As per case facts, the appellants, Gaurav @ Gopal and Vipin alias Veeru, were convicted for the murder of Lachma Devi through strangulation and looting her house, based on alleged ...
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Jail Appeal No. 4 of 2017
Gaurav @ Gopal ….....Appellant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. M.K. Ray, Amicus Curiae.
Mr. J.S. Virk, Additional Advocate General assisted by
Mr. Sunil Upadhyaya, Brief Holder for the State.
Criminal Jail Appeal No. 31 of 2018
Vipin alias Veeru ….....Appellant
Versus
State of Uttarakhand ….….Respondent
Present:-
Mr. S.R.S. Gill, Amicus Curiae.
Mr. J.S. Virk, Additional Advocate General assisted by
Mr. Sunil Upadhyaya, Brief Holder for the State.
JUDGMENT
Coram: Hon’ble Ravindra Maithani, J.
Hon’ble Siddhartha Sah, J.
Per: Hon’ble Ravindra Maithani, J.
Since both these appeals arise from one and the same
Sessions Trial, they are heard together and being decided by this
common judgment.
2. Both these appeals are preferred against the judgment
and order dated 17.09.2016/20.09.2016 passed in Sessions Trial No.
72 of 2015, State v. Vipin alias Veeru and another, by the court of
Sessions Judge, Nainital, whereby the appellants Vipin alias Veeru
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and Gaurav alias Gopal have been convicted under Sections 302 read
with 34 IPC, 394 read with 34 IPC and 411 IPC and sentenced as
under:-
(i) Under Section 302 read with 34 IPC –
Imprisonment for life and a fine of Rs. 20,000/-
each. In default of payment of fine, to undergo
additional imprisonment for a period of two years.
(ii) Under Section 394 read with 34 IPC – Rigorous
imprisonment for a period of ten years and a fine of
Rs. 10,000/- each. In default of payment of fine, to
undergo additional imprisonment for a period of
one year.
(iii) Under Section 411 IPC – Rigorous imprisonment
for a period of 3 years and a fine of Rs. 10,000/-
each. In default of payment of fine, to undergo
additional imprisonment for a period of one year.
3. According to the FIR, PW 1 Geeta Devi, the informant, at
the relevant time was working in a factory. Her husband was working
in Chandigarh. Her children would go to school and during day time,
her mother-in-law (“the deceased”) Lachma Devi used to stay in the
house. On 22.05.2015, PW 1 Geeta Devi and her children left the
house. At 01:00 in the afternoon, when the children of PW 1 Geeta
Devi returned to the house, they found the deceased dead in her room.
On hue and cry, the neighbours gathered at the spot and they
informed PW 1 Geeta Devi and when she came, she found that the
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deceased was strangulated by the “Saari”. The ear rings of the
deceased were missing. The gold necklace of the informant PW 1 Geeta
Devi, ATM Card, bank’s passbook, gas book, Rs. 3,000/- and other
articles were also missing. The FIR records that the appellants had
visited the house of PW 1 Geeta Devi for a week prior to the date of
incident in the absence of PW 1 Geeta Devi and were asking for the
telephone number of her husband and in case the number is not
given, they threatened that they would kidnap the children of PW 1
Geeta Devi. Suspicion was raised on the appellants. Based on it, a chik
FIR, Ex. A-2 was lodged and Case Crime No. 152/2015 under Sections
302, 394 IPC was registered against the appellants. The extract of GD
is Ex. A-3. The inquest of the deceased Lachma Devi was done on
22.05.2015 at 01:13 p.m. According to the inquest report, the cause of
death was strangulation. The inquest report is Ex. A-5. The post-
mortem of the dead body was conducted on 23.05.2015 at 11:30 a.m.,
which is Ex. A-4. The doctor opined that the cause of death is
asphyxia as a result of smothering. The following injuries were found
on the person of the deceased :-
“(i) Bleeding clots present over both nostrils, mouth
and right ear.
(ii) Tongue clenched between teeth and lacerated type
of tongue.
(ii) Smothering marks present over lower and upper
lip (inner side) whole face congested.
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(iv) High ligature marks transversely present front of
neck size 10cm x 2.5 cm.”
4. In fact, the police had reached at the spot after receiving
the information that the dead body of Lachma Devi was found in her
house. The GD extract is Ex. A-6. According to the prosecution, on
24.05.2015, the police was informed that the appellants were waiting
at a bus stop. The police apprehended both of them and arrested them
on 24.05.2015 at 04:35 a.m. and from each of them an ear ring was
recovered. According to the prosecution, both the appellants confessed
their guilt and told that they had snatched the ear rings of the
deceased Lachma Devi. The recovered articles were sealed and a
recovery memo, Ex. A-11 was prepared. Thereafter, at the instance of
the appellants, according to the prosecution, a bag was recovered in a
forest, which contained the bank passbook of PW 1 Geeta Devi, gas
consumer card, ration card, etc. belonging to the informant. Recovery
memo, Ex. A-21 was also prepared. The Investigating Officer prepared
site plan of the place of incident where the deceased was killed, which
is Ex. A-18. Call details were also taken into possession and after
investigation, the Investigating Officer submitted the charge sheet, Ex.
A-27, against the appellants under Sections 302, 394, 411 IPC.
5. On 17.10.2015, the charges were framed against the
appellants under Sections 302 read with 34 IPC, 394 read with 34 IPC
and 411 IPC, to which the appellants denied and claimed trial.
6. In order to prove its case, the prosecution got examined
as many as 11 witnesses, namely, PW 1 Geeta Devi, PW 2 HC Manoj
Kumar, PW 3 Dr. Rajeev Punetha, PW 4 Prem Singh, PW 5 Km. Anita,
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PW 6 Prakash Rawat, PW 7 Const. Vinod Chandra, PW 8 HC Pushkar
Bhatt, PW 9 Inspector Kailash Panwar, PW 10 Sub Inspector Pratap
Singh Negi and PW 11 SI V.K. Mishra.
7. On behalf of the defence, two witnesses were examined,
namely, DW 1 Smt. Kanta Devi and DW 2 Smt. Gurjeet Chaudhary.
There are two court witnesses, namely, CW 1 Arun and CW 2 Vinod
Kumar Singh.
8. After the prosecution evidence, the appellants were
examined under Section 313 of the Code of Criminal Procedure, 1973
(“the Code”). According to them, they have been falsely implicated and
the witnesses have given false statements.
9. After having heard the learned counsel for the parties,
the court convicted the appellants and sentenced as stated
hereinbefore. Aggrieved by it, the appellants have preferred these
appeals from jail.
10. Heard learned counsel for the parties and perused the
record.
11. Learned Amicus Curiae for the appellants submit that it
is a no evidence case; merely based on some recovery, the appellants
have been convicted, but, it is argued that the recovery has also not
been established. It is argued that it is highly improbable that after
killing, the appellants would keep the ear rings, each in their pocket
and would let the police come and arrest them in the morning of
24.05.2015. It is argued that had the appellants killed the deceased,
they would have run away. Moreover, it is argued that with regard to
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the ATM Card and gold chain, according to the witnesses, the
appellants had thrown them away, which it is argued is highly
improbable that the appellants would throw the gold chain and keep
the passbook, etc. at some place in the forest. It is also argued that
even there had been no Test Identification Parade of the alleged
recovered articles and mere producing the articles before PW 1 Geeta
Devi does not establish that, in fact, those articles were stolen and
looted. Hence, it is argued that the conviction of the appellants is bad
and deserves to be set aside.
12. Learned Amicus Curiae for the appellants further submit
that according to the prosecution, the appellants also looted the
mobile phone of the deceased and used her SIM in their phone. But, it
is argued that even the prosecution has not been able to establish that
which SIM was used by the deceased Lachma Devi and there is no
document to connect it.
13. Learned State Counsel submits that the ear rings and
other articles were recovered from the possession or at the instance of
the appellants on 24.05.2025. He would submit that when the post-
mortem of the deceased was done, it had locking pins in her ear, and
in the ear rings, which were subsequently recovered from the
appellants on 24.05.2015 at 04:35 a.m., there had been no locking
pins. He would submit that the witnesses have identified the ear rings
in the court. Learned State Counsel submits that though there is less
evidence to connect the appellants with the offence under Section 302
IPC, however, the recovery is proved.
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14. Replying to it, learned Amicus Curiae for the appellants
would submit that locking pins are general in nature; based on it,
identity of an article cannot be established; there had been no test
identification.
15. Before arguments are appreciated, it would be apt to
examine as to what the witnesses have stated.
16. PW 1 Geeta Devi is the informant. She has stated that
she has four children, who all are studying. Her husband works in
Chandigarh and at the relevant time, she was working in a factory at
Haldwani. According to PW 1 Geeta Devi, her children would go to
school at 07:00 a.m. and she would also leave her house for her duty
at 07:30 to 08:00 a.m. and her mother-in -law Smt. Lachma Devi stays
in the house. On 22.05.2015, this witness and her children left the
home and when her children came back, they found the deceased
dead. She was also informed. She came back and found that the
deceased was killed by placing a “Saari ” knot on her neck. Her ear
rings were missing. According to this witness, the locker was broken,
gold necklace of this witness, bank passbook, gas book, ration card,
etc. were also missing. According to PW 1 Geeta Devi, in fact, the
mobile number of the deceased bearing No.*******792 was also
missing. PW 1 Geeta Devi states that the appellants are relatives. They
had been visiting the house of this witness in her absence for a week
prior to the date of incident and were asking for the mobile number of
her husband, which she did not give. Thereafter, the appellants
threatened her. This witness has proved the FIR, Ex. A-1.
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17. In her further examination, this witness has proved the
ear rings, material Exs. 6 and 7. She has also proved the passbook,
gas book, ration cards, etc., which are material Exs. 10 to 21.
18. PW 2 HC Manoj Kumar has recorded the chik FIR and
made entry in the GD. He has stated accordingly.
19. PW 3 Dr. Rajeev Punetha conducted the post-mortem of
the deceased on 23.05.2025 at 11:30 a.m. He has noted the injuries
on the person of the deceased, which are already referred to
hereinabove. This witness has proved the post-mortem report, Ex. A-4.
20. PW 4 Prem Singh is the husband of PW 1 Geeta Devi. He
is also not an eyewitness. According to him, between 15.05.2015 to
20.05.2015, her mother, the deceased, would telephonically call him
and tell that she apprehends threat to her life from the appellant Vipin
alias Veeru. According to this witness, the deceased would also tell
that the appellants would visit her and would inquire about her
jewellery, cash and other articles.
21. PW 5 Km. Anita is the daughter of PW 1 Geeta Devi.
According to her, on 22.05.2015, she along with her brothers and
sisters had gone to school and when they came back, they found that
the articles were scattered in the house and the deceased was lying on
the bed and her neck was tied with a “Saari”. Thereafter, the
neighbours came and they informed the mother of this witness and
then the mother of this witness came. This witness has also stated
that the appellants would visit their house and threaten her and her
family members.
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22. PW 6 Prakash Rawat had also reached the placed of
incident after the news broke. He is a witness of inquest, Ex. A-5.
23. PW 7 Const. Vinod Chandra has stated that on
22.05.2015, an information was reached at the chowki Peerumadara
that a dead body was detected in a house, of which record was made
in the GD entry, Ex. A-6.
24. PW 8 HC Pushkar Bhatt has stated that he prepared the
inquest report, Ex. A-5 and other documents related to it. According to
him, upon information having been received, the appellants were
arrested on 24.05.2015 at 04:35 a.m. and from their possession two
ear rings were recovered, which they confessed to have looted after
killing the deceased Lachma Devi. This witness has proved the
recovery memo, Ex. A-11.
25. PW 9 Inspector Kailash Panwar had reached at the spot
after the information having been received. He proceeded with the
investigation. This witness prepared a site plan, Ex. A-18. He has also
stated that on 24.05.2015 at 04:35 a.m., the appellants were arrested
and from their possession ear rings looted from the deceased Lachma
Devi were recovered. According to him, the appellants confessed their
guilt. He also states that the appellants were further interrogated on
24.05.2015 when they said that other looted articles have been placed
by them, which they could get recovered and eight kilometres ahead of
Ramnagar, the appellants got recovered certain articles, including the
passbook, gas book, ration cards, etc., of which recovery memo, Ex. A-
21 was prepared.
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26. PW 10 SI Pratap Singh Negi had also reached at the place
of incident on 22.05.2015. He is also a witness of recovery from the
appellants that was made on 24.05.2015..
27. PW 11 SI V.K. Mishra is the Investigating Officer. He has
stated about the steps that were taken during investigation. In para 7
of his statement, he tells that the deceased Lachma Devi had mobile
No.*******792, whereas in para 9, he tells that the deceased Lachma
Devi had mobile no.*******692. There is a discrepancy in it. This
witness has proved the site plan of the recovery and other articles and
finally submitted the charge sheet.
28. DW 1 Smt. Kanta Devi is the mother of the appellant
Vipin alias Veeru. She has stated that the appellant Vipin is her son
and the appellant Gaurav is her nephew. According to her, the
appellant Gaurav was arrested by the police in her house at 07:00 in
the evening.
29. Similarly, DW 2 Smt. Gurjeet Chaudhary has stated that
the appellant Vipin was arrested from her house on 23.05.2015 at
06:30-07:00 p.m.
30. CW 1 Arun is the nodal officer of Aircell. He has stated
about the documents pertaining to mobile number. He has stated
particularly about the appellant Gaurav Rawat’s cell number and its
detail.
31. CW 2 Vinod Kumar Singh is the nodal officer of Idea
Cellular Ltd. He has also stated about the mobile number, etc.
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32. It is a case based on circumstantial evidence. In the case
of Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC
116, the Hon’ble Supreme Court has discussed the concept of
complete chain and factors that would contribute in proving the guilt
of the accused in a case of circumstantial evidence. In paras 153 and
154, the Hon’ble Supreme Court has observed as follows:-
“153. A close analysis of this decision would show that the
following conditions must be fulfilled before a case against an
accused can be said to be fully established:
(1) the circumstances from which the conclusion of
guilt is to be drawn should be fully established.
It may be noted here that this Court indicated that the
circumstances concerned “must or should” and not “may be”
established. There is not only a grammatical but a legal distinction
between “may be proved” and “must be or should be proved” as
was held by this Court in Shivaji Sahabrao Bobade v. State of
Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 : 1973 Crl
LJ 1783] where the observations were made: [SCC para 19, p. 807:
SCC (Cri) p. 1047]
“Certainly, it is a primary principle that the
accused must be and not merely may be guilty before a
court can convict and the mental distance between ‘may
be’ and ‘must be’ is long and divides vague conjectures
from sure conclusions.”
(2) the facts so established should be consistent only with
the hypothesis of the guilt of the accused, that is to say, they
should not be explainable on any other hypothesis except that the
accused is guilty,
(3) the circumstances should be of a conclusive nature and
tendency,
(4) they should exclude every possible hypothesis except
the one to be proved, and
(5) there must be a chain of evidence so complete as not to
leave any reasonable ground for the conclusion consistent with the
innocence of the accused and must show that in all human
probability the act must have been done by the accused.
154. These five golden principles, if we may say s o,
constitute the panchsheel of the proof of a case based on
circumstantial evidence.”
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33. On behalf of the prosecution, it is being argued that for a
week prior to the date of incident, the appellants had been visiting the
house of PW 1 Geeta Devi in her absence and would ask the telephone
number of her husband and in case it is not given, they would extend
threats to the family members. Even if, it is taken as a gospel truth, is
it a motive or preparation? Perhaps it may be a much weak kind of
motive and even not a preparation.
34. For what purpose the appellants would ask the mobile
number of the husband of PW 1 Geeta Devi and for what purpose they
would kill the mother-in-law of PW 1 Geeta Devi? This has not been
disclosed. Therefore, based on these assumptions that the appellants
had been visiting the house of the deceased for a week prior to the date
of commission of offence, it cannot be said that it is a chain that may
connect the appellants with the commission of the murder of the
deceased Lachma Devi.
35. What is being proposed on behalf of the prosecution is
that on 24.05.2015, on information having been received, the
appellants were arrested from a place and after their arrest, two ear
rings, one from each, were recovered from the appellants and at that
time the appellants confessed the guilt that they had looted the articles
on 22.05.2015 when they killed the deceased Lachma Devi.
36. In addition to it, it is further case of the prosecution that
at the instance of the appellants, from an open place in the forest,
some documents pertaining to PW 1 Geeta Devi and her family
members, for example, bank passbook, ration card, gas book, etc. were
recovered.
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37. Learned Amicus Curiae for the appellants submit that the
recovery part is totally false and planted. They submit that it is not
believable that the appellants would keep ear rings in their pocket two
days after the incident, at a distance of 15 kms. from the place of
incident. Moreover, they would submit that, according to the
prosecution, the gold necklace of PW 1 Geeta Devi was also looted,
which was not recovered and the explanation that has been offered by
the prosecution witness, it is argued, further falsifies the prosecution
case. Reference has been made to the statement of PW 10 Sub
Inspector Pratap Singh Negi, who in para 29 of his statement tells that
on being asked, the appellants did tell to them that they destroyed the
ATM card and had thrown the gold necklace. Similarly, the statement
of PW 9 Inspector Kailash Panwar made in para 30 has been referred
to in this context, wherein he has also stated that the appellants had
told to them that they had destroyed the ATM card and had also
thrown away some jewellery.
38. In the case of K. Ponnuswamy v. State of T.N. by
Inspector of Police, Directorate of Vigilance and Anti-Corruption, South
Range, Trichy, 2001 (6) SCC 674, the Hon’ble Supreme Court
discussed the aspect of “proved” and “not proved”. The Hon’ble
Supreme Court also took note of Section 114 of the Indian Evidence
Act, 1872, which, inter alia, provides that the court may presume the
existence of any fact which it thinks likely to have happened, regard
being had to the common course of natural events, etc. In para 27 of
the judgment, in the case of K. Ponnuswamy (supra ), the Hon’ble
Supreme Court observed as follows:-
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“27. .......................................................................
................................................... .............................
...................................................................................
There can be no dispute with the legal
proposition. However, let us see what is meant by
“proved”. Section 3 of the Evidence Act defines
“proved” as follows:
“3. ‘Proved’.—A fact is said to be
proved when, after considering the matters
before it, the court either believes it to exist, or
considers its existence so probable that a
prudent man ought, under the circumstances
of the particular case, to act upon the
supposition that it exists.”
Further, Section 114 of the Evidence Act reads
as follows:
“114. Court may presume existence
of certain facts. —The court may presume the
existence of any fact which it thinks likely to
have happened, regard being had to the
common course of natural events, human
conduct and public and private business, in
their relation to the facts of the particular
case.”
Thus the fact is said to be proved when after
considering the matters before it, the court believes it
to exist, or considers its existence so probable that a
prudent man ought, under the circumstances of the
particular case, to act upon the supposition that it
exists. In coming to its belief the court may presume
existence of any fact which it thinks likely to have
happened having regard to the natural course of
event, human conduct and pu blic and private
business, in relation to the facts of each case.”
39. Can it be believed that the appellants had thrown the
gold necklace and had kept the passbook, gas book, ration card, etc.?
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40. Admittedly, there has been no description of the ear rings
that were allegedly looted from the deceased on 22.05.2015. After its
alleged recovery, there was no test identification of those articles. For
the first time, they were placed before the witnesses and they were
identified. There is no other corroboration to the fact that, in fact, the
allegedly recovered articles from the appellants were those, which were
looted from the deceased Lachma Devi.
41. Under the facts and circumstances of the case, this
Court is of the view that this fact is not proved that the jewellery,
which was allegedly recovered from the appellants was, in fact, the
jewellery looted from the deceased. There is no other evidence to
connect the appellants with the commission of offence.
42. In view of the foregoing discussions, this Court is of the
view that the prosecution has utterly failed to prove the case beyond
reasonable doubt. The appellants deserve to be acquitted of the
charges levelled against them. Accordingly, the impugned judgment
and order passed by the court below convicting and sentencing the
appellants deserves to be set aside and the appeals deserve to be
allowed.
43. The criminal jail appeals are allowed.
44. The impugned judgment and order dated
17.09.2016/20.09.2016 is set aside. The appellants Gaurav alias
Gopal and Vipin alias Veeru are acquitted of the charge under Sections
302 read with 34, 394 read with 34 and 411 IPC.
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45. The appellants Gaurav alias Gopal and Vipin alias Veeru
are in jail. Let they be set free forthwith, unless wanted in any other
case.
46. The appellants shall furnish a personal bond and two
reliable sureties, each of the like amount, by each one of them, to the
satisfaction of the court concerned under Section 437 A of the Code
within a period of month from their release.
47. Let a copy of this judgment along with the trial court
record be sent to the court concerned.
48. Let a copy of this judgment be also forwarded to the
concerned jail authority today itself, for onward compliance.
(Siddhartha Sah, J.) (Ravindra Maithani, J.)
16.06.2026 16.06.2026
Avneet/
In a significant ruling from the Uttarakhand High Court, a recent Criminal Jail Appeal has brought into focus the critical standards for establishing guilt in cases based on circumstantial evidence. This detailed analysis of Gaurav @ Gopal v. State of Uttarakhand and Vipin alias Veeru v. State of Uttarakhand (Criminal Jail Appeal No. 4 of 2017 and No. 31 of 2018, respectively) is now readily available on CaseOn, highlighting the judiciary's meticulous approach to justice and the paramount importance of proving a case beyond reasonable doubt.
The case revolved around the murder of Lachma Devi, the mother-in-law of the informant, PW 1 Geeta Devi, on May 22, 2015. The deceased was found strangled with a 'Saari,' and several articles, including ear-rings, a gold necklace, ATM card, bank passbook, and gas book, were missing. Suspicion fell on the appellants, Gaurav alias Gopal and Vipin alias Veeru, who were relatives and allegedly visited the house prior to the incident, making threats and inquiring about the husband's mobile number.
Based on the investigation, including alleged recovery of articles and confessions, the appellants were charged under Sections 302 (murder), 394 (robbery with causing hurt), and 411 (dishonestly receiving stolen property) read with Section 34 of the Indian Penal Code (IPC). The Sessions Judge, Nainital, convicted and sentenced them to life imprisonment for murder, ten years rigorous imprisonment for robbery, and three years rigorous imprisonment for receiving stolen property.
The core legal issue before the Uttarakhand High Court was whether the prosecution had successfully proven the guilt of the appellants beyond a reasonable doubt, given that the case was entirely based on circumstantial evidence. The appellants, through their Amicus Curiae, argued that it was a 'no evidence' case, asserting that the recoveries were not credibly established and that the chain of events necessary for conviction was incomplete and full of improbabilities.
The High Court relied heavily on established legal precedents concerning circumstantial evidence, particularly the 'Panchsheel' principles enunciated by the Hon'ble Supreme Court in Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116. These principles mandate:
Every circumstance from which guilt is to be inferred must be fully and unequivocally established, not merely 'may be proved.'
The established facts must be consistent only with the hypothesis of the accused's guilt, ruling out any other plausible explanation.
The circumstances must be of a conclusive nature and tendency, leaving no room for doubt.
The evidence must exclude every possible hypothesis except the one that the accused is guilty.
There must be a complete chain of evidence, leaving no reasonable ground for a conclusion consistent with the innocence of the accused and demonstrating that, in all human probability, the act was done by the accused.
The Court also referenced Sections 3 and 114 of the Indian Evidence Act, 1872, defining 'proved' as a belief in existence or a high probability thereof, and allowing presumptions based on the common course of natural events and human conduct.
The High Court meticulously examined each piece of circumstantial evidence presented by the prosecution:
The prosecution contended that the appellants had visited the deceased's house for a week prior to the incident, asking for the husband's mobile number and issuing threats. The Court deemed this a “much weak kind of motive, and even not a preparation.” It questioned the logical connection between asking for a mobile number and committing murder, finding it insufficient to link the appellants to the crime.
The recovery of two ear-rings from each appellant two days after the incident, approximately 15 km from the crime scene, was a key piece of evidence. However, the Court highlighted several critical flaws:
Regarding other looted items like the gold necklace and ATM card, prosecution witnesses (PW 9 and PW 10) gave contradictory statements. Some stated the appellants claimed to have “destroyed” the ATM card and “thrown away” the gold necklace, while others recovered less valuable items like a bank passbook, gas book, and ration card from a forest at the appellants' instance. The Court found it illogical that valuable items would be discarded while less valuable documents were kept and later recovered, stating, “Can it be believed that the appellants had thrown the gold necklace and had kept the passbook, gas book, ration card, etc.?”
The prosecution's claim that the appellants looted the deceased's mobile phone and used her SIM was also found lacking. There was no evidence to establish which SIM belonged to the deceased, nor any document to connect it. Furthermore, the Investigating Officer (PW 11) provided contradictory mobile numbers for the deceased in his statements, casting further doubt on this aspect of the evidence.
Navigating complex judgments, especially those reliant on intricate circumstantial evidence, can be challenging for legal practitioners. This is where CaseOn.in proves invaluable, offering 2-minute audio briefs that distill the essence of such rulings, enabling legal professionals to quickly grasp the nuances and critical points of analyses like this Criminal Jail Appeal from the Uttarakhand High Court.
After a thorough review, the Uttarakhand High Court concluded that the prosecution had “utterly failed to prove the case beyond reasonable doubt.” The gaps, inconsistencies, and improbabilities in the circumstantial evidence meant that the prosecution could not meet the high standards set by the 'Panchsheel' principles. Consequently, the impugned judgment and order of conviction and sentence passed by the trial court were set aside, and the appellants, Gaurav alias Gopal and Vipin alias Veeru, were acquitted of all charges under Sections 302/34, 394/34, and 411 IPC.
This judgment serves as a crucial reminder of the stringent standards required to secure a conviction in cases based on circumstantial evidence. For lawyers, it underscores the importance of a complete and airtight chain of evidence, meticulous investigation, proper identification procedures (like Test Identification Parades), and avoiding contradictions in witness testimonies. For law students, it offers a practical illustration of the application of the 'Panchsheel' principles from Sharad Birdhichand Sarda and the evidentiary requirements under the Indian Evidence Act, particularly concerning ‘proved’ facts and presumptions. It highlights how weaknesses in establishing motive, flawed recovery procedures, and inconsistencies in prosecution narratives can dismantle even seemingly strong cases.
All information presented here is for informational purposes only and does not constitute legal advice. Readers are advised to consult with a qualified legal professional for any specific legal concerns.
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