed the crime, but then, if the accused has offered an explanation what has happened thereafter, he has discharged his onus. To hold that an accused must answer each and every incriminating circumstance during his examination under Section 313 CrPC, would be against the basic principle in law. We find that the prosecution has miserably failed to establish its case against the appellant”. The Court appreciated the efforts of Amrita Banerjee, the learned Amicus who had prepared notes on the prosecution evidence and ably assisted the Court arguing this criminal appeal on behalf of the appellant.[Chari Oraon v. State of Bihar, 2019 SCC OnLine Jhar 544, decided on 04-04-2019]

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